International legal experience in combating illegal migration by sea

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

The Development of the EU Non-Discrimination Regime

In Chapter 1 the development of the EU non-discrimination regime is introduced, first in terms of legal developments. It recapitulates the steps starting from the founding Treaties, which only dealt with discrimination on the grounds of nationality and gender, up until the Treaty of Amsterdam, introducing the competence for the discrimination grounds of racial or ethnic origin, religion or belief, age, disability, and sexual orientation, and the adoption of the two Directives which are the focus of the book: Directive 2000/43/EC and Directive 2000/78/EC. It also points at financial instruments and institutions set up in parallel to support the implementation of these Directives and the recent adoption of a series of Strategic Documents and Action Plans in the Commission’s attempts to achieve a Union of equality. The second sub-chapter then discusses the shift from non-discrimination to substantive equality on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) and closes with some considerations regarding the different levels of impact of EU anti-discrimination law in national constitutional systems.

2. The constitutional base of the Union

This chapter discusses the Treaties which together represent the primary law of the European Union; its constitutional base. These include the Single European Act 1986; the Treaty on European Union (the Maastricht Treaty) 1993; the Treaty of Amsterdam (signed June 1997, entered into force 1 May 1999); the Nice Treaty (adopted December 2001, entered into force 1 February 2003); and the Treaty of Lisbon (signed December 2007, entered into force 1 December 2009).

Understanding Hazardous Waste Exports for Disposal in Europe: A Contribution to Sustainable Development

The concept of sustainable development was introduced in Europe by the Treaty of Amsterdam (1997) and was extended to waste management in the Waste Framework Directive. In order to achieve sustainable development, hazardous waste (HW) must be managed safely and in accordance with regulations. This also applies to worldwide HW transport, especially when HW is shipped for disposal. The United Nations, through the Basel Convention, aims to prevent the export of HW from developed countries to developing countries for disposal. In Europe, HW shipments are regulated by Regulation (EC) No. 1013/2006 of the European Parliament and by the Council of 14 June 2006 on shipments of waste. Additionally, all HW shipments must be in accordance with two principles contained in the Waste Framework Directive: proximity and self-sufficiency. Using data from 2014 and network analysis methodology, this paper fills the gaps in the scientific literature by looking at how shipments of HW travel for disposal in Europe, how the regulations affect these shipments and how GDP per capita influences the shipment of waste. The results show that countries with a high GDP per capita play an important role in the network (having the highest in-degree) and that the absence of landfill taxes for HW does not influence HW shipments for disposal. Therefore, countries in the EU act in accordance with the proximity and self-sufficiency principles.

Migrant Integration and the Role of the EU

This chapter first takes a look at the drivers that led to an EU framework for the integration of legally residing TCNs. It then traces the development of the most important instruments from the Treaty of Amsterdam to the Juncker Commission (2014–2019), which declared migration management and the need for effective migrant integration policies as being among the top political priorities for the EU (Juncker 2014; COM(2015) 240). It examines the Union’s legislative framework in the field of migration, as well as its wider toolbox elaborated to contribute to immigrant integration. The chapter concludes with a discussion of some of the most important challenges that hinder fair and effective integration in the EU.

The European Union

The chapter analyses the development of the European Parliament (EP) since the European Coal and Steel Community (1952). Specifically, it includes the establishment of an international parliamentary institution (IPI) in 1952, the initial creation of legislative powers in the Single European Act (1986), the renegotiation of legislative powers ahead of the Treaty of Amsterdam (1997) and the extension and consolidation of legislative powers in the Treaty of Lisbon (2009). The EP is the earliest case of IPI establishment in the sample and the most successful case of IPI empowerment. Even though the effective conditions for IPI establishment and empowerment have varied over time, parliamentarization in the EU has generally resulted from strategic democratic legitimation in an IO characterized by a configuration of high and increasing authority, general purpose, and democratic membership.

Współpraca państw członkowskich UE w sprawach cywilnych w obszarze poszukiwania prawa właściwego zobowiązaniom pozaumownym w latach 1957–1997

Cooperation of EU member states in civil cases relating to the search for the applicable law for non-contractual obligations in 1957–1997 The article focuses on a historical overview of the evolution of cooperation on civil matters in the European Union. Given the fact that this cooperation has developed the best in international private law, the author presents its development, using as her example legislative work on the harmonisation of confl ict-of-law rules regarding tort, which in the end led to the adoption of the Rome II Regulation on the law applicable to non-contractual obligations. The article is divided into three parts corresponding to the stages in the development of cooperation between member states in civil matters — after the entry into force of the EEC Treaty, then after the entry into force of the Maastricht Treaty and fi nally the entry into force of the Treaty of Amsterdam. Die Zusammenarbeit der EU-Mitgliedstaaten betreff end Zivilsachen im Bereich der Feststellung des einschlägigen Rechtes für die außervertraglichen Verbindlichkeiten in den Jahren 1957–1997 In dem Beitrag wird vor dem historischen Hintergrund dargestellt, wie sich die Zusammenarbeit betreff end Zivilsachen in der Europäischen Union ausgestaltet hat. Angesichts der Tatsache, dass sich diese Zusammenarbeit am besten im Bereich des internationalen Privatrechtes entwickelte, wurde ihre Entwicklung am Bespiel der gesetzgeberischen Arbeiten präsentiert, die schließlich zur Annahme der Verordnung Rom II über das für die außervertraglichen Verbindlichkeiten einschlägige Recht geführt haben. Der Beitrag besteht aus drei Teilen, die den Entwicklungstappen der Zusammenarbeit der Mitgliedstaaten im Bereich der Zivilsachen entsprechen — nach dem Inkrafttreten des EWG-Vertrages, dann des Vertrages von Maastricht und schließlich nach dem Inkrafttreten des Vertrages von Amsterdam.

9. Maastricht and Amsterdam (the Late 1980s to the Late 1990s)

This chapter examines two important developments in the history of the European Union (EU): the signing of the Maastricht and Amsterdam Treaties. In June 1989, the European Council agreed to European Commission President Jacques Delors’s three-stage plan for monetary union by 1999, despite British opposition. In 1991, intergovernmental conferences (IGCs) were held on both monetary union and political union. The proposals of these IGCs were incorporated into the Treaty on European Union (TEU), agreed at Maastricht in December 1991. The TEU marked a major step on the road to European integration. It committed most of the member states to adopting a single currency and introduced the concept of European citizenship, among others. This chapter considers the events leading up to the signing of the TEU, from the Maastricht negotiations to the issue of enlargement, the 1996 IGC, and the Treaty of Amsterdam.

23. Freedom, Security, and Justice

This chapter examines the European Union’s (EU’s) policy activity in the area of freedom, security, and justice (AFSJ). Introduced mainly by the Maastricht Treaty of 1992, the AFSJ was initially given the name Justice and Home Affairs (JHA). The AFSJ was greatly enhanced by the Treaty of Lisbon and has matured over time, despite the controversy surrounding the way in which it strikes at national sovereignty. A key characteristic of JHA, later AFSJ, has been the use of differentiated integration. The chapter first provides a historical background on the AFSJ, focusing on the policy dynamics and JHA structures under the Treaty on European Union (TEU) as well as the reforms of the Treaty of Amsterdam. It then considers the AFSJ’s institutional character and policy content, before examining the refugee crisis. It concludes with an assessment of key explanations and debates relating to the AFSJ.