Harmonization of the Ukrainian Legislation with the Legislation of the European Union with Regard to Trade Defence

2020 ◽  
Vol 82 ◽  
pp. 174-188
Author(s):  
Iuliia Lokshyna
Keyword(s):  
European Union ◽  
The European Union ◽  
Normative Documents ◽  
Eu Legislation ◽  
Eu Directives ◽  
The Eu

The issue of the necessity of approximation, adaptation or harmonization of the Ukrainian legislation with the EU legislation has been tackled by a number of scholars in Ukraine. A number of normative documents also paid considerable attention to this issue in general. However, there is still an issue of defining the most suitable term which would better purpose bringing legislation into conformity with the requirements of the EU. According to some scholars the notion “harmonization” could better reflect this process. This view is also shared by the author of this article. The article also discusses the importance and the need to pass new draft laws in the field of trade defence in Ukraine, in particular, regarding anti-dumping, countervailing measures and safeguards. Since some of the new articles correspond to similar provisions in the EU directives, this is viewed as an important step to harmonize the Ukrainian legislation with the legislation of the European Union in this sphere.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

scholarly journals THE INFLUENCE OF THE INTEGRATION IN THE EUROPEAN UNION ON THE ROMANIAN FISCAL LEGISLATION

2008 ◽  
pp. 56
Author(s):  
Mircea Muntean ◽  
Doina Pacurari
Keyword(s):  
European Union ◽  
Fiscal Policy ◽  
Negative Impact ◽  
Value Added ◽  
The European Union ◽  
European Directives ◽  
Eu Directives ◽  
Dividend Tax ◽  
Excise Duties ◽  
The Eu

Fiscal policy constitutes – within the state's economic policy – a system by means of which the taxes and duties owed to the country's consolidated budget are established and collected. Taking into account the role fiscal policy has been playing since Romania's admission in the European Union, one of the goals ceaselessly looked for is its adapting to the international community's acquis through the implementation of the European directives in our context. The EU directives make reference to direct taxes: dividend tax, interest income tax, assets transfer, shares exchange, income taxation for the non-residents, and so on, along with the indirect taxes: value-added tax, excise duties, etc. The paper approaches the main provisions within the contents of the European directives as well as the means of their implementation in the Romanian fiscal legislation regarding various types of taxes. The implementation of the European directives has been simultaneous with the establishing of measures concerning fiscal fraud prevention, frauds liable to have a negative impact on the state's consolidated budget.

The ‘puzzle’ of workers’ mobility in Italy

2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino
Keyword(s):  
European Union ◽  
Case Law ◽  
Political Agenda ◽  
The European Union ◽  
Transnational Mobility ◽  
Italian Case ◽  
Eu Directives ◽  
Italian Legislation ◽  
The Eu

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.

Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

scholarly journals Whistleblowing systems: A systematic literature review on the design specifications and the consideration of the risk for organizational insiders to blow the whistle

2021 ◽  
Vol 18 (2) ◽  
pp. 60-73
Author(s):  
Sandra Scherbarth ◽  
Stefan Behringer
Keyword(s):  
European Union ◽  
Literature Review ◽  
Systematic Literature Review ◽  
The European Union ◽  
Member States ◽  
Eu Legislation ◽  
Design Specifications ◽  
Comprehensive Database ◽  
Data Basis ◽  
The Eu

Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages

scholarly journals «X and X v Belgium»: the need for EU legislation on humanitarian visa

sui generis ◽  
2017 ◽  
Author(s):  
Margarite Helena Zoeteweij-Turhan ◽  
Andrea Romano
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Advocate General ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Eu

This article examines the recent judgment of the Court of Justice of the European Union in the case of X and X v. Belgium (C-638/16 PPU). The issue at stake concerns an application for a visa with limited territorial validity (LTV) requested by a Syrian family at the Belgian embassy in Beirut in order to apply for asylum in Belgium. The article discusses the different interpretations given by the Advocate General and the Court of Justice and agrees with the AG that the EU Charter of Fundamental Rights leaves a limited margin of discretion to Member Sates and imposes a positive obligation to issue a LTV Visa in cases like X and X. It also concludes that the judgment in question clearly shows the need for the EU to adopt legislation regulating the issuance of humanitarian visas under the Visa Code.

Problems Faced by Consumers in E-Commerce Transactions With Special Emphasis on Digital Economy in India and the European Union

2020 ◽  
pp. 89-107
Author(s):  
Unanza Gulzar
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Regulatory Mechanism ◽  
The European Union ◽  
Consumer Perspective ◽  
Eu Directives ◽  
Transparency And Disclosure ◽  
The Eu ◽  
Made In

The chapter critically analyzes the defies consumer faces in e-commerce transaction like jurisdictional issues, privacy, and other issues. It also focuses on the EU directives and position of India with reference to e-commerce. Further, it highlights the nature of problems and challenges consumers face while making digital purchases, the need for more transparency and disclosure on the part of traders, and how the EU directives and Indian Consumer Protection Bill 2018 can play an important role in protecting the consumers. Moreover, the chapter highlights the regulatory mechanism of both EU and India and makes a comparative analysis of two. The chapter also deals with new changes made in India like e-commerce draft policy 2018. Last but not the least, to give an outline of consumer inclinations, opinions are expressed in order to present an overall picture of existing situations from the consumer perspective.

scholarly journals Biofuels in transport sector of Latvia: experience, current status and barriers

2014 ◽  
Vol 51 (1) ◽  
pp. 32-43
Author(s):  
R. Smigins ◽  
P. Shipkovs
Keyword(s):  
European Union ◽  
Biofuel Production ◽  
Current Status ◽  
Transport Sector ◽  
The European Union ◽  
Barriers To Implementation ◽  
Eu Directives ◽  
The Eu

Abstract During the last 10 years biofuel production and utilization in the European Union have become more extensive owing to support provided by the relevant EU Directives. Achievement of the main targets defined by Directives was not simple, being confronted with various barriers. Latvia is one of the EU member-countries that have set an ambitious goal as to the production of biofuel and its use in transport. The authors summarize the major achievements of the country in this area and analyze the main barriers to implementation of biofuels in the transport sector, providing an outlook on the current status of the bioenergy and the transport situation in Latvia.

Understanding Delegation Through Machine Learning: A Method and Application to the European Union

2019 ◽  
Vol 114 (1) ◽  
pp. 291-301 ◽  
Author(s):  
L. JASON ANASTASOPOULOS ◽  
ANTHONY M. BERTELLI
Keyword(s):  
Machine Learning ◽  
European Union ◽  
Empirical Studies ◽  
Learning Approach ◽  
The European Union ◽  
Empirical Estimation ◽  
Eu Legislation ◽  
Machine Learning Approach ◽  
Eu Directives ◽  
Delegation Of Powers

Delegation of powers represents a grant of authority by politicians to one or more agents whose powers are determined by the conditions in enabling statutes. Extant empirical studies of this problem have relied on labor-intensive content analysis that ultimately restricts our knowledge of how delegation has responded to politics and institutional change in recent years. We present a machine learning approach to the empirical estimation of authority and constraint in European Union (EU) legislation, and demonstrate its ability to accurately generate the same discretionary measures used in an original study directly using all EU directives and regulations enacted between 1958–2017. We assess validity by training our classifier on a random sample of only 10% of hand-coded provisions and replicating an important substantive finding. While our principal interest lies in delegation, our method is extensible to any context in which human coding has been profitably produced.

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