scholarly journals Role of the Philosophy of Law in the process of unifying the legal systems of the members of the European Union in the context of the Common Framework of Reference Project v

Author(s):  
Fursa Svitlana Yaroslavivna ◽  
Kukhniuk Dmitriy Vladimirovich ◽  
Bondar Iryna Vadymivna ◽  
Maliarchuk Liubov Sergiivna ◽  
Derii Olena Olexsandrivna

The study discusses the role of the philosophy of law in the process of unifying legal systems through the prism of the principles of the Draft Common Framework of Reference in Europe. The application of the philosophy of law in unification processes is also a necessary condition for the implementation of these processes about human rights and the sovereign interests of the State, which implements the unification of the legal order. Hence, the issue of European integration determines the strategic direction of the state, and this leads to the unification of law. The study aims to identify the role of the philosophy of law in the processes of unifying the legal systems of the European Union and its importance in the use of principles in these processes, justifying the need to use the philosophy of law in any process of transformation. It is concluded that the philosophy of law is a bridge harmonized with the legal sphere of operation of both individual states and supranational associations.

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese

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).


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This chapter examines the recovery of unlawful and incompatible State aids, which is one of the cornerstones of free and undistorted competition in the European Union. The repayment of an aid declared unlawful and incompatible with the common market is of utmost importance, as it eliminates the distortion of competition caused by the competitive advantage afforded by the contested aid. In other words, by repaying an unlawful aid, the recipient forfeits the advantage it had enjoyed over its competitors on the market and therefore the previously existing situation is restored; it is common ground in this respect that this objective is attained once the aid in question—increased, where appropriate, by default interests—has been repaid by the recipient.


2016 ◽  
Vol 8 (1) ◽  
pp. 265-282
Author(s):  
Tomasz Łachacz ◽  
Sylwester Zagulski

Unemployment is classified today as one of the main threats to society. The phenomenon affects the lives of individuals, the functioning of families and society and development of the state. It is often the source of other social problems such as poverty, violence, or social pathologies. The article presents the scale and nature of unemployment occurring after 1989 in Poland and in selected European Union countries, i.e. the Netherlands, Spain, Slovakia and Latvia. It attempts to show the characteristic trends of the phenomenon over a period of more than two decades. Examples from the European countries analysed show that the situation in the labour market and the approach to employment are radically different. Individual countries are characterised by very different unemployment rates, which reflect their different size, economic and demographic potential, or are associated with the tradition of employment. The existence of differences seems to be normal, but their scale may give rise to concern. A characteristic feature of unemployment in the period analysed is its regional diversity, both in Poland and in the whole of the European community. Important factors that determine the level of unemployment are age, sex, education and people’s qualifications. The effects of long-term unemployment are very painful for the whole of society. Such a situation can lead to, amongst others, poverty, societal antagonism, violence and migration. The latter is an issue that the whole of Europe is currently struggling with. The uncontrolled influx of immigrants, including those migrating for economic reasons, causes fear of losing their job among Europeans, which in turn translates into the radicalisation of society. A role of the state and the EU institutions is to create an effective mechanism for the protection and support of the unemployed. This is a prerequisite for Europeans to continue the project which is a common united Europe.


2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Kristaps Zdanovskis ◽  
Irina Pilvere

The Common Agricultural Policy (CAP) has considerably contributed to changes in the rural environment of Latvia after its accession to the European Union (EU). The accession provided new opportunities and considerable financial support for agriculture, yet the competition of farms under the conditions determined by the CAP has changed the composition of final agricultural output in Latvia. As the number of EU Member States increased and the CAP became more complicated, an increasing role in defending the interests of farmers is played by farmer organisations.


2015 ◽  
Vol 8 (1) ◽  
pp. 77-83
Author(s):  
Eva Turk ◽  
Stephen Leyshon ◽  
Morten Pytte

Patient safety is a right and it raises particular issues in the context of cross-border care. Patients should be able to have trust and confidence in the healthcare structure as a whole; they must be protected from the harm caused by poorly functioning health systems, medical errors and adverse events. This paper addresses the state of cross-border healthcare in the European Union, the state of patient safety, the question of quality assurance and the role of accreditation as a risk based approach.


2009 ◽  
Vol 4 (3-4) ◽  
pp. 165-167
Author(s):  
János Gősi

According to the Treaty of Maastricht only those member states can join the zone of the common money which meet the so-called requirements of Maastricht of which Hungary has not met even one since our joining the European Union. Besides, up to the autumn 2006 we got away from the time of its introduction planned by 2007. In 2002 fulfilment of requirements regarding inflation seemed to be the most difficult one. In addition it appeared rational to reduce deficiency in the state budget under 3% by 2004. It would have made possible for Hungary to meet the requirements even in the first, so in 2004, convergence programme and after a two year-long period, in 2007 - after the parliamentary election of 2006 - to introduce the euro together with Slovenia.


2021 ◽  
Vol 1 (72) ◽  
pp. 333-349
Author(s):  
Mircea COȘEA

Coronavirus has generated changes and mutations not only in the conduct of our daily lives, but also in the organization and functioning of the economic mechanism at national and global level.The rapid changes and shifts that are taking place in the economy are for the moment the result of the political mainstream, especially the governmental one, and of the system of internationalfinancial institutions. What is visible and certain is the elimination of some limits in giving up ideological principles and established rules of the functioning of the economic mechanism. Thus, the neoclassical ideology, the foundation of the whole scaffolding of the global economic policies, easily compromises by admitting that in the current conditions state interventionism has a more  important role than free market laws in counteracting the effects of the pandemic on the economy. This process easily went beyond the regulations of the liberalization of trade in goods, returning to protectionism with nationalist accents as well as to bans on food and medicine exports. The principle of European solidarity is being threatened by unilateral decisions taken by Member States, or by the abandonment of European agreements in order to replace them by national decisions. Globalization was based on the imperative to produce, sell and buy, move, circulate, move on. Its ideology of progress is based on the idea that the economy must definitely replace politics. The essence of the system was the abolishment of limits: more trade, more and more goods, more and more profits to allow money to circulate and turn into capital. This whole concept of development has ceased to be the guiding principle of economic growth and development, thecurrent trend being the return to national borders, if not in a strictly territorial sense, at least in an economic sense. That is why one of the important changes of recent months is the emergence of policies designedto change the meaning of supply chains. Rethinking supply chains is a consequence of border closures or of the sudden closure of transport. It is a critical point of pressure that weighs mainly on car manufacturers and capitalgoods. As a result, there will be a trend of relocating production to European or Maghreb countries where wages remain lower than the European average. Another quick and important change is the one related to the role of the state in the economy, neoliberalism successfully promoting throughout the global economy the idea of the need for the limited role of state decision and state interventionism in the economy. The current change consists precisely in reversing the role of the state from passivity to activity, considered as the only one capable of ensuring an efficient system for managing the pandemic and restarting the economy. For many analysts, the coronavirus crisis could lead to a profound change in the global economic model and in the individual economic behavior.This is an extremely important issue also from the perspective of Romania's future. We are at a turning point and will have to make quick and complex decisions, because Romania risks entering a post-crisis period in an economic stagnation difficult to overcome, due to the lack ofproductivity, innovation and modern management. The gaps between Romania and the vast majority of European countries will be maintained, condemning us to occupy a marginal and lower place in the hierarchy of the European economy, characterized by a high and dangerous degree of dependence on the evolution and dynamics of markets in the strong states of the European Union. The explanation of this situation lies in the type and functioning of the structure of the Romanian economy. The current structure of the Romanian economy lies on the last concentric circle of European integration, if its center is considered the western core of theEU. There is no doubt about this inevitability. The crisis caused by the pandemic already exists and despite the optimism of some international financial institutions it will profoundly affect the state of the world economy and the life of the citizens. There will be not only major changes in the paradigm of the neoliberal model of the global economy but also changes in the balance of power between the world's major economic and political actors. The trade war between the USA and China is also beginning to have important political aspects, as the fight for world leadership between these two superpowers is generating tensions over the entire world. These tensions will surely have many "collateral victims" through the direct and indirect damage that many national economies, even the European Union, will suffer, as a result of the economicand political consequences of the US and China entering a state that some Western analysts define as " a cold war but with a tendency to warm up". These elements will aggravate the pressure that the pandemic crisis will put on the state of the world economy, determining the extent and depth of the effects of the crisis not only on the economic field but also on the balance and stability of international relations.Keywords: coronavirus crisis; value chains; multilateralism-unilateralism; protectionism, neoliberal global economic model. 


2020 ◽  
Vol 43 (4) ◽  
pp. 83-102
Author(s):  
Anna Katarzyna Drabarz

In the last decade, accessibility has become a buzzword not only among actors of the civil society advocating for the rights of persons with disabilities but also among the legislators in the European Union. The EU has adopted a series of binding regulations aiming at approximating the common understanding of accessibility and Member States’ approach to operationalising the right. Being part of EU harmonised law, the European Accessibility Act has already been considered a milestone in the process. The choice of an approach / approaches will decide about a success of its transposition into Member States legal systems.


2020 ◽  
pp. 95-101
Author(s):  
Ognyan Stoichkova

The article deals with the issues related to financing of agricultural industry in Bulgaria from the EU funds and programs. The outcomes of European support under the first and second pillars of the Common Agricultural Policy of the European Union, in which Bulgaria has been participating since 2007, are analyzed. Besides, the positive effects on Bulgaria’s agriculture as well as the problems facing the agricultural sector in the new programming period are highlighted.


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