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.

scholarly journals THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU

2021 ◽  
Author(s):  
Dunja Duić ◽  
Veronika Sudar
Keyword(s):  
Public Health ◽  
Political Legitimacy ◽  
Fundamental Rights ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
The Impact ◽  
The Eu

The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?

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 Comparative Assessment of the Impact of Electricity Consumption in Different Economic Sectors on the Economic Development of the EU Member States

Energies ◽  
2021 ◽  
Vol 14 (24) ◽  
pp. 8335
Author(s):  
Romualdas Ginevičius ◽  
Gracjana Noga ◽  
Eigirdas Žemaitis ◽  
Barbara Piontek ◽  
Karel Šuhajda
Keyword(s):  
Economic Development ◽  
Electricity Consumption ◽  
Successful Implementation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
National Economic ◽  
National Economic Development ◽  
The Impact ◽  
The Eu

Recently, the Member States of the European Union (EU) have found themselves in a controversial situation. On the one hand, national economic development is barely possible without increasing electricity consumption, whereas on the other we are facing increased use of natural resources (coal, oil, gas, wood), thermal effects, pollution and risks to human health. The European Green Deal is a response to the currently observed negative trends. The strategy aims to accelerate the economic development of the EU Member States, thus reducing electricity consumption. Objectives may include both the national economy and the electricity generation sector by applying advanced technologies and introducing innovations that increase output efficiency while reducing electricity costs. Assessing the current situation is vital for the successful implementation of the European Green Deal, i.e., by comparing the impact of electricity consumption on the economic development of the Member States. Thus, combining indicators for national economic development and the extent of electricity consumption into a single aggregate is necessary because electricity greatly affects economic development. The proposed methodology allows dividing the analysed EU Member States into three groups, in line with the degree of national economic development and the scope of electricity consumption in their economy sectors.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

scholarly journals Impact of Brexit on voting power in Council of the European Union

2020 ◽  
Vol 3 (1) ◽  
pp. 192-197
Author(s):  
Jakub Gábor
Keyword(s):  
European Union ◽  
Public Discourse ◽  
Three Dimensions ◽  
The European Union ◽  
Member States ◽  
Voting Power ◽  
Eu Member States ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractThe United Kingdom has left the European Union on 31 January 2020. Discussions that preceded such a move were conducted in three dimensions: they pertained a post-Brexit relationship between the UK and EU, future conduct within the UK and the one within the EU. Whilst public discourse has been dominated by the first two, this paper approaches the third one – on how Brexit has affected relationships between remaining 27 EU Member States. Stemming from the calculation of Banzhaf indices, it assesses the impact of Brexit on the voting power of remaining Member States in the Council of the EU – arguably the most important body within the EU institutional architecture – and identifies which countries are going to record the most significant gains and losses in this respect.

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.

Autonomy of Public Sector Investments in the Light of the Free Movement of Capital in the EU

2014 ◽  
Vol 12 (3) ◽  
pp. 503-518
Author(s):  
Janja Hojnik
Keyword(s):  
Market Integration ◽  
Free Movement ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Financial Market Integration ◽  
The Republic ◽  
The Impact ◽  
Free Movement Of Capital ◽  
The Eu

This article deals with the impact of the EU’s endeavours to achieve financial market integration and the free movement of capital on rules of the Member States that limit autonomy of public bodies when making investment decisions. These rules have direct importance for rules such as those applicable in Slovenia which require 1,500 public entities to invest their liquid assets exceeding EUR 100,000 solely in securities of the Republic of Slovenia and not in securities of other EU Member States. In this case, they are obliged to offer their liquid assets first to the Ministry of Finance, thereby running the risk that such liquid assets would be decommitted and allocated to other public purposes. The aim of this article is to develop arguments to the effect that, in the light of the freedom of movement of capital as construed by the Court of Justice of the EU, especially in the recent case concerning Polish open pension funds (OPFs) the investment policy of indirect budget spending units should be more open – not only from the viewpoint of ensuring the EU single market but mainly from the perspective of the profitability of public finance. The security of investments can also be achieved in ways other than closing the investment market for all public entities.

Freedom of movement, social rights and residence-based conditionality in the European Union

2018 ◽  
Vol 29 (1) ◽  
pp. 70-83 ◽  
Author(s):  
Cecilia Bruzelius
Keyword(s):  
European Union ◽  
Member State ◽  
Social Rights ◽  
The European Union ◽  
Habitual Residence ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
State Case ◽  
The Eu

This article stresses the need to study how European Union (EU) member states define and implement the concept of habitual residence to assess boundaries of welfare in the EU. It focuses specifically on EU migrant citizens’ social rights and draws on comparative qualitative research on two EU member states – Germany and Sweden. The article first clarifies the differences between legal and habitual residence, and distinguishes between legal definitions of habitual residence and administrative formalities tied to such definitions. After examining legal definitions at the EU level, it goes on to consider additional definitions found in each member state case and administrative formalities attached to these definitions. Following this, implications for EU migrant citizens’ social rights in each country are assessed. The analysis reveals how administrative processes of residence registration shape conditionality. In this way, administrative aspects of habitual residence can have far-reaching exclusive effects on EU migrant citizens’ access to social benefits and services in the destination member state, as well as inhibit their ability to enjoy their right to freedom of movement. The article thus illustrates the inherent tension between free movement and residence-based social rights in a Union with devolved social provision.

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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