POLICE DUTIES IN PROCEEDINGS CONCERNING FAMILY MATTERS OF MINORS UNDER SELECTED EU AND INTERNATIONAL LAW (WITH PARTICULAR REFERENCE TO CASES OF CHILD ABDUCTION)

2020 ◽  
Vol 138 (2) ◽  
pp. 109-120
Author(s):  
Anna Franusz
Keyword(s):  
European Union ◽  
International Law ◽  
Relevant Information ◽  
International Agreements ◽  
Central Authority ◽  
European Union Law ◽  
Child Abduction ◽  
The Law

The interests of children are of paramount importance, therefore it is sometimes necessary for the authorities to interfere in matters relating to their custody, when a child is likely to have been wrongfully removed or retained in breach of the rights of custody attributed to a person, an institution or any other body (child abduction). Therefore a number of international and European Union legal acts impose on national legislators the obligation to introduce mechanisms involving central authorities into cooperation with each other and promoting cooperation amongst the competent authorities in their respective states to make proper discoveries to secure the prompt return of children. For this purpose, the Law of 26 January 2018 on the exercise of certain acts of the central authority in family matters relating to legal transactions under European Union law and international agreements was adopted. Pursuant to its provisions, Police offi cers shall, by virtue of their specifi c powers, assist the central authority and the courts on matters relating to the abduction of minors abroad. Their role is mainly linked to providing the authorities with relevant information, assisting the probation offi cer, and searching the place where the minor is presumed to be living.

scholarly journals Problemas de Derecho Internacional Privado en la contratación de seguros: especial referencia a la reciente directiva (UE) 2016/97 sobre la distribución de seguros = Private International Law problems of the international insurance contracts: the newdirective (UE) 2016/1997 about distribution of insurance

2017 ◽  
Vol 9 (2) ◽  
pp. 39
Author(s):  
Hilda Aguilar Grieder
Keyword(s):  
European Union ◽  
International Law ◽  
Contract Law ◽  
International Agreements ◽  
Insurance Market ◽  
Private International Law ◽  
Insurance Contracts ◽  
Different Types ◽  
The Law ◽  
Conflict Of Law

Resumen: El presente estudio analiza uno de los sectores jurídicos más complejos de la contratación internacional: el de los seguros; en el cual existe una amplia variedad de contratos. En concreto, en el mercado asegurador se vislumbra una dispersión en el tratamiento, tanto de los problemas de competencia judicial internacional, como de los de Derecho aplicable. El tratamiento ante estos problemas depende, muy especialmente, del tipo de contrato de que se trate.Palabras clave: Unión Europea, Derecho Internacional Privado, contratos internacionales, contratación de seguros en el ámbito internacional.Abstract: This study analyses one of the most difficult problems of the international contract law: the law applicable to the insurance contracts and other contracts involve in the insurance market. In the insurance field there are different types of contracts, and the conflict of law rules and law applicable is different for each kind of contract. This led to a fragmentation of the conflict of law solutions relating to insurance.Keywords: European Union, Private International Law, international agreements, international insurance contracts

Effektiver Umweltrechtsschutz in Planungskaskaden

2021 ◽  
Author(s):  
Sarah Langstädtler
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Law ◽  
Disposal Site ◽  
European Union Law ◽  
Federal Highway ◽  
Effective Remedy ◽  
Judicial Protection

This treatise examines and compares the remedy in the Federal Highway Act (FStrG), Grid Expansion Acceleration Act (NABEG) as well as in the Determination of a Final Nuclear Disposal Site Act (StandAG) in terms of ensuring an effective remedy to enforce environmental law. Particularly the concentrated remedy in the NABEG proves to be conflictual. There are reasonable doubts whether it guarantees a sufficiently effective judicial protection concerning the enforcement of environmental law. This leads to questions regarding its compatibility with international law (especially the Arhus Convention) and European Union law.

scholarly journals Promoting EU values in international agreements

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka
Keyword(s):  
European Union ◽  
Industrial Relations ◽  
International Agreements ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
New Model ◽  
Trade Relations ◽  
The Right ◽  
High Level

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

28. Child Abduction

2018 ◽  
pp. 309-316
Author(s):  
Jane Sendall
Keyword(s):  
International Law ◽  
The Other ◽  
Child Abduction ◽  
The Law

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction.

28. Child Abduction

2019 ◽  
pp. 309-316
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The Other ◽  
Child Abduction ◽  
The Law

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It looks at jurisdiction, in which circumstances removal may be lawful, passports, and port alerts. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction. Hague and non-Hague convention countries are also discussed, as well as what can be done if a child is abducted to a non-Hague convention country.

scholarly journals eu Law Constraints on Intra-eu Investment Arbitration?

2017 ◽  
Vol 16 (1) ◽  
pp. 71-86 ◽  
Author(s):  
Eirik Bjorge
Keyword(s):  
European Union ◽  
International Law ◽  
Arbitral Tribunal ◽  
Eu Law ◽  
The European Union ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Energy Charter Treaty ◽  
The Law

This article questions whether the law of the European Union (eu) can impose jurisdictional constraints on so-called intra-eu investment arbitration proceedings. Would an arbitral tribunal hearing an intra-eu case under either a bilateral investment treaty (bit) or under the Energy Charter Treaty (ect) have to declare itself incompetent to conduct the case proceedings owing to the operation of eu law? This article subjects that proposition to criticism, finding that, for a number of reasons, connected either with the drafting of the bit or the ect or the operation of general principles of international law, it does not withstand scrutiny. An arbitral tribunal seized of a treaty claim under a bit or the ect cannot rely on eu law to negate rights expressly granted under the instrument providing for its jurisdiction.

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