scholarly journals Harmonization of European legislation in the field of safety and health at work in the legal system of the Republic of North Macedonia

2021 ◽  
Vol 9 (2) ◽  
pp. 64-74
Author(s):  
Andon Majhoshev ◽  
Kristijan Jovanov
Keyword(s):  
Occupational Safety ◽  
National Level ◽  
Health And Safety ◽  
The European Union ◽  
Preventive Action ◽  
Republic Of Macedonia ◽  
Labor Legislation ◽  
Safety And Health ◽  
The Republic ◽  
The Right

Occupational safety and health is one of the most important international labor standards of ILO. This means that ILO member states should ensure encouraging and maintenance at the highest level of safe working conditions in order to avoid accidents and occupational diseases. Achieving this goal means that employers must make a continuous risk assessment at the workplace, and at the same time decide whether appropriate measures and activities are necessary in order to create the highest level of safety and health at work, i.e. to avoid side effects. In order to achieve this goal, a systematic approach is necessary in preventive action and connection of all entities that are bearers of certain obligations and activities at the national level, but also beyond the international institutions in this area. By application for membership of the Republic of Macedonia in the European Union on 22 of March 2004, the process of harmonization of the domestic with the European labor legislation begins, and thus inevitably harmonization of the domestic legislation for safety and health at work with the European. Thereby, this process takes place pursuant to article 32 of the Constitution of the Republic of Macedonia, according to which the protection of workers is of primary importance, i.e. health and safety at work is a constitutional-legal category and every individual has the right to work, free choice of employment and work protection. In the harmonization process the basic concept is the Framework Directive 389/391/EES for safety and health at work, according to which the national legislation on safety and health at work should be harmonized exactly according to the principles of this directive.

scholarly journals Occupational health and safety specialist in Croatian and Portuguese legislation

2020 ◽  
Vol 8 (1) ◽  
pp. 375-391
Author(s):  
Domagoj Šantek ◽  
Sandra Debeljak ◽  
Rui Isidoro
Keyword(s):  
Occupational Health ◽  
Occupational Safety ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Safety And Health ◽  
The Republic

The domain of occupational safety and health at work is put for regulation through directives by founding agreements. This means that the institutions of the European Union prescribe minimum standards of safety and health at work through directives and Member States need to accomplish goals that a particular directive pursues. At the same time, this means that each Member State can also set stricter standards than the ones prescribed through directives and for this reason some differences in regulations of individual Member States can be noticed. In this paper, authors focus on the role of occupational safety specialist and the manner in which the Republic of Croatia and the Portuguese Republic, in their legislation, prescribe obligations of the employer in terms of contracting the performance of occupational health and safety tasks with an occupational safety specialist or an external service. Authors furthermore examine required conditions which occupational safety specialist must meet to perform those tasks. Apart from outlining the Croatian and Portuguese legislation, authors also present and define fundamental similarities and differences in the regulations within this domain of security legislation.

scholarly journals Free legal aid in the context of the right of access to court

2020 ◽  
Vol 59 (89) ◽  
pp. 65-82
Author(s):  
Dušica Palačković ◽  
Jelena Čanović
Keyword(s):  
Human Rights ◽  
National Level ◽  
European Convention ◽  
Quality Level ◽  
The European Union ◽  
Legal Aid ◽  
European Court ◽  
The Republic ◽  
The Right ◽  
Right Of Access

The Constitution of the Republic of Serbia explicitly regulates that free legal aid shall be stipulated by the law. In a series of reports on the progress of the Republic of Serbia in the process of joining the EU, there are warnings about the unacceptably low quality level and efficiency of the judiciary, and indications that there is a need to regulate the legal aid system. Finally, this matter was regulated by enacting the Legal Aid Act of the Republic of Serbia, which came into force on 1st October 2019. In addition to the conceptual definition of legal aid, the paper analyzes the right of access to court as a constituent element of the right to a fair trial prescribed in Article 6 of the European Convention on Human Rights, which entails the right to legal aid. The regulation of legal aid at the national level has to meet the standards formulated at the European Union level as well as the standards formulated through the practice of the European Court of Human Rights. In that context, the paper analyzes the regulations and decisions, i.e. the widely recognized and accepted standards. The Legal Aid Act of the Republic of Serbia has been analyzed in the context of meeting these standards, especially in relation to the conditions for granting the right to legal aid and the circle of beneficiaries and providers of certain types of legal aid.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

How and how well do workplace assessments work? Using contextual variations in a theory-based evaluation with a large N

Evaluation ◽  
2021 ◽  
pp. 135638902098046
Author(s):  
Peter Dahler-Larsen ◽  
Anna Sundby ◽  
Adiilah Boodhoo
Keyword(s):  
Occupational Safety ◽  
Health And Safety ◽  
Control Group ◽  
The European Union ◽  
The Public ◽  
Work Related ◽  
Regulatory Policies ◽  
Safety Risks ◽  
Large N ◽  
Safety And Health

What can be said about effect of an intervention without a control group? The lack of evaluative evidence is a long-standing problem for regulatory policies against work-related health and safety risks. The European Union Occupational Safety and Health Framework has been in operation for three decades and covers more than 200 million workers, but the most recent evaluation was inconclusive about the benefits generated by this framework. A theory-based evaluation focusing on mechanisms in combination with a design capturing within-intervention variations offers a way forward. The idea is to measure the prevalence of most likely mechanisms and their correlation with outcomes. This approach is illustrated in a large- N evaluation of the use of workplace assessments in the public sector in Denmark. The strengths and weakness of the workplace assessment legislation are assessed. It is shown how findings based on the presented approach contribute to the public debate about workplace assessments.

REGIONAL POLICY IN REPUBLIC OF MACEDONIA IN CONTEXT OF EU INTEGRATION POLICIES

2018 ◽  
Vol 28 (1) ◽  
pp. 323-328
Author(s):  
Marija Karaeva ◽  
Savo Ashtalkoski ◽  
Slavcho Chungurski
Keyword(s):  
Regional Policy ◽  
State Of The Art ◽  
Legal Framework ◽  
Short Description ◽  
The European Union ◽  
Republic Of Macedonia ◽  
Eu Integration ◽  
Integration Policies ◽  
The Republic ◽  
The Right

As one of the priorities of the European Union, regional policy provides a platform for the regions to be proactive in realizing the benefits of integration and due to the additional fact that Republic of Macedonia aims towards EU integration, the goal of this paper is to provide an answer of the question, whether regional policy in Republic of Macedonia is on the right track and if there is a need for certain interventions and changes in the existing legal framework. Within the frame of this paper the problems in the field of regional development the Republic of Macedonia which are the basis for the establishment of regional policy, will be discussed. After short description of the state of the art of the regional policy in Republic of Macedonia, special attention in the paper will be given to the sources of financing of the regional policy in RM. At the end the focus will be put possible software solution for improving the coordination between regional policy with other sectorial policies.

Occupational Safety and Health Risk Assessment in Engineered Nanoparticles Manufacturing Processes

2017 ◽  
Vol 887 ◽  
pp. 65-73
Author(s):  
George Bălan ◽  
Roland Iosif Moraru ◽  
Lorena Bălan
Keyword(s):  
Risk Assessment ◽  
Occupational Safety ◽  
Materials Science ◽  
Health And Safety ◽  
Engineered Nanoparticles ◽  
Manufacturing Processes ◽  
The European Union ◽  
Ethical Challenges ◽  
Safety Regulations ◽  
Safety And Health

The engineered nanoparticles are more and more entering in Romanian working places, both in research laboratories and in manufacturing processes. Ever increasingly numerous evidence shows that this materials science revolution can generate significant health, safety and environmental hazards, in addition to the social, economic and ethical challenges involvedBased on the precautionary principle recommended be the European Union and a thorough literature review, this research is intended to introduce a framework for further development of an Occupational Health and Safety risk management foundation in this field of concern. Starting from a systematic approach in terms of occupational exposure, the paper emphasizes certain feasible means aimed at nanoparticle’s risk assessment, particularly in a qualitative manner. Recommendations are provided for the industry in order to meet the safety regulations, which in turn should be adapted to the findings of researches, considering that we are facing emerging risks whose nature is often unknown.

scholarly journals A comparison study of the Romanian occupational safety and health strategy with other European countries’ strategy

2019 ◽  
Vol 290 ◽  
pp. 12021
Author(s):  
Nicoleta Paula NEAG
Keyword(s):  
Occupational Safety ◽  
Health And Safety ◽  
Occupational Safety And Health ◽  
The Other ◽  
Research Approach ◽  
Comparison Study ◽  
The European Union ◽  
Safety And Health ◽  
Health Strategy ◽  
Made In

The European Union Strategic Framework on Occupational Health and Safety at Work 2014 – 2020 has pushed the Member States to review their national strategies. Thus, national strategies have customized, the European vision to the national culture and specifics, considering the European framework that acts as a common guide and reference. The 2018 Report on occupational safety and health strategies in Europe, do not include the Romanian strategy. Based on the national strategy last version (2018), the paper will present and debate a comparative analysis between the Romanian OHS strategy and the other Member State strategy. This research approach is meant to identify, and underline Romania’s efforts made in the field of OHS, but also the gaps and missing aspects of the related strategy in comparison with the other countries.

scholarly journals Testing for drug and alcohol abuse at the workplace

2009 ◽  
Vol 55 ◽  
pp. 75-78
Author(s):  
Zoran Kavrakovski ◽  
Katerina Jugreva ◽  
Biljana Bauer – Petrovska
Keyword(s):  
Risk Factors ◽  
Alcohol Abuse ◽  
Occupational Safety ◽  
Health And Safety ◽  
Working Hours ◽  
Legal Framework ◽  
Working Environment ◽  
Republic Of Macedonia ◽  
The Republic ◽  
Drug And Alcohol

Drug and alcohol abuse in the workplace represents a great risk to employee’s health and safety. More than 50% of the employees worldwide are related to easily accessible drug abuse, while 70% of the employees are related to alcohol abuse in the workplace. Tests for detecting drug and alcohol abuse in the workplace should be part of a new regulation, compulsory for all employees in the Republic of Macedonia. Implementing this sort of testing program should at the same time be a step towards devising particular solutions that shall bring about greater safety in the working environment. A key element in the implementation is to devise and establish an adequate policy that shall determine the risk factors within a working establishment which shall clearly express its position regarding drug and alcohol abuse during working hours. Along with the risk factors, the policy may also include the program for testing both, employees and the ones who are about to be employed, for drug and alcohol abuse. In order to implement this sort of test, it must be in accordance with the Occupational Safety and Health Act (Official gazette of the Republic of Macedonia, No 92/07, 2007) and a legal framework has to be defined, that shall regulate and solve numerous aspects of this issue, in order to fully implement the program for drug free working environment pursuant to the Declaration and the decrees of the United Nations General Assembly in 1998.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

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