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External Relations Law of the European Union

External Relations Law of the European Union

Author(s): Zuzana Trávníčková / Language(s): English / Issue: 21/2003

Pavel Svoboda: Právo vnejších vztahu Evropské Unie. Praha: Linde 1999, 266 pages. ISBN: 80-7201-192-8. "The Law of External Relations (ER) of the European Union (EU) represents at many European universities a subject of self-contained academic courses. The field in the Czech Republic follows the European one and students are nowadays offered specialised lectures on the EU External Relations at public, as well as private universities. ..."

THE PRINCIPLES OF THE EUROPEAN PUBLIC SERVICES’ LAW

THE PRINCIPLES OF THE EUROPEAN PUBLIC SERVICES’ LAW

Author(s): Mihaela Tofan,Ana Maria Bercu / Language(s): English / Issue: 2/2009

Keywords: community law; public service; regulation; legal framework; democracy; law principle

European civil service law has emerged as an independent law branch relatively recently. At the EU level there were three categories of rules that regulate the public employees’ activity, according to the treaty type that established one of the top three communities (ECSC, EEC, EURATOM). Following legislative changes that occurred in 1968, it was made a unification of these provisions, resulting in a common law text for all the officials, known as The Status. Statutory provisions within the field recognize the law principles common to the entire Community law, such as the principle of subsidiarity, but also a number of new principles, based on this area of research, such as officials business efficiency principle, function stability principle, etc.. Romanian legislation, although relatively new comparing the laws of other states, has taken over many of these principles, being aligned with union provisions in this field.

THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

Author(s): Lamya-Diana Al-Kawadri / Language(s): English / Issue: 1/2014

This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court of Justice of the European Union offer an indirect definition of criminal offence through its penalty. Thus, a certain behavior, if sanctioned in a procedure that could be labeled as ‘criminal procedure’, is necessarily a criminal offence.

FOOD SAFETY ISSUES IN EUROPEAN LAW

FOOD SAFETY ISSUES IN EUROPEAN LAW

Author(s): Sandu Mariana / Language(s): English / Issue: 3 (28)/2015

Keywords: food safety, legislative documents, regulations, food chain, traceability systems

In recent years there has been an awareness of a significant number of consumers regarding food safety problem, they becoming increasingly more interested in not only the quality but also the origin of food products consumed. The issue of food security requires a comprehensive approach to the whole food chain, ie, production, processing, transport and distribution of food. Traditionally,the issues aiming food safety are analyzed at intermediate stages of the food chain and, to a lesser extent, in the initial stages or final. Certain diseases manifested in the livestock sector have shown the need to seek their causes in the origins of the food chain or in its early stages and eliminate any deficiencies or weaknesses in the circuit traveled by food products from farm to consumer. To protect the health of consumers are needed rules governing the general principles and requirements concerning the conditions of manufacture, and marketing of foodproducts. This paper aims to analyze how the existing legislation and traceability systems in the European Union guarantee food safety

The European Union and Sport: Law and Policy

The European Union and Sport: Law and Policy

Author(s): Robert C.R. Siekmann / Language(s): English / Issue: 6/2008

Keywords: Law; Policy; Sport; EU

Not everybody knows that the European Union has a fairly extensive record in the field of sport. Last year, the Asser Centre published a book containing some 900 pages of selected legal and policy documents (resolutions of the European Parliament, decisions of the Commission, memoranda, jurisprudence of the European Court of Justice, etc.) and another 900 pages were put on the Centre’s website. The EU has dealt with a wide range of subjects since the so-called Walrave case in 1974. These include doping and football hooliganism, themes which were initially the exclusive domain of the Council of Europe, the human rights organisation that today includes about 50 European countries.

ENVIRONMENT CRIMINAL LAW IN EUROPEAN UNION

ENVIRONMENT CRIMINAL LAW IN EUROPEAN UNION

Author(s): Luciana Boboc,Mihaela Aghenitei / Language(s): English / Issue: 1-2/2011

Keywords: Environment; “Criminal Law”; “European Union”; “Framework Decision”; Directive; “Community Law”

Environment crime is among the European Union’s central concerns. The Tampere European Council of 15 and 16 October 1999 at which a first work programme for the European Union action in the field of Justice and Home Affairs was adopted asked that efforts be made to adopt common definitions of offences and penalties focusing on a number of especially important sectors, amongst them environment crime. But despite this agreement about the importance of joint the European Union action, environmental criminal law has become the centre of a serious institutional fight between the European Commission, supported by the European Parliament on the one hand and the Council, supported by the great majority of the European Union member states on the other hand. The Framework Decision 2003/80/JHA on the protection of the environment through criminal law builds substantively on the structure of the Council of Europe Convention on the Protection of the Environment through Criminal Law. With one exception, offences are defined including the requirement of "unlawful" behavior, i.e. “infringing a law, an administrative regulation or a decision taken by a competent authority, including those giving effect to binding provisions of Community law aiming at the protection of the environment.” The Framework decisions obliges the European Union member states to establish jurisdiction whenever the offence was entirely or partly committed in their territory or on board of a ship or an aircraft registered in it or flying its flag and provides for further optional jurisdiction grounds. Because the fight between the European Commission and the Council about the possibility to include criminal-law related provisions in first pillar instruments, the Framework Decision 2003/80/JHA was not the appropriate legal instrument for provisions or environmental crime. This statement included significant changes for legislation. So, the European Parliament and the Council of European Union having regard to the Treaty establishing the European Community and in particular Article 175(1) thereof, and to the opinion of the European Economic and Social Committee often consulting the Committee of the Regions, acting in accordance with the procedure laid down in Article 251 ofthe Treaty have adopted the Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law, who obliges the European Union member states to provide for criminal penalties in their national legislation in respect of serious infringements of provisions of Community law on the protection of the environment.

Interpretation of European Union multilingual law

Interpretation of European Union multilingual law

Author(s): Tadas Klimas,Jurate Vaiciukaite / Language(s): English / Issue: 3/2005

Keywords: Interpretation; European Union; multilingual; law

The problem of multilingual European Union legal texts lies in the interpretation of the texts: they vary to some degree, and if so, how should their meaning be defined? ECJ rejects a monolingual or metalanguage approach of interpretation. The ECJ has adopted a multilingual doctrine of statutory interpretation, wherein the law of the European Union is interpreted not in accordance to any one of its textual manifestations, but in accordance with the legislative intent which generated the provision in question. This could be criticized as increasing legal uncertainty and indeterminacy. Nevertheless, we have also determined that the ECJ's multilingual approach is less radical than it may at first appear.

THE OPPORTUNITY OF A EUROPEAN ADMINISTRATIVE CONTRACT LAW

THE OPPORTUNITY OF A EUROPEAN ADMINISTRATIVE CONTRACT LAW

Author(s): Liana-Teodora Pascariu / Language(s): English / Issue: 1/2016

Keywords: the contract law; common rules; administrative contract law.

There was a tendency in the past few years, particularly in Europe, to harmonize and conceptualize in a common way the rules referring to the coming out, alteration, execution or termination of contracts, which could ultimately lead to the emergence of a new branch of European Union law, the contract law. This vision has gone from finding a number of three parameters , considered essential that determined the current evolution relating to contracts:• socio-economic development of society and its legal framework;• globalization, internationalization of judicial obligational relations;• structural change of regulating the juridical obligational contractual bindings.The issue here is to determine whether these European interests have any implication on the matter of administrative contracts, on the possibility of a European administrative contract law and whether specialists have only addressed the field of civil contracts.

The Right to Healthcare under European Law

The Right to Healthcare under European Law

Author(s): André den Exter / Language(s): English / Issue: 51/2017

Keywords: right to healthcare; human rights law; justiciability

Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of “shrouded vagueness”. Landmark cases have even provided a functional remedy to enforce individual healthcare claims successfully. This paper will examine the revised legal status and content of such a right to healthcare from a European perspective.

Adaptation of Law of Ukraine to the EU Law in the Context of European Traditions of Private Law

Adaptation of Law of Ukraine to the EU Law in the Context of European Traditions of Private Law

Author(s): Yevhen Kharytonov,Olena Kharytonova / Language(s): English / Issue: 1/2016

Keywords: European law; the EU law; the law of Ukraine; private law; adaptation; European Traditions; European civilization; European subcivilizations

The article considers the problem of adaptation of the law of Ukraine to EU privatelaw. It analyzes the concept of “European Law” and “EU law” as elements of Europeancivilization and their correlation is determined. On the basis of differentiation between the Western and the Eastern European civilizations a conclusion about the existenceof corresponding traditions of private law is made. The idea that the concept of privatelaw is grounded in western culture is based on the fact that there is a need for the adaptation of Ukrainian law to EU law. This approach is the basis for the conclusion that the success of the adaptation of the law of Ukraine to EU law depends primarily on the willingness of Ukrainian society to accept the fundamental values of Europeancivilization, such as liberalism, human rights, the right of private property, freedom of contract etc.

ORIGINS AND DEVELOPMENT OF EUROPEAN COMMERCIAL LAW

ORIGINS AND DEVELOPMENT OF EUROPEAN COMMERCIAL LAW

Author(s): Rafael Sánchez DOMINGO / Language(s): English / Issue: 1/2017

Keywords: commercial law; codification

One can speak of commercial law in those societies where there are rules to regulate commercial activity. From the twelfth century onwards, through the practice of concrete exchanges, Europe began to speak of a "commercial law" separate from the law that regulated other types of relations. Trade fairs and markets are held by merchants from many countries, and attention is paid not only to sales but also to other aspects such as finance, shipping insurance or transport. Already in the Modern Era, the opening to oceanic trade and the development of the technique and the affirmation of the centralized and interventionist states, will produce great innovations. Due to the impulses of the European codification activity, in Spain the Commercial Code of 1885 was approved, of objective scope when delimiting the commercial matter.

European Criminal Law Book Review

European Criminal Law Book Review

Author(s): Aurora Ciucă / Language(s): English / Issue: 2/2018

Our distinguished colleague, Professor Vasile Păvăleanu, who is the well-known author of the courses of General Criminal Law and Special Criminal Law [1], [2] and of the Handbook of Criminal Procedure Law [3], always concerned with the understanding and interpretation of what is new, generously offers us the volume European Criminal Law [4], a reference work in the field, the fruit of a long-lasting and appreciated activity.As we all know, international criminal law represents the materialization of the dream of a Romanian jurist, V.V. Pella, who dared, 100 years ago, to suggest to the academic community the re-establishment of the world on the basis of peace accomplished by law. Criminality, as a common enemy of the civilized states, he said, creates a sense of international solidarity that must be used in order to "unify the fundamental principles governing the practice of repression." The fight against criminality and impunity must be a common goal for all the states.

THE RULE OF LAW AND COURTS OF THE EUROPEAN UNION

THE RULE OF LAW AND COURTS OF THE EUROPEAN UNION

Author(s): Milan Rapajić / Language(s): English / Issue: 2/2019

Keywords: Rule of law; Court of Justice of the European Union; General Court; specialized courts; European Court of Auditors; independence of the judiciary

The work is divided into two logical and connected entities: the rule of law and the position of courts in the institutional framework of the European Union. Author presents definitions of the rule of law from Serbian and comparative theory of the state and law (philosophy of law, and constitutional and administrative law). As with the internal legal order, the importance of the independence of the judiciary as a cornerstone of the rule of law has also been pointed out in the European Union. At the end of the article, the author raises the question of how much the courts of the European Union contributed not only to the improvement of the rule of law at the Union level, but also to the construction of its entire legal order.

Problems of the environmental law of the European Union

Problems of the environmental law of the European Union

Author(s): Yevhenii Pankov,Olha Filipskykh,Dmitro Boichuk / Language(s): English / Issue: 155/2021

Keywords: Environmental security; Environmental policy; European Union; Environmental law;

The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.

Prevention of domestic violence, European standards and the law of the Republic of Serbia

Превенција насиља у породици, европски стандарди и право Републике Србије

Author(s): Dragan Jovašević / Language(s): Serbian / Issue: 59/2017

Keywords: European standards;Republic of Serbia;law;domestic violence;criminal offence;prevention

The Republic of Serbia has prescribed domestic violence as a separate criminal offence according to the adopted international standards, which are a part of numerous documents of universal and regional international organisations (Council of Europe, European Union), by adopting the new criminal regulation in 2005 and it’s updating in 2009 and 2016. This respectively means that the Republic of Serbia by providing criminal responsibility and punishing ability for the most severe forms of violence and a system of prevention measures among relatives, has approached in this way numerous other legal and social systems. The paper analyses the international standards of system prevention measures against domestic violence of the European regional organisations and their implementation in the criminal legislation of Serbia.

Intellectual property rights - European standards and the law of the Republic of Serbia

Права интелектуалне својине - европски стандарди и право Републике Србије

Author(s): Ana Jovašević / Language(s): Serbian / Issue: 42/2012

Keywords: European Union;directives;law;intellectual property;copyright;related rights;right of competition

In the last couple of years, within the European Union Law or the so – called “European Community law” several different documents have been adopted, establishing the system of European standards in the field of regulating and protecting intellectual property rights, as well as the right of competition, in order to prevent the collision between these two significant rights that represent preconditions for further technological progress of the European Union member states. These rights refer to various forms of material (tangible) and immaterial (intangible) creations that are placed under special legal protection, guaranteed not only for their authors (creators) but for other persons as well. The Republic of Serbia has recently adopted new legislation regulating the field of intellectual property rights, including: Law on Copyright and Related Rights, Law on Trademarks, Law on the protection of Topographies of Integrated Circuits and Law on the Legal Protection of Industrial Design. Hence, our country accepted numerous European standards from this field and implemented them in its national legal system, which actually represents the issue discussed in this paper.

European standards and informal measures in juvenile criminal law

Европски стандарди и неформалне мере у малолетничком кривичном праву

Author(s): Dragan Jovašević / Language(s): Serbian / Issue: 33-34/2010

Keywords: International standards;Council of Europe;law;juvenile;criminal act;informal measures;correction orders

The paper analyses the place, role and significance of international and European standards, this primarily including the implementation of informal measures in juvenile criminal law in the Republic of Serbia. Actually, following the tendencies in a number of international and European documents that have been adopted recently within and under the auspices of the Organization of United Nations (Convention of Rights of the Child) as well as other documents adopted by regional organisations (Council of Europe) in 2005 Serbia adopted a separate Law on Juvenile Offenders and Criminal Protection of Juveniles. In this way, this legal document has comprehensively defined the (material, procedural and executory) legal position of juveniles as offenders and as victims of criminal acts. With this aim our states has codified juvenile criminal law in a similar way as was done in the last few years by some other European states – France, Austria, Germany, Croatia, Macedonia, Bosnia and Herzegovina, etc. This paper presents the characteristics of correction orders as informal measures taken against juvenile offenders, their purpose as well as the conditions and ways they are implemented theoretically and practically.

Perspectives on Discrimination and the European Law Combating IT

Perspectives on Discrimination and the European Law Combating IT

Author(s): Oana Elena Gălăţeanu / Language(s): English / Issue: 1-2/2022

Keywords: discrimination; criteria; forms; European law; combating;

By discrimination we mean that action whereby certain persons are treated differently from others or bear the restriction of certain rights unfairly, on the basis of groundless reasons. Direct discrimination, indirect discrimination, harassment and instigation to discrimination have been identified as forms of discrimination at social level. At the level of international society, preventing and combating any form of discrimination by resorting to the most appropriate legal measures represent a concern even today. The right on non-discrimination prohibits those cases whereby persons or groups of persons in a similar situation are treated differently, and situations where persons or groups of persons in different situations are treated in the same way. The aim of the right on non-discrimination is to guarantee to all people equal and fair prospects of access to the opportunities granted by the society. The discrimination’s different manifestation forms, the criteria underlying discriminatory behavior, the areas where it manifests itself and some perspectives regarding the European non-discrimination law will be presented in this study.

The Right of First Offer in European Law

The Right of First Offer in European Law

Author(s): Vlad Ionuţ Savu / Language(s): English / Issue: Suppl/2022

Keywords: real right; right of claim; suppletive regulation; positive law;

The present study aims to offer an integrated vision of the origin, legal nature, and the effects which occur in the field of specific relations of civil law, from the perspective of comparative law by valorizing the specific research methods which define the institution of the right of first offer. Theoretical approaches with practical implications of continental law and Anglo-Saxon law were considered.

THE PATENT IN EUROPEAN LAW

BREVETUL ÎN DREPTUL EUROPEAN

Author(s): Anca Ileana Duşcă / Language(s): Romanian / Issue: 25/2021

Keywords: European patent; unitary patent protection; consolidated cooperation; European Patent Office;

A common law of the Contracting States concerning the preparation of patents for inventions is established by Convention on the Grand of European Patents of 5 October 1973. There are European patents: patents issued under this Convention and as result, in each Contracting State for which it is issued, the European patent shall have the same effect and shall be subject to the same regime as a national patent issued in that State. The Convention establishes the European Patent Organization whose bodies are: the European Patent Office (EPO) and the Management Board, and the task of the organization is to issue, through the European Patent Office under the control of the Management Board, European patents. Council Decision 2011/167/EU of 10 March 2011 authorizing enhanced cooperation in the area of the creation of unitary patent protection is based on several considerations, of which we recall only that in accordance with Article 3 (3) of the Treaty on European Union establishes an internal market, works for sustainable development of Europe, based on balanced economic growth, and promotes scientific and technical progress. Regulation no. 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection implements enhanced cooperation in the area of creation of unitary patent protection authorized by Decision 2011/167/EU.