scholarly journals TERRITORIAL BASIS OF LOCAL SELF-GOVERNMENT ORGANIZATION IN THE CIS MEMBER STATES

2022 ◽  
pp. 122-125
Author(s):  
I. Shakhnovskaya
Keyword(s):  
Member States ◽  
Government Organization ◽  
National Legislation

The article discusses the issues of determining the essence of the concept of "territorial foundations of the organization of local self-government", the structure presented in the form of various levels. Particular attention is paid to the latest changes in the constitutional legislation of the CIS member states in the field of the ATU reform, an analysis of the national legislation of these states in the field of building the territorial foundations of local self-government is carried out. It is concluded that there are several trends in the formation of the territorial foundations of the organization of local self-government in the CIS member states.

EC policymaking: The case of the “Television Without Frontiers” directive

1992 ◽  
Vol 49 (1-2) ◽  
pp. 99-120 ◽  
Author(s):  
Michel Dupagne
Keyword(s):  
Green Paper ◽  
Significant Feature ◽  
Member States ◽  
National Legislation ◽  
Single European Act ◽  
Political Compromise

On October 3, 1989, after a 3-year itinerary fraught with political hurdles, the Council of the European Communities adopted the “Television Without Frontiers” directive whose purpose was to harmonize national laws for transnational broadcasting. This paper reviews chronologically the policymaking process of the directive from the Green Paper to the incorporation of the directive into national legislation. The directive represents an illuminating case study in EC decisionmaking because it highlights how the cooperation procedure, a significant feature of the 1987 Single European Act, altered the relationships among EC institutions and how political compromise enabled the Member States to reconcile their differences and ultimately adopt the legislation.

scholarly journals On Legal Possibilities of Limiting Labor Migration within the Eurasian Economic Union: from Theory to Practice in Conditions of the COVID-19 Pandemic

2021 ◽  
Vol 1 (2) ◽  
pp. 77-85
Author(s):  
Dmitry V. Ivanov ◽  
Maria M. Levina
Keyword(s):  
Labor Market ◽  
Labor Migration ◽  
Union Member ◽  
Member States ◽  
Efficient Operation ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Coronavirus Infection ◽  
The Common ◽  
Economic Union

The article is focused on the study of the legal possibilities of restricting labor migration flows within the framework of the Eurasian Economic Union (hereinafter – the EAEU, the Union). Taking into account the fact that the deepening of the economic integration between the EAEU’s member states (Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia) also largely depends on the efficient operation of the common labor market, it is especially relevant to ensure that legislative measures aimed at overcoming the negative consequences of the spread of a new coronavirus infection (COVID-19) fully correspond to the legal conditions for its development. The analysis carried out by the authors is based on a two-level system of studying the relevant legal norms – the level of international treaties and acts that constitute the law of the EAEU, and the level of national legislation of the Union member states. Although Section XXVI of the Treaty on the EAEU secures the freedom of movement of labor in the Eurasian space, the norms of this agreement, however, provide for the possibility of introducing certain restrictions on admission to the common labor market of citizens of the Union member states. In view of the fact that the relevant provisions of the EAEU law were widely tested in practice in 2020, the authors consider them through the prism of those anti-crisis and stabilization measures that have been taken by the states in connection with the threat of further spread of the new infection. At the same time, the imposed restrictions are to be examined in this work with the use of a comparative method of analysis: to what extent the regulation of the legal status of citizens of the Union member states in the territories of the host state has been changed in the national legislation of the Union countries. In the final part of the present article, the authors assess the legal compliance of the taken measures with the statutory goals of the EAEU, as well as review the current problems in the further development of an agreed and effective system for regulating migration processes, given the actions of states to prevent the spread of coronavirus infection.

scholarly journals Challenges in Harmonising and Implementing the Environmental Crime Directive

Teisė ◽  
2021 ◽  
Vol 118 ◽  
pp. 130-144
Author(s):  
Ieva Marija Ragaišytė
Keyword(s):  
Environmental Crime ◽  
Member States ◽  
National Legislation ◽  
The Law ◽  
Implementation Problems

The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.

scholarly journals Implementation of the law of the Eurasian Economic Union in national criminal law

2019 ◽  
Vol 135 ◽  
pp. 04065
Author(s):  
Valery Lapshin ◽  
Nadezhda Kuznetsova
Keyword(s):  
Criminal Law ◽  
Economic Security ◽  
Member States ◽  
National Legislation ◽  
Economic Relations ◽  
Eurasian Economic Union ◽  
Political Interests ◽  
Soviet Space ◽  
Economic Union ◽  
Post Soviet Space

Currently, one can observe the process of active economic integration and cooperation, in the post-Soviet space. This is possible due to mutual economic and political interests, ensuring the protection of the interests of national producers, and obtaining competitive advantages of domestic goods in comparison with similar products of Western European and Asian manufacturers. The solution to all these problems is facilitated by the creation of a single international organization of the post-Soviet space the Eurasian Economic Union (EAEU), the territory of its member states already constitutes a single customs space. Activities of the EAEU are associated with the adoption of a significant number of regulatory international legal acts. Implementation of these acts will be satisfactory only if the EAEU member states properly implement it in the national legislation. At present, several types of implementation of international law provisions in the national legislation of a particular country are distinguished in legislative activity: reception, transformation, referral, incorporation, ratification. Law enforcement practice also deserves special attention, including decisions of international courts binding in a single state. As a result of the study, the most preferred forms of implementation of the EAEU regulatory acts into the national law systems of its participants: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, were established. In addition, it was concluded that it is necessary to unify provisions of the criminal law of the listed states in terms of establishing liability for customs offenses. This decision will positively affect protection of both the interests of individual participants in economic relations and the economic security of each union state.

Article 140 TFEU

2019 ◽  
Author(s):  
Leo Flynn
Keyword(s):  
Member State ◽  
Central Bank ◽  
Monetary Union ◽  
European Central Bank ◽  
Economic And Monetary Union ◽  
Member States ◽  
National Legislation ◽  
European Central ◽  
High Degree

Articles 121(1), 122(2), second sentence, and 123(5) EC At least once every two years, or at the request of a Member State with a derogation, the Commission and the European Central Bank shall report to the Council on the progress made by the Member States with a derogation in fulfilling their obligations regarding the achievement of economic and monetary union. These reports shall include an examination of the compatibility between the national legislation of each of these Member States, including the statutes of its national central bank, and Articles 130 and 131 and the Statute of the ESCB and of the ECB. The reports shall also examine the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State.

STAKEHOLDERS READINESS TO IMPLEMENT NEW LEGISLATION ON OCCUPATIONAL EXPOSURE TO THE ELECTROMAGNETIC FIELDS

2017 ◽  
Vol 1 ◽  
pp. 28
Author(s):  
Tarmo Koppel ◽  
Inese Vilcane
Keyword(s):  
Occupational Exposure ◽  
Occupational Health ◽  
Health Effects ◽  
Electromagnetic Fields ◽  
Working Environment ◽  
Target Groups ◽  
Member States ◽  
National Legislation ◽  
Eu Directive ◽  
Level Of Knowledge

– European companies are expected to check their compliance with a new legislation about occupational exposure to the electromagnetic fields . Corresponding EU directive was issued in 2013 and was to be implemented into the national legislation of member states by 2016. The current study was launched with the aim to determine the readiness of the companies and other stakeholders affected by this new legislation. The target groups investigated by this study include workers, working environment specialists, occupational health doctors and labour inspectors. A questionnaire was developed to determine the level of knowledge and other issues introduced by the new legislation. Altogether 67 responses was received from Estonia. Significant shortcomings were reported in regard to the training of workers at high EMF workplaces/companies - score 0,15 out of 1. EMF safety arrangements, as described in the new directive, were reported to be sufficiently fulfilled only in 11 per cent of the high EMF companies. Also the workers' knowledge about the EMFs propagation and health effects was low, averaging at only 0,15 out of 1. The results indicate that at present little attention is paid on training the workers that may be affected by high levels of EMFs. Shortcomings are characteristic to all sizes of companies but are less evident in large companies. Considering the requirements of the new EMF legislation, immediate planning of appropriate schooling programs is necessary for all parties involved.

Recognition Of Companies Incorporated In Other EU Member States

2003 ◽  
Vol 52 (2) ◽  
pp. 521-534 ◽  
Author(s):  
Eva Micheler
Keyword(s):  
European Court Of Justice ◽  
European Law ◽  
Member States ◽  
Choice Of Law ◽  
National Legislation ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court

Few decisions of the European Court of Justice have received as much attention as the 1999 judgement in Centros.1 This decision provided private international lawyers with an opportunity to examine choice of law in relation to companies against the background of European law. It also caused company lawyers to re-examine their national legislation in the light of foreign rules.

Remarks on the Waste Framework Directive

elni Review ◽  
2010 ◽  
pp. 2-6
Author(s):  
Ludwig Krämer
Keyword(s):  
Waste Streams ◽  
Member States ◽  
National Legislation ◽  
Legal Situation

Directive 2008/98/EC on waste was adopted on 19 November 2008. Member States are required to transpose it into their national legislation by 12 December 2010. This Directive replaces Directive 2006/12/EC which was itself a codification of Directive 75/442/EEC. This contribution only comments on some of the provisions of the new Directive, in particular those where the legal situation has changed with regard to the earlier legislation. While Directive 2006/12/EC had been constructed as a framework directive and had explicitly stated so, the new Directive 2008/98/EC makes no mention of its framework character. This means that for each specific directive it has to be examined whether the provisions of Directive 2008/98/EC – the definitions, the principles, etc – also apply to directives on specific waste streams. Art. 2(4) explicitly provides that specific rules on the management of particular categories of waste may be laid down by means of individual directives.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

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