scholarly journals PROBLEMS ARISING DURING THE IMPLEMENTATION OF N2008 /48 / EC EUROPEAN DIRECTIVE

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Natia Kashibadze

Since the Association Agreement, the countries have been obliged to implement a number of laws, and the implementation of the implementation in different ways has caused many problems and legislative differences. This paper discusses the problems arising during the implementation of the Directive of the European Parliament and Council N2008 / 48 / EC "On consumer credit agreements", both in Georgian and in other countries and in international law. The article presents the problems that have arisen during the development of the Directive and the international strategies that annually announce certain shortcomings and issue recommendations for solutions. In addition to international strategies, the Action Plan for European Integration of the Parliament of Georgia for 2018-20201 is discussed, according to which the problems are not only evident at the implementation stage, but also indicate a general malfunction of the executive structure and imperfect staff. The plan shows the low quality of compliance with international standards, and as for the directives, their novelty is clearly felt in the Georgian legislation and, therefore, it needs to amend a number of norms. It is noteworthy that legislative novelty is also problematic in practice, and we still find scarcely solutions where the dispute is resolved by consumer law. In addition to Georgian law, this problem is also mentioned in international practice, for example in relation to certain terms, which are given in a very broad definition in the Directive. In particular, their uncertainty leads to their own interpretation by states and judges, which ultimately leads to different practices. Such a difference is detrimental not only to the customer, who is not required to be aware of the essence of the norms, but also he can not understand how the dispute can be resolved and can not even understand what words can be used by the parties to the contract, obligations.

2018 ◽  
Vol 2018 (11-12) ◽  
pp. 28-46
Author(s):  
Tetiana IEFYMENKO ◽  

Countering threats to the security of the national economic space should be accompanied by the protection of financial sovereignty by the authorities. The unconditional implementation of the medium-term goals to reduce the growth rates of the country’s total debt (in perspective), improvement of the government regulatory mechanisms for allocating limited resources, a better quality of constitutionally guaranteed public services and support for investment in the real economy sector should be a key guideline for the Public Finance Management System (PFMS). The author analyses institutional, macroeconomic, political, organizational and information risks that can hinder the successful implementation of measures aimed at ensuring the consistency and predictability of fiscal policy, preventing default situations, etc. The results of practical implementation of the program documents adopted last year, which regulate the Public Finance Management Reform Strategy 2017-2020 (hereinafter the “Strategy”) and the Action Plan for its implementation, indicate that the lack of coordinated expression of will, as well as a consensus on a unified course of change in society, negatively affects the quality of management of fiscal risks and investment processes and the degree of synchronization of fiscal regulation with other levers of the state’s influence on the success of change management. It is emphasized that a high degree of dependence on international financial assistance to strengthen economic equilibrium, the need for more intensive development of the national economy and continued structural reforms are highlighted in the recently published report of the European Commission in connection with the anniversary of the conclusion and implementation of the EU-Ukraine Association Agreement. The author proposes the ways of neutralizing the destructive consequences of any external or internal transformations in the socio-economic system through: (i) equilibrium processes of social reproduction; (ii) intensification of investments; (iii) promotion of entrepreneurship development; (iv) restriction of shadow activities; (v) ensuring the transparency of operations with the state financial assets; (vi) synergistic effect of management interaction between the Government and the National Bank of Ukraine.


Author(s):  
Nataliia Karpinska ◽  

The article focuses on the use of international standards in the application of sanitary and phytosanitary measures. A comprehensive analysis of scientific literature allows us to conclude that the problems of European integration were studied in the works of a number of domestic scientists. In their works they reach similar conclusions that national legislation should be updated as quickly as possible and adapted to the international legal obligations undertaken by Ukraine to the WTO and the EU in terms of aligning sanitary and phytosanitary requirements with international standards in this area. This fact, at the doctrinal level, recognizes the powerful impact of international law on the development of domestic agrarian legislation. Particular attention is paid to Chapter 4 "Sanitary and Phytosanitary Measures" of the Association Agreement with the EU and the Comprehensive Implementation Strategy of Chapter IV (Sanitary and Phytosanitary Measures) of Section IV "Trade and Trade-Related Issues" of the Association Agreement, which provides for measures to implement (total 70), terms of their preparation and implementation. Based on the analysis of the legal features of international standards in the field of sanitary and phytosanitary measures, the author identifies and reveals the content of such characteristic features as: the presence of a recommendatory nature; indirect action by making them the basis of national legislation; acting as an important tool for harmonization (or unification) of provisions of national legislation on the application of sanitary and phytosanitary measures; weak ability to influence the development and change of international standards in the field of sanitary and phytosanitary measures; presumptions of consistency of measures are applied taking into account international standards.


2020 ◽  
pp. 83-108
Author(s):  
Moon Hwy-Chang ◽  
Wenyang Yin

Although North Korea is one of the most closed countries in the world, it has long been pursuing international cooperation with other countries in order to upgrade the quality of its film industry to international standards. Preceding studies on this topic have mainly focused on the political influences behind filmmaking in general and very few studies have exclusively dealt with North Korea’s international co-productions. In this respect, in order to develop a comprehensive understanding of the internalization strategy of North Korea’s film productions, this paper uses the global value chain as a framework for analysis. This approach helps understand the internationalization pattern of each value chain activity of film co-productions in terms of the film location and the methods for collaborating with foreign partners. By dividing the evolution of North Korea’s international co-productions into three periods since the 1980s, this paper finds that although North Korea has shown mixed results with different aspects of the film value chain, it has generally improved its internationalization over the three periods. This paper further provides strategic directions for North Korea by learning some of the successful Chinese experiences in the film sector regarding collaboration with foreign partners—to foster a win-win situation for all involved parties.


1991 ◽  
Vol 24 (10) ◽  
pp. 171-177
Author(s):  
T. Vellinga ◽  
J. P. J. Nijssen

Much of the material dredged from the port of Rotterdam is contaminated to such a degree that it must be placed in specially constructed sites. The aim of Rotterdam is to ensure that the dredged material will once again be clean. This will entail the thorough cleansing of the sources of the contamination of the sediment in the harbours and in the River Rhine. The Rotterdam Rhine Research Project (RRP) is one of the means to achieve this based on: technical research, legal research, public relations and dialogues with dischargers. The programme for five selected heavy metals is almost complete. For many heavy metal discharge points between Rotterdam and Rheinfelden, a specially devised independent load assessment has been carried out four times. Balance studies were used to determine the relative contributions of the point discharges to the total. Currently the results are being used in an attempt to negotiate agreements with a selected number of the major dischargers. At present, more detailed balance studies are being set up and exploratory measurements carried out for organic micropollutants. It may be concluded that the research is progressing successfully and methods and techniques developed seem satisfactory and broadly applicable. The Rhine Action Programme encompasses an international effort to improve the quality of the Rhine water. Although the RRP plays a modest complementary role to the Rhine Action Plan, there is no doubt of the value of this Rotterdam initiative. The mode of work followed in the RRP contains elements that can be of use in combatting the contamination of the North Sea by rivers other than the Rhine.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
L Aslanyan ◽  
S Sahakyan ◽  
V Petrosyan

Abstract Background Literature suggests increasing evidence that incompetent midwifery education results in poor quality of care. The study compared and evaluated the level of compliance of the Armenian national criterion on midwifery with the global competency standards and developed recommendations for improvement. Methods The study team conducted a document review using a standardized checklist, which was adapted from the International Confederation of Midwives (ICM) core assessment tools. The document review explored if the main knowledge and skills/ability related elements of each ICM competency were separately covered by different modules of the national criterion using a scoring system with categories: not met, partially met, fully met and unspecified. Results Although the national criterion did not have specifically defined competencies, most of the elements required by the ICM were present as specific learning outcomes under different modules of the criterion. Midwifery program curriculum was described as intensive with unnecessarily heavy workload. Additionally, the document review reviled that most of the learning outcome defined in modules of the national criterion focused more on theoretical knowledge rather than practical skills and abilities. Overall, the ICM required competency in provision of care during pregnancy was the most comprehensively covered one in the national criterion, while the competency in facilitation of abortion related care was the lowest covered. National criterion did not highlight the importance of topics such as women's rights and health, principles of epidemiology, statistical methods of research, cultural, local and ethical beliefs. Conclusions The systematic comparison of the national criterion with internationally recognized essential competencies demonstrates significant gaps. The study team recommends revisions to the national criterion to make it competency based. Key messages Midwifery education criteria in Armenia did not reflect internationally accepted midwifery competency’s fundamental philosophy and values. Given the shortcomings of the current national midwifery education criterion, a comprehensive revision of the competencies of midwives in Armenia should be considered.


SAGE Open ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 215824402110361
Author(s):  
Gentian Qejvanaj

Roma segregation in Albania has been causing growing concern since the fall of the communist regime. In this study, we analyze the effectiveness of the Albanian national action plan for Roma inclusion 2016–2020, in 2018, halfway in its implementation period. We gathered data on education and employment from the pre-implementation period (2015) and compared it with the latest available data in 2018. Interviews with local experts and surveys by the Balkan Barometer will provide background information to assess the current state of Roma integration in Albania. Moreover, descriptive statistics from national and international institutions and structured interviews will draw an independent narrative of Roma affairs. In our conclusion, we suggest moving beyond the “us and them” approach with programs run on inertia; our findings highlight that although encouraging achievements have been reached under the 2016–2020 action plan, real inclusion is still far, as statistical achievements do not say much about the quality of the education or job training provided under the 2016–2020 action plan.


Author(s):  
James R. Walker ◽  
Paul Mallaburn ◽  
Derek Balmer

Historically, pipeline operators have tended to place more weight on inline inspection tool specifications than on the inherent design and reporting capabilities of the service providers themselves. While internal collection of integrity data is very important, it’s imperative that vendors, also, have high levels of expertise and effective quality control systems in place to successfully analyze exceedingly high volumes of inspection data. The quality of inspection information is vital to assessing if a pipeline is fit for purpose now and/or into the future. Integrity managers attempting to reduce overall operating risk by making decisions based on inaccurate or poor quality reporting are in fact exposing their networks to greater safety and financial risk. Recognizing these risks and that inline inspection (ILI) is an overall system that needs to be formally qualified, operators and ILI service providers have collaborated to develop several international standards. The most recent is the umbrella API-1163 industry consensus standard, which is now being widely adopted, primarily in USA. This standard provides requirements and recommended practices for qualification of the entire ILI process. Two companion standards: ASNT In-line Personnel Qualification and Certification Standard No. ILI-PQ and NACE Recommended Practice In-Line Inspection of Pipelines RP0102 combine to address specific requirements for personnel who operate and analyze the results of ILI systems. In Europe, the Pipeline Operators Forum (POF) has, also, established specific requirements for ILI reporting processes and data formats. However, these standards do not define how operators and vendors must meet these requirements. To follow will be a story about how an ILI service provider embraced a holistic approach to address these standards’ requirements, in particular in the areas of data analysis, reporting, and dig verification due to their significant importance in assuring the final quality of its deliverables. A key outcome desired will be to provide operators with greater insight into what best practices and technologies ILI service providers should have embraced and invested in to insure reliable service delivery.


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