Analysis of international law on Unmanned Aerial Vehicles through the prism of European Union law

2019 ◽  
Vol 4 ◽  
pp. 73-93 ◽  
Author(s):  
Mateusz Gregorski
Keyword(s):  
European Union ◽  
Unmanned Aerial Vehicles ◽  
International Law ◽  
Legal Status ◽  
Current Status ◽  
The European Union ◽  
European Union Law ◽  
Consultation Process ◽  
Aerial Vehicles ◽  
International Legal System

The paper covers the topic of unmanned aerial vehicles in European and international law. Proposed changes and planned new regulations are also included in the overview. After introducing the basic terminology, the article tackles the problem of international responsibility and legal collision. Further analysis presents the division of legal competencies connected with unmanned aviation in the international legal system. In this context the current status of the EASA consultation process has also been presented. The aim of this process is to deliver new regulations for unmanned aerial vehicles in the European Union. The article summarizes the current legal status of unmanned aviation, including also ongoing legislation processes.

Operation Sophia in Uncharted Waters: European and International Law Challenges for the eu Naval Mission in the Mediterranean Sea

2016 ◽  
Vol 85 (3) ◽  
pp. 235-259 ◽  
Author(s):  
Graham Butler ◽  
Martin Ratcovich
Keyword(s):  
European Union ◽  
International Law ◽  
Mediterranean Sea ◽  
International Human Rights Law ◽  
The European Union ◽  
European Union Law ◽  
Refugee Law ◽  
Legal Challenges ◽  
The Mediterranean ◽  
International Refugee Law

This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.

scholarly journals The Court of Justice, the National Courts, and the Controversy over the ‘Ultimate Arbiter’ of the Constitutionality of Law in the European Union

2020 ◽  
Vol 8 (1) ◽  
pp. 9-41
Author(s):  
Roman Kwiecień
Keyword(s):  
European Union ◽  
Legal Status ◽  
Legal Reasoning ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
National Courts ◽  
Court Of Justice ◽  
Legal Space ◽  
The One

The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.

scholarly journals Сonsolidation of somatic rights in international regulations

2021 ◽  
pp. 46-50
Author(s):  
M.V. Gromovchuk
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
Safety Standards ◽  
Normative Criteria ◽  
The Individual

The issue is topical in the context of actively expanding the list of human rights, including within the national dimension, because human rights as a dual category are subject to transformation due to the following factors: European integration processes, creating the need for integration and harmonization of Ukrainian legislation with European Union law; globalization processes, as Ukraine is a member of the world community and modern economic, environmental, legal, etc. phenomena have a direct impact on national state processes, and on the legal reality, and on the rights and freedoms of the individual. It is determined that the recognition of new human rights, the expansion of the existing list - one of the trends in the development of the legal status of the individual. And when regulating relations in the field of somatic claims through the category of human rights, it should be borne in mind that somatic human rights should be characterized by what characterizes the category of human rights in general. It is pointed out that in human history no "new right" has really been recognized without a struggle and without overcoming the fierce opposition of some "old rights". It is proved that the legal regulation of the possibility of exercising somatic rights in the international arena (primarily within the European Union) has significantly improved. Basically, we are talking about the existing basic (basic) regulations in the field we study. Thus, among the most important of them, we should first focus on such as, the Council of Europe Convention on Human Rights and Biomedicine 1997, the EU Council Recommendation of June 29, 1998 "On the suitability of blood and plasma donors and donor blood screening. in the European Community" (98/463 / EC), Directive 2004/23 / EC of 31 March 2004 on the establishment of quality and safety standards for the donation, purchase, testing, treatment, preservation, storage and distribution of human tissues and cells". That is, we believe that the Council of Europe and the European Union, as regional international organizations, have established common normative criteria for the possibility of implementing and protecting somatic human rights in general and in the field of biomedical research in particular.

Two Legal Orders: Divergent or Convergent?

1999 ◽  
Vol 48 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Eileen Denza
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
The European Union ◽  
European Union Law ◽  
Public International Law ◽  
European Court ◽  
Effective System ◽  
Ec Law ◽  
Treaty Of Amsterdam

The conclusion of the Treaty of Amsterdam and its progress through the ratification procedures of the 15 member States of the European Union provides an occasion to re-examine a familiar question. What is meant by the claim by the European Court of Justice that the European Com-munity Treaties have created “a new legal order of international law”1 or, more radically, “a new legal order”?2 Is EC law to be regarded as a particularly effective system of regional international law, or has it been created as, or mutated into, an entirely new species of law? If there are indeed two legal orders, to what extent are they still capable of cross-fertilisation? What about “European Union law”? Have the Treaty on European Union and now the Treaty of Amsterdam eroded the dichotomy between the two legal orders of public international law and EU law? Is public international law itself taking on some of the characteristics which have made EC law an attractive as well as an effective system for regulating relations between sovereign States? Are the two streams converging?

scholarly journals The Evolution of Cybersecurity Regulation in the European Union Law and Its Implementation in Poland

2021 ◽  
Vol 46 (3) ◽  
pp. 219-235
Author(s):  
Grażyna Maria Szpor
Keyword(s):  
European Union ◽  
Information Systems ◽  
Cyber Security ◽  
Legal Status ◽  
Service Providers ◽  
Real Space ◽  
The European Union ◽  
European Union Law ◽  
Digital Service ◽  
Polish Law

The 2013 European Union Cybersecurity Strategy, the 2016 Directive, and the 2019 Regulation mark the next steps in strengthening the protection of cybersecurity by European Union bodies, linked to changes in member states’ laws. The rapid increase in threats, referred to as the “cyberpandemic”, requires prompt adaptation of legal instruments to new needs, but at the same time complicates ensuring consistency of multi-level regulation. The analysis of changes in the legal status in Poland shows that this concerns terminology, subject matter scope and the structure of cyber security systems. In order to reduce difficulties, it is worth considering introducing immediate amendments to those provisions in force which were negatively assessed during works on drafting new acts. Such a conclusion is prompted by the evolution of the definition of cybersecurity, which, according to the 2019 Regulation as well as the draft amendments to the Polish Act on National Cyber Security System and the draft of the new Directive, is to be understood as activities necessary to protect networks and information systems, users of such systems and other persons against cyber threats such as any potential circumstance, event or action that may cause damage, disruption or otherwise adversely affect networks and information systems. Another example is the maintenance of the distinction between key service operators and digital service providers in the 2019 EU Regulation and the 2021 draft amendment to the Polish law, although the 2020 NIS 2 directive draft recognizes that it has become irrelevant and replaces it with a distinction between essential and relevant entities. Also, other changes currently proposed are justified by the blurring of the boundaries between virtual and real space.

Portuguese–Spanish river basins: bilateral agreements' evolution and context

2000 ◽  
Vol 42 (1-2) ◽  
pp. 227-233 ◽  
Author(s):  
R. Maia
Keyword(s):  
European Union ◽  
International Law ◽  
Sustainable Use ◽  
River Basins ◽  
The European Union ◽  
European Union Law ◽  
Potential Production ◽  
International Rivers ◽  
Bilateral Agreements ◽  
Ecosystem Protection

The main aim of the Portuguese–Spanish active bilateral international rivers Conventions (1964 and 1968) was to rule on the sharing of water and hydroelectric potential production of bordering river stretches. The new “Convention on Cooperation for Portuguese–Spanish River Basins Protection and Sustainable Use”, signed by the two governments but still to be ratified, envisages co-ordinating efforts on shared river basins management, aiming to attain improved risk prevention and ecosystem protection on those basins, respecting modern principles of international law. An analysis of the new Portuguese–Spanish Convention will be presented, bearing in mind international and European Union law and principles, namely the European Union Water Framework Directive Proposal. Different issues such as water resources development, protection and management of the Portuguese–Spanish river basins, including an envisaged flow regime definition, will be analysed, always according to the legal and political paradigms.

An Outline of the Legal Protection of Air in Poland and the European Union

2016 ◽  
Vol 8 (2) ◽  
pp. 0-0
Author(s):  
Marcin Jurgilewicz ◽  
Oktawia Jurgilewicz
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
International Law ◽  
Environmental Protection ◽  
Legal Protection ◽  
The European Union ◽  
European Union Law ◽  
Economic Transformations ◽  
Late Twentieth ◽  
Late Twentieth Century

Air Protection is clearly an issue regulated both under Polish, as well as international, law especially European Union law. The area of this regulation is part of wide-ranging environmental protection issues, the essence of which should be considered mainly in the light of the numerous socio-economic transformations of the late twentieth century, as well as the development of the structures of the European Union and the Polish membership of this organisation since 2004. Currently, the broad regulations on air protection have been amended many times already by the Act of 27 April 2001. Environmental Protection Law and implementing Acts issued on its basis, define first and foremost the principles for the protection of the environment and conditions for the use of its resources, taking into account the requirements of sustainable development and, in particular, the rules determining the conditions of conservation of the environment, the conditions for the introduction of substances or energy into the environment, the costs of using the environment as well as the responsibilities of authorities and responsibilities and sanctions. Its provisions do not apply to matters covered in nuclear law and in respect of the obligation to hold a permit, issue a decision on an acceptable level of noise, or pay fees in the case of conducting rescue operations, as well as the noise arising in connection with the widespread use of the environment. This article includes the issues of formation and characteristics of the current normative regulations relating to the protection of the air as part of the environment both in regard to Polish, as well as foreign, legislation.

scholarly journals La nueva reivindicación de la secesión de Cataluña en el contexto normativo de la Constitución española de 1978 y el Tratado de Lisboa = The last demand of secession in Catalonia under Spanish Constitution 1978 and Lisbon Treaty

2013 ◽  
pp. 89 ◽  
Author(s):  
Javier Ruipérez Alamillo
Keyword(s):  
European Union ◽  
International Law ◽  
Constitutional Law ◽  
The Political ◽  
The European Union ◽  
European Union Law ◽  
Spanish Constitution ◽  
Constitutional State ◽  
Internal Problem ◽  
Set Up

El presente escrito aborda el problema político y jurídico que representan para el Estado las propuestas independentistas del nacionalismo catalán. Nuestra tesis es, partiendo de la compatibilidad absoluta del Derecho Internacional y del Derecho Constitucional, que la respuesta a si una entidad territorial puede decidir unilateralmente independizarse del Estado es, en un Estado Constitucional democrático, necesariamente negativa. En concreto, mantenemos que cuando no es posible apelar al Derecho Internacional Humanitario, el problema de la secesión es un problema puramente interno de un Estado que, por lo tanto, no es en el Derecho de la Unión Europea, sino en el Derecho Constitucional español, y la Teoría democrática del Pouvoir Constituant, donde habrá de buscarse la solución al problema que plantea el nacionalismo catalán.The present document studies the political and juridical problem that the independence proposals of the catalonian nationalism represents for the Spanish State. Our thesis, beginning with de absolute compatibility between International Law and Constitutional Law, is that the answer to the question if a territorial entity can decide by itself to become independent, in a democratic Constitutional State, is necessarily negative. To sum up, we maintain that when it is not possible to appeal to the Humanitarian International Law, the seccesion is a merely internal problem of a State and, so that, it is not in the European Union Law, but in the Spanish Constitutional Law, and the democratic Theory of the Pouvoir Constituant, where you must look for a solution to the problem set up by the catalonian nationalism.

scholarly journals The Relationship Between the European Union Law and the Double Tax Treaties

2021 ◽  
Vol 61 (5) ◽  
pp. 277-286
Keyword(s):  
European Union ◽  
International Law ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Legislative Changes ◽  
National Perspective ◽  
The Many ◽  
The Eu

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

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