The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Yuliya Vashchenko
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Energy Sector ◽  
Public Authorities ◽  
Association Agreement ◽  
Eu Legislation ◽  
Regulatory Authorities ◽  
Energy Community ◽  
Regulatory Commission ◽  
The Eu

The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, primarily directives and regulations from the Third Energy Package, prescribe requirements in respect of the legal status of national regulatory authorities in the fields of energy and natural gas. Ukraine, as a full-fledged member of the Energy Community, as well as in line with the EU‒Ukraine Association Agreement, shall institute laws and regulations necessary for the implementation of those requirements. In particular, EU legislation stipulates requirements with regard to the independence of national regulatory authorities from other state authorities during the exercise of their regulatory powers. In recent years, Ukrainian public authorities have undertaken steps to develop and approve a legal framework in order to implement the requirements of EU energy legislation, in particular those related to the legal status of national regulatory authorities. The approval of the Law of Ukraine on the National Energy and Communal Services Regulatory Commission in 2016 was one of the critical achievements in this direction. However, the new Law has not solved the problem of the constitutional legal status of the energy regulator. The Constitution of Ukraine’s provisions specifying the powers of the President of Ukraine and the Verkhovna Rada of Ukraine as against permanent independent regulatory authorities (e.g., pertaining to the establishment, appointment and dismissal of members, accountability) shall be amended in order to bolster the principle of independence of national regulatory authorities in the energy sector as prescribed by EU legislation.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals A Comparative Analysis of the Collective Dominance Definition in Ukrainian and European Law – the Electricity Market Case

2016 ◽  
Vol 9 (14) ◽  
pp. 125-144
Author(s):  
Ksenia Smyrnova
Keyword(s):  
Electricity Market ◽  
Mining Industry ◽  
Policy Formation ◽  
State Regulation ◽  
Comparative Approach ◽  
Pricing Policy ◽  
Association Agreement ◽  
Energy Community ◽  
The Eu ◽  
Collective Dominance

This paper follows a comparative approach to the analysis of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. The aim of this paper is to assess the compliance of the Ukrainian competition authority’s (AMCU) analysis of the national electricity market with EU law enforcement practice. The latter arises from Ukraine’s wider duty to fulfil its international law obligation to comply with EU competition rules, based on Article 18 of the Treaty establishing the Energy Community also taking into account the interpretative criteria developed in EU case law (according to Article 94 of the Association Agreement between Ukraine and the EU). Article 255 of the Association Agreement, which clearly provides for the use of the principle of transparency, non-discrimination and neutrality when complying with the procedures of fairness, justice and the right of defence, also illustrates the necessity of carrying out research in this field. The paper examines notions such as: the dominance doctrine, market power definition, economic strength and collective dominance in the EU enforcement practice. Special attention is placed on enforcement practice in the electricity market. Since the scrutinised market inquiry constitutes the first investigation into the Ukrainian electricity market, there is no national practice on this issue yet. For this reason, the analysis follows a wide comparative approach towards the principles of collective dominance in the electricity market in Ukraine. The paper concludes that the AMCU’s approach to the regulation of the electricity market in Ukraine confirms the necessity to reform the system of state regulation in the wholesale electricity market and in the market of services for electricity transmission. In order to develop competition in the electricity market, it is also necessary to change the system for tariff and pricing policy formation on the part of the National Energy and Utilities Regulatory Commission of Ukraine and the Ministry of Energy and Coal-Mining Industry of Ukraine. Stressed is also the necessity to follow the approach and criteria of EU competition law with regard to the determination of market dominance. This requirement is stipulated by Ukraine’s international legal obligations arising from Articles 18 and 94 of the Treaty establishing the Energy Community and Article 255 of the Association Agreement between the EU and Ukraine.

Article 197 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Direct Application ◽  
Free Movement ◽  
Eu Law ◽  
Specific Mechanism ◽  
Public Authorities ◽  
Free Movement Of Goods ◽  
The Many ◽  
The Eu

The effectiveness of the many rights and obligations under EU law rests on a legal framework consisting of direct application of Treaty rules, harmonized European rules, national rules, and mutual recognition, and the task of implementing and ensuring compliance with these rules lies, in practice, with a large number of public authorities in the twenty-eight MS. In order to carry out this task, MS’ authorities need to cooperate closely, meaning that administrative cooperation is not only desirable but is required by the very nature of the EU. In the context of the free movement of goods, many circulation regimes are accompanied by their own specific mechanism of administrative cooperation.

‘Brexatom’ could disrupt UK nuclear sector

2017 ◽  
Keyword(s):  
United Kingdom ◽  
Nuclear Industry ◽  
Atomic Energy ◽  
Association Agreement ◽  
Content Type ◽  
The United Kingdom ◽  
Energy Community ◽  
The Uk ◽  
Skills Shortages ◽  
The Eu

Subject Euratom and Brexit. Significance The UK government on July 13 put forward its proposals on handling its exit from the European Atomic Energy Community (Euratom). The document was published amid growing consensus between parliamentarians, the nuclear industry and the scientific and medical communities that the considerable risks associated with leaving Euratom made transition arrangements essential. Impacts Exiting Euratom and the EU will exacerbate the United Kingdom's problems of an ageing nuclear workforce and skills shortages. A UK association agreement with Euratom could be derailed by a veto by the anti-nuclear Austrian government. The problems presented by exiting Euratom will be replicated in other areas where the United Kingdom relies on EU expertise and oversight.

Ukrainian vs. Russian? The Securitization of Language-Related Issues in Ukrainian Blogs and on News Websites

2019 ◽  
Vol 34 (2) ◽  
pp. 375-399 ◽  
Author(s):  
Ksenia Maksimovtsova
Keyword(s):  
Digital Media ◽  
Legal Status ◽  
Russian Language ◽  
National State ◽  
Association Agreement ◽  
Russian Speakers ◽  
News Websites ◽  
The Russian Language ◽  
The Eu ◽  
State Language

The transformation of the peaceful demonstrations, which started on November 21, 2013, against Yanukovych’s decision to suspend the signing of the association agreement with the EU, into the bloodshed in Kyiv and eastern Ukraine, has vividly demonstrated that the rhetoric of the “protection of Russian-speakers’ rights” can be easily transformed from the level of “discursive threats” to the real threat of Ukraine’s dissolution. Therefore, the article seeks to explain how language-related issues were securitized in public discussions in leading Ukrainian blogs and on news websites that function in the Russian language after the Revolution of Dignity. The analysis of journalistic articles and users’ comments encompasses the period of 2013–2015 when the Russian–Ukrainian conflict and the discussion of language issues reached its climax. It is argued that despite an extreme presence of anti-Russian (anti-imperialist) arguments and consolidation over the idea of Ukrainian as the only state language (“one nation–one language”), arguments that supported an equal legal status of Russian- and Ukrainian-speakers were also to be found in selected digital media outlets. The analysis has also demonstrated that for most online users of Ukrainian digital media that function in Russian, the state language is constructed as the language discriminated against in its own national state.

scholarly journals New legislation of republic of Kosovo in thefield of transport

2012 ◽  
Vol 2 (1) ◽  
pp. 149
Author(s):  
Mr.Sc. Nexhat Jashari
Keyword(s):  
Legal Framework ◽  
Civil Aviation ◽  
Application Of Law ◽  
Eu Legislation ◽  
Dangerous Goods ◽  
International Report ◽  
The Law ◽  
Direct Implementation ◽  
The Eu

In this output are treated issues related to the new legislation in Kosovo in the field of transport. in particular, there is elaborated the law in force, regulations, administrative directions and other sub-legal acts issued by the Ministry of Transport Post and Telecommunication.Special importance was paid on the harmonization respectively on the approximation of the new legislation in Kosovo in the field of transport with acquis communitaire, as well as other aspects of direct implementation of the EU legislation from this field in Kosovo. It also reviewed the application of Law on Obligations provisions as lex generalis in the field of transport and recommendations are given for better and overall regulation of the field of transport, by supplementing and amending laws and by proposing the issuance of other special laws from this field.in the field of transport with international report, such as: European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID), Convention Concerning International Carriage by Rail (COTIF) , Convention Relating to the Contract of Carriage of Goods by Road CMR, The Convention on International Civil Aviation, - Chicago ConventionThe method used in this research is the comparative method.The result of this research is the ascertainment of the situation of new legislation in Kosovo, in relation to acquis communitaire, the effort and commitment of competent institutions for approximation with acquis communitaire .At the end as a conclusion there have been proposed the measures that should be taken in order to complete the legal framework in the field of transport.

scholarly journals Implementing the EU Climate Law via the ‘Fit for 55’ package

2022 ◽  
Vol 1 (1) ◽  
Author(s):  
Sabine Schlacke ◽  
Helen Wentzien ◽  
Eva-Maria Thierjung ◽  
Miriam Köster
Keyword(s):  
Greenhouse Gas ◽  
Emissions Trading ◽  
Legal Status ◽  
Legal Framework ◽  
The European Union ◽  
Trading System ◽  
Greenhouse Gas Reduction ◽  
Eu Emissions Trading System ◽  
Emissions Trading System ◽  
The Eu

ABSTRACT To implement the European Union (EU) Climate Law’s newly established 55% greenhouse gas reduction objective for 2030, the EU Commission suggests a wave of reforms to the European energy and climate legislation. The contribution aims to describe the EU Commission’s 16 initial legislative and strategic proposals regarding the major pillars of the European energy and climate legislation and intends to give an overview on the suggested reforms. By comparing the legal status quo with the legal framework de lege ferenda as presented by the Commission’s proposals, the planned major changes to the legal structures are identified. To achieve the 55% greenhouse gas reduction objective for 2030, all existing legal climate and energy acts are planned to be tightened by amending their targets as well as scopes and revising their structures. The suggested reforms concern the existing EU emissions trading system, effort sharing system between the Member States, energy taxation, energy efficiency and renewable energies. Additionally, the implementation of new instruments, such as the second EU emissions trading system for the sectors buildings and transport, the Carbon Border Adjustment Mechanism and the Social Climate Fund, is proposed. The design of the package shows that the Commission still generally pursues a climate legislation characterized by a mix of instruments and policies being both price based and regulatory. So, even though the major proposed change—the introduction of a second separate emissions trading system—would strengthen the role of carbon pricing, the Commission still relies on a mix of instruments without defining a leading instrument.

Sign in / Sign up

Export Citation Format

Share Document