scholarly journals The European Union and Education for Democratic Citizenship

2020 ◽  
Author(s):  
Kris Grimonprez
Keyword(s):  
Legal Framework ◽  
Democratic Citizenship ◽  
Quality Education ◽  
Eu Law ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
Legal Competence ◽  
The Eu

The study makes an analysis of the legal framework which Member States must take into account when designing their policies on citizenship education. The Charter on Education for Democratic Citizenship and Human Rights Education of the Council of Europe and the international right to education are read in conjunction with EU law. Suitable content for the EU dimension in mainstream education is explored. A method for objective, critical and pluralistic EU learning is proposed, based on the Treaties and on case teaching (stories for critical thinking). Member States are invited to take more action to ensure quality education. The EU has the legal competence to support the EU dimension in education. In the present state of EU law, quality education is no longer conceivable without an EU dimension incorporated in various key competences. At present the author works at the implementation of the ideas developed in the book as an Affiliated Senior Researcher at Leuven University (Case4EU-project in Belgium and other EU Member States).

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

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.

scholarly journals Waste Management at the Local Level in the EU and Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 329
Author(s):  
Viktor Ladychenko ◽  
Olha Melnychuk ◽  
Liudmyla Golovko ◽  
Oksana Burmak
Keyword(s):  
Waste Management ◽  
Local Level ◽  
Municipal Waste ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Waste Policy ◽  
Solid Municipal Waste ◽  
The Eu

The purpose of this article is to provide an overview of theoretical and practical issues related to the implementation of the responsibilities of bodies of local self-government for the management of solid municipal waste according to the Waste Framework Directive. Experience of EU Member States in this sphere was studied. The state of adaptation of Ukrainian legislation to the requirements of the European Union in the field of waste management has been investigated and proposals for implementation of experience of EU member states were made. Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of Ukrainian legislation to EU law

LEGAL FRAMEWORK OF THE EUROPEAN UNION’S COUNTER-TERRORISM ACTIVITIES

2021 ◽  
Author(s):  
E.V. Alferova ◽  
T.V. Zakharov
Keyword(s):  
Legal Framework ◽  
Terrorist Attacks ◽  
The European Union ◽  
International Treaties ◽  
Council Of Europe ◽  
Conflict Zones ◽  
Counter Terrorism ◽  
Eu Member States ◽  
Regional Strategies ◽  
The Eu

In recent years, European states have been repeatedly subjected to deadly terrorist attacks. The threat faced by EU Member States is multifaceted: from the return of foreign terrorist fighters from conflict zones to the extremist activities of homegrown terrorists and «lone wolves». In order to prevent terrorist attacks and combat terrorism, EU authorities and national states develop counter-terrorism policies and legislation. Based on the long-term activities of the UN in this area and on its own experience, the European Union adopts a large number of political and regulatory legal documents. The EU’s anti-terrorism policy and legislation are becoming more effective and realistic year after year, and intergovernmental cooperation mechanisms are being developed in the form of international treaties or politically binding recommendations and guidelines. In recent years, a number of new legal and other standards have been developed, which, together with existing international and regional strategies, conventions, recommendations and agreements, form the basis for current and future work in the field of combating terrorism and preventing radicalization and extremism leading to terrorism. The article examines some key documents of the EU and the Council of Europe adopted after September 11, 2001, including the EU Counter-Terrorism Strategy of 2005, updated in 2016, as well as new directions and measures to combat terrorism in the last three years (2018-2020). Based on the legal databases of the Council of the EU, the European Commission, the European Parliament, and the Council of Europe, a quantitative sample and an approximate count of anti-terrorist and related regulatory legal and individual acts adopted in 2018-2020 were made. The proposals of scientists and experts, including those expressed at the forums of international organizations, on improving the EU Counter-Terrorism Strategy are summarized.

The Rights of Turkish Immigrants in the European Union

1998 ◽  
Vol 5 (4) ◽  
pp. 369-432 ◽  
Author(s):  
Keyword(s):  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
Turkish Migrants ◽  
Legal Frameworks ◽  
Domestic Law ◽  
The Eu

AbstractThe main purpose of this article is to provide a framework of international legal conventions which may amount to an 'umbrella regime' for EU member states as regards their treatment of Turkish migrants, thus supplementing the protection already available in domestic law. To this end, the study pulls together analyses of relevant parts of international and supra-national law within the context of Turkish migrants in Europe which are applicable in protecting the rights of immigrants. In particular, the Ankara Association Agreement of 1963 and its components have put Turkish migrants in a more favourable position than most of the other non-EU migrants, hence creating a sort of 'intermediate' regime for them. The study has confirmed that the developments under the EU law have remained and will remain the main source of progress as far as the rights of Turkish migrants are concerned. Nevertheless, it also draws attention to a significant counter effect of such positive developments; that is, the danger of unwillingness on the part of the EU member states to enlarge the scope of the rights granted to Turkish immigrants under the above-mentioned legal frameworks.

scholarly journals Considerations on the Infringement Procedure against Romania

2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Good Practice ◽  
Legal Framework ◽  
Comparative Methods ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Relevant Case ◽  
The Eu

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.

scholarly journals European law, national law and (un)certainty of law

2020 ◽  
Vol 2 (2) ◽  
pp. 155-177
Author(s):  
Gian Benacchio
Keyword(s):  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Binding Effect ◽  
Eu Member States ◽  
National Courts ◽  
Fundamental Values ◽  
Radical Shift ◽  
The Eu

One of the fundamental values of any legal system is the principle of certainty of law, whose highest expression is its encoding in the various bodies of law. However, today this value is strongly, albeit inadvertently, called into question by the European Union - in particular, by a set of principles, and related mechanisms, designed to ensure uniformity of law across the EU Member States. These include the principle of primacy of EU law over the laws of its Member States, the principle of the disapplication of national laws that are incompatible with EU law (including the provisions of directives that have not yet been implemented, or that have implemented in a manner deemed incorrect), the principle of interpretation of national law in conformity with EU law and, above all, the conclusive and binding effect of the judgments of the EU Court of Justice even when they provide a 'unique' or unusual interpretation, not expressly provided for in EU law. These principles are now well-established benchmarks in supreme and national courts as well, to the extent that there has been a radical shift in the system and hierarchy of sources of law in each legal system of the EU Member States, at the expense of citizens, businesspeople and legal practitioners, who all find it hard to identify the exact rule to apply to specific cases.

The Day After: Alternatives to Intra-EU BITs

2016 ◽  
Vol 17 (6) ◽  
pp. 984-1014
Author(s):  
Teis Tonsgaard Andersen ◽  
Steffen Hindelang
Keyword(s):  
Safety Net ◽  
Eu Law ◽  
The European Union ◽  
Legal Practice ◽  
Member States ◽  
Foreign Investors ◽  
Eu Member States ◽  
Domestic Courts ◽  
Multi Level ◽  
The Eu

Intra-EU bilateral investment treaties (BITs) are the dinosaurs in the multi-level legal system of the European Union (EU). They sit uneasily with EU law, yet they provide an important tool for foreign investors to manage political risk in some EU Member States. This paper suggests, that alternatives to intra-EU BITs should best be developed from existing functional equivalents in EU law, ie substantive standards of protection in EU law should be made more transparent by the way of a ‘restatement’ of the pertinent legal practice. On principle, foreign investors should make use of functioning domestic courts. Where such institutions lack quality, the EU and the EU Member States should work towards their improvement. Meanwhile, a ‘safety net’ should be provided for foreign investors in case domestic courts fail to dispense justice. This ‘safety net’ may take the form of a PCA-administered arbitral forum or that of a ‘Unified Investment Court’.

scholarly journals Foreign direct investments screening in EU law at the time of the crisis caused by the pandemic

2021 ◽  
pp. 361-374
Author(s):  
Mirjana Radović
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Foreign Direct Investments ◽  
Eu Law ◽  
The European Union ◽  
Current Crisis ◽  
Member States ◽  
Minimum Standards ◽  
And Control ◽  
The Eu

The European Union is generally open to inward foreign direct investments (FDI). However, over recent years there is a rising trend in screening of inward FDI from third countries in the Member States. As a result, the Regulation (EU) 2019/452 on screening of foreign direct investments was enacted. In this paper the author, firstly, explains the reasons for a change in treatment of inward FDI from third countries within the Member States and the EU itself. The second part of the paper contains an analysis of the legal framework for FDI in the EU, in order to determine the possibility of their restrictions through national legislations. Special attention is given to the FDI-Screening Regulation and its minimum standards for national screening mechanisms. Finally, the author examines how the COVID-19 pandemic affects the treatment of FDI in the EU and concludes that the current crisis has contributed to further expanding the scope and importance of their screening and control.

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