european union law
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2022 ◽  
Author(s):  
Constantin Jungclaus

The thesis examines the question of which of the compared sales law systems is most likely to realize the (economic) interests of the seller in connection with the consumer’s claim for specific performance, which is characterized by a high level of consumer protection. In this respect, the thesis examines 7 different complexes - from the position of specific performance in the system of purchase warranty rights to the scope of specific performance owed and the objection of disproportionality. Dogmatic focal points are, for example, the problem of self-execution in the light of European Union law and the allocation of certain damage items to specific performance or to damage claims in the light of the case law of the European Court of Justice.


2021 ◽  
Vol 57 ◽  
pp. 1-1
Author(s):  
Monika Jurčová ◽  
Peter Varga

Purpose. The purpose of the article is to assess the conformity of the Slovak solutions with regard to refunds for cancelled travels and their conformity with EU law, i.e. the Package Travel Directive. In the article, the position is analysed of the European Commission and its reflection to Slovak legislation on refunds of travels after cancellation of the breach concerning travels by the travel agencies. Method. Legal analyses regarding the Slovak amendment of Package Travel Act and comparison of its provisions with the Package Travel Directive. Findings. In the article, the way is described as to how the Slovak legislator solved the reimbursement for cancelled travels due to pandemic situation. Also provided is the statement regarding the reasoned opinion of the European Commission that followed the adoption of the amendment of the Slovak Package Travel Act. The authors analyse compatibility of the COVID PTA Amendment with European Union law. In the article, it is described that due to time constraints set by the COVID PTA Amendment for refund because of cancelled travels, non-compliance with EU legislation had probably expired by September 2021. Research and conclusions limitations. The research was focused on EU (Package Travel Directive) and Slovak legislation (Package Travel Act) and assessment of compliance of Slovak with EU law. Practical implications. The article draws attention to the question whether some effects of the COVID PTA Amendment will persist after September 2021 provided that the topical purpose of this legislation to postpone refund for travellers has already been accomplished by setting the deadline for 14 September 2021. Secondly, it raises the question of possible damage suffered by the individuals due to the breach of EU law by the Slovak Republic. Originality. As the article is focused on the most current situation, this topic has not been discussed by other authors in other studies. The authors assume a view that makes assessment regarding legality of the Slovak amendment for Package Travel Act with EU law. Type of paper. Research paper.


Author(s):  
Marina Okladnaya ◽  
Ivan Yakovyuk ◽  
Victoria Dyadyk

Problem setting. Today the European Union interacts with the whole world and represents the interests and values of the European community far beyond one continent. Carrying out such activities provides for the existence of effective institutions for its implementation, which today are the European External Action Service and the European Uniondelegations around the world. It significantly differs from the classical manifestations of diplomacy, which determines the relevance of research into the establishment and development of the European Union diplomatic service. Moreover, understanding the process of formation and features of European Union diplomacy is interesting for domestic researchers of European Union law given the pro-European aspirations of Ukraine. Analysis of recent researches and publications. Certain aspects of this topic have been studied by suchdomesticscientistsas F. Baranovsky, M. Hnatyuk, O. Grinenko, O. Gladenko, M. Entin, O. Opanasyuk-Radlinska, E. Ryaboshtan, D. Tkachenko, O. Turchenko, Y.Sergienko, V. Streltsova, G. Utko, O. Fisun, V. Tsivaty, V. Shamraeva, O. Shapovalova, etc. Target of research is to research the basic preconditions and features of the establishment and development of the European Union diplomatic service and its functioning in today’s conditions. Article’s main body. The article is devoted to the study of the main prerequisites and features of the establishment and development of the diplomatic service of the European Union. The authors paid attention to the coverage of the status, competence and procedure for sending the first representations of the Communities abroad, in particular the delegations of the European Commission. The changes made by the Maastricht, Amsterdam and Lisbon treaties on foreign policy are analyzed as well. All the reforms implemented by these treaties were aimed primarily at making the European Union more effective and coordinated in the international arena, and finally resolved the issue of the institutionalization of the body that deals with the European Union diplomatic service. So now it has the status of the European External Action Service and successfully performs its functions in the current conditions. Conclusions and prospects for the development. The modern European Union diplomatic service is the result of a long process of formalization and institutionalization of a whole set of its foreign policy bodies. The development of the European Union representation system shows that the spread of its representative activities has become global, as well as the dynamic transformation of the content of its goals to interact with the world in order to implement its foreign policy. However, despite the current and rapid dynamics of development and evolution of this institution, the question remains whether the European External Action Service is the final option for the external design of the European Union diplomatic service, or whether it will be another step in the process of building pan-European diplomacy.


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 225-245
Author(s):  
Andrzej Świątkowski

The author analyzes the Directive 2019/1937 promoting the idea of cooperation between employees and public authorities regarding information on abuses of European Union law and policy. It outlines the purpose (to improve enforcement and EU policies), methods and techniques for this cooperation (internal and external reporting and follow-up). It discusses the immunity and legal protection (prohibition against retaliation) granted to persons who report a breach of EU law and policy. The author believes that due to historical events, the employed persons, potential whistleblowers, may be critical of the above idea. According to the author, the success of the existing directive depends on its effects, which will be known only in five years.


Author(s):  
Olha Y. Kravchuk ◽  
Volodymyr I. Zabolotnyuk ◽  
Yuliia V. Kobets ◽  
Oksana I. Lypchuk ◽  
Ivanna I. Lomaka

The article examines the impact of the coalition approach in US policy on integration processes in Europe in the post-bipolar era. The aim of this article was to identify the peculiarities of the political situation in the world after a period of escalation of the nuclear conflict. It involved an analysis of sources in the field of coalition approach research in the United States, as well as a comparison of its impact on the political situation and European Union law. The author concluded that there is a lack of proper research in the field of the impact of the coalition approach in US policy in the post-bipolar era, and its impact on integration processes in Europe. Comparing the experience of the EU and the US, it was determined that the awareness of nuclear danger affected the development of a coalition approach in US policy. The study resulted in the identified specifics of the EU’s security policy under the influence of the US coalition approach, where the need to ensure stability and armed security is crucial. Prospects for further research include identifying US influence on Eastern countries.


2021 ◽  
Vol 16 (40) ◽  
pp. 275-305
Author(s):  
Pavelas Ravlusevicius

The article examines the legal problems associated with the return of cultural objects in International, European Union, and Lithuanian Laws, as well as the extraterritorial application of mandatory norms. Particular importance is given to the influence of the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and the Directive 2014/60/EC on the return of cultural objects unlawfully removed from the territory of a Member State. Attention is paid to the correlation of civil law doctrines with the protection of the owner’s rights and the bona fide purchaser of a cultural object on the one hand, and International and European Laws about the return to the owner and compensation to the owner of a cultural object on the other hand, because Lithuanian legislation and case law do not apply the vindication doctrine to protect owner’s rights of cultural objects and thus differs from the traditional approach to solving the problems of returning cultural objects within the civil law framework. The article deals with the related problems of recognition of the owner’s rights and changes in the evidence presumptions. The issue of restoring the owner’s rights to illegally confiscated cultural objects during the existence of the USSR was decided in the practice of the Constitutional Court of the Republic of Lithuania. Courts of general jurisdiction considered claims for the return of cultural objects belonging to foreign entities - the Federal Republic of Germany and the Prussian Cultural Heritage Foundation. Particular importance was the question of the application of International and European Laws in judicial practice. According to the results of the study of the practice of the Republic of Lithuania, it is proposed to regard the return of cultural objects as an independent way of protecting the owner’s rights, which makes secondary the bona fide purchaser doctrine in relation of a cultural object.


2021 ◽  
Vol 27 ◽  
pp. 297-312
Author(s):  
Krzysztof Lasiński-Sulecki

Indirect taxes are shaped in such a way that the final customers bear their economic burden.  The scope of taxation is usually delineated to cover all goods (and services) reaching the afore-mentioned final consumers. One may assume that the aim of a lawmaker is that goods (or services) supplied to the consumers should not remain untaxed. However, the intensity of pursuing this aim differs between VAT, excise duties, and customs duties. A scientific question that the rules outlined above bring about is whether it is acceptable – under the general principles of the European Union law perceived through a number of tax (customs) cases – to impose duties on a person or to deprive a taxpayer of rights owing to tax-relevant facts that have been entirely out of the control of this person or this taxpayer (customs debtor). Although the position of the Court of Justice towards this issue is not homogenous, the author of this article claims that situations that are wholly beyond the scope of control of a diligent person should not affect the tax (customs) situation to the detriment of such a person.


2021 ◽  
Vol 2021 (3) ◽  
pp. 37-61
Author(s):  
Andrei ZARAFIU ◽  
Giulia ȘOLOGON

"On October 21, 2021, the European Court of Justice ruled in ZX and Spetsializirana prokuratura (Specialized Prosecutor's Office, Bulgaria), application no. C ‑ 282/20, by which it established art. 6 para. (3) of Directive 2012/13 / EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings and the Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as precluding national legislation which does not provide, after closing the preliminary hearing, for a procedure remedy for the ambiguities and gaps in the content of the indictment, irregularities, which affect the right of the accused person to be provided with detailed information on the indictment. This specific article analyzes the meaningful purpose of the judgment in ZX and the procedural remedies regulated in the Romanian Code of Criminal Procedure applicable to changes in the factual and legal elements of the indictment. In applying the jurisprudence of the ECJ, art. 6 para. (3) of Directive 2012/13 and art. 47 The EU CDF requires Member States to regulate legislation that allows for the legal recourse in court of any ambiguities and gaps in the content of the indictment that affect the right of the accused person to be provided with detailed information on the accusation. At the same time, national law must be interpreted in accordance with European Union law, in the sense that the judge must resort to all procedural means regulated by law in order to ensure that the defendant receives detailed information on the factual and legal grounds of the accusation and may apply properly for the right of defense. Only if national law entails impediments in the activity of the judge to provide such information or to remove any ambiguities and gaps in the indictment, which may compromise the defendant's right to understand the essential elements of the prosecution, he may ensure that the defendant receives the right information on the factual and legal basis of the charge necessary to formulate the defense. In the current regulatory framework, the absence of express provisions to establish on the procedural level a way to remedy the irregularities of the indictment conceives the premise of adopting solutions exclusively in court, without having a normative basis. In the doctrine, two remedies were outlined, the first involving a directly intervention of the prosecutor on procedural acts, which helps in enforcing the order of the judge of the preliminary hearing or the court of physical exclusion of illegal or unfair evidence, without operating a disinvestment of the court. The second remedy involves a restitution of the case either to the prosecutor's office or even to the prosecutor, according to the distinctions evoked during the present study. But where should the restitution be ordered? At the prosecutor's office or at the prosecutor? The nuance is important because it implies differences in the procedural mechanism by which the resumption of criminal prosecution is carried out in the current criminal procedural system. Finally, we consider that remedying the irregularity of the indictment by restituting the case and reactivating the judicial function of criminal prosecution is preferable to the direct intervention of the prosecutor in the trial phase, the representative of the Public Ministry having the possibility to maintain the possibility to redo the procedural documents and to issue a new regulatory indictment. For the arguments extensively developed in this study, the court's order should be a return to the case to the prosecutor and not to the prosecutor's office, as the procedural filter of restitution to the prosecutor's office involves the exclusive power of the chief prosecutor to assess the extent to which it is necessary to resume the criminal investigation (according to the provisions of art. 334 CPC) is, in this case, superfluous. Being given the nature of the incidents that makes impossible for the trial to, in the cases discussed in this article, the direct application of the jurisprudence of the ECJ should lead to a mandatory resumption of the criminal prosecution limited to the need to replace compromised acts that successively set up criminal charges. In conclusion, we note that the remedies proposed by the ECJ judgment in ZX should only operate in the limited context capable of justifying their existence. These should not become mechanisms for circumventing a procedural obligation of the court to resolve the case. Thus, we reiterate that if certain incidents arising during the trial, such as the change of the legal classification of the deed or the exclusion of decisive evidence, do not concern the external aspect of the accusation, but represent internal shortcomings closely related to its validity, the court is obliged to fully perform its function activated by notification and investment, following to rule on an acquittal, as the evidence in the accusation does not meet the minimum standard necessary to engage in criminal liability provided by art. 103 para. (2) CPC, beyond any reasonable doubt. Under these conditions, the remedies presented, regardless of the order of preference established by the interpreter, become incidental insofar as there are ambiguities in the accusation that could impede the proper exercise of the judicial function, not when the accusation is not supported by evidence, capable of proving beyond any reasonable doubt the guilt of the defendant."


2021 ◽  
pp. 1-8

Összefoglalás. A szabad mozgás és tartózkodás joga az uniós polgárság alapintézményének egyik leglényegesebb eleme. A 2020-ban kirobbant koronavírus világjárvány következtében az Európai Unió tagállamai az Európai Unió történetében először kénytelenek voltak radikális, korábban nem alkalmazott eszközökkel korlátozni a szabad mozgás és tartózkodás jogát annak érdekében, hogy megakadályozzák a vírus terjedését. A tanulmány keretében a COVID–19 világjárvány miatt bevezetett korlátozások alapulvételével annak vizsgálatára kerül sor, hogy a szabad mozgás joga közegészségügyi okból történő korlátozása milyen sajátosságokkal bír más, az Európai Unió alapszerződéseiben ugyancsak nevesített kivételekhez (közrend, közbiztonság) képest. A tanulmány ugyancsak vizsgálja azt a kérdést, hogy az Európai Unió által kibocsátott digitális zöldútlevél (vakcinaigazolvány) a Sinopharm és Szputynik-V vakcinával beoltott uniós polgárok számára is biztosítandó-e az uniós jog rendelkezései alapján. Summary. The right of free movement of EU citizens is the cornerstone of Union citizenship. To control the spread of coronavirus (COVID-19) and to protect the health and well-being of all Europeans, Member States gave a surprisingly quick response, taking unilateral restrictive measures affecting the operation of the internal market in an unprecedented way. On the one hand they have implemented serious travel restrictions at internal borders of the EU. On the other hand, several States have coupled travel bans/restrictions with a temporary reintroduction of border controls at their borders with other Members of the Schengen Area. During the first wave of the pandemic, altogether 17 Schengen States sent notifications regarding the reintroduction of border controls, which is particularly disheartening given that the lifting of EU internal border controls in the Schengen Area is one of the integration’s greatest achievements. There is no doubt that the Member States’ restrictions on free movement detailed in the paper are well-founded from the point of view of both public international law and European law. As to how they should be put into practice: that is another issue. Still, it is the preferential role of free movement as a part of integration that requires a deeper examination of controversial measures to ascertain whether these are in compliance with EU legal principles. Among the elements to be reviewed are proportionality and the prohibition on discrimination. It is beyond doubt that COVID-19 can definitely be regarded as a ‘disease with epidemic potential’ that can justify restrictions on free movement. However, the question arises whether Article 29 TFEU provides for the introduction of public health restrictions with general effect. In other words, does it allow for restrictions not based on individual assessment, as opposed to individual threats to public policy and public security? In answering the above question the paper puts a special emphasis on the delimitation of Member States’ public health and public policy/security justifications. At the time of writing (June 2021) several Member States have already started to issue EU Covid-19 passports. The article also seeks answer to the question whether the Digital Green Certificate could (or, at least, should) be provided for Union citizens vaccinated with Sinopharm or Sputnik-V (vaccines approved by Hungary as a Member State, under European Union law).


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