Acquis Communautaire in the Field of Nuclear and Radiation Safety and Ukrainian Legislation: Prospects and Challenges of Harmonization

Author(s): Olha Sushyk / Language(s): English Issue: 71/2017

Since the Chernobyl disaster, special attention is paid in Ukraine to legislation in the field of nuclear energy and radiation safety. A new stage of enhancing Ukrainian nuclear and radiation safety legislation began with the signing in 2014 of the AssociationAgreement between the European Union and its Member States, of the one part, and Ukraine, of the other. In addition, the Ordinance of the Cabinet of Ministers of Ukraine of 17 September 2014 on the implementation of the Association Agreement on atomic energy between Ukraine from one side and the European Union, the European Community and its member-countries from another side, provided for the development and adoption of new regulations in the energy sector (including nuclear) in order to implement Directives: 1) Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations, 2) Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel, 3) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. Implementation of EU legislation in the field of nuclear and radiation safety will reveal major shortcomings of the current state of affairs and, at the same time, mechanisms to improve Ukraine’s national legislation with the aim of preventing another Chernobyl disaster in the future.

PRETPOSTAVKA NEVINOSTI U PRAVU EU – KORAK NAPRED, DVA KORAKA NAZAD

Author(s): Svetlana Nenadić / Language(s): Serbian Issue: 1/2021

The topic of the paper is the presumption of innocence in EU law and the case law of the Court of justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive on certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The second part of the paper analyzes the case law of the Court of justice EU in the application of the Directive with special reference to the presumption of innocence standards of the European Court of Human Rights. The paper points out the minimalistic orientation of the CJEU regarding the presumption of innocence, which in some elements lowers the standards of protection offered by ECtHR. Low standards threaten to produce a domino effect on the criminal courts in EU member states, which could create a risk to the presumption of innocence as a guarantee of the legitimacy of criminal proceedings.

VEIKSMINGO RESTRUKTŪRIZAVIMO PROCESO UŽTIKRINIMAS ĮGYVENDINANT RESTRUKTŪRIZAVIMO IR NEMOKUMO DIREKTYVĄ

Author(s): Audronė Balsiukienė,Mykolas Kirkutis,Vigintas Višinskis / Language(s): Lithuanian Issue: 1/2021

This article analyzes the problems of ensuring the effectiveness of restructuring proceedings when implementing the Restructuring and Insolvency Directive into the law of the Republic of Lithuania. It examines the economic, social, and legal objectives of restructuring proceedings, and how this process can preserve viable companies operating in the market which encounter issues of solvency. The goals of the Restructuring and Insolvency Directive and the need to harmonize restructuring proceedings in the European Union are also assessed.This article additionally focuses on analyzing elements of ensuring the effectiveness of the restructuring proceedings set out in the Restructuring and Insolvency Directive: essential contracts, new and interim financing, suspension of individual enforcement measures, and the confirmation of a restructuring plan. It analyzes how these elements of the restructuring proceedings can help to ensure the preservation of viable companies and the continuity of activities during restructuring proceedings.Finally, this article also examines the proposed amendments to the Law on the Insolvency of Legal Entities regarding the implementation of the Restructuring and Insolvency Directive, and considers whether the proposed amendments will increase the efficiency of restructuring proceedings.

SUTUOKTINIO IR REGISTRUOTO PARTNERIO LAISVO JUDĖJIMO TEISĖS EUROPOS SĄJUNGOJE

Author(s): Eglė Kurelaitytė / Language(s): Lithuanian Issue: 1/2021

The problems of rights regarding free movement for spouses and registered partners are analysed in the context of the possible limits which can be imposed by the provisions of national law. After a brief analysis of the general grounds for imposing limits on these rights, it is stated that the implementation of the internal market and the growing importance of the provisions of European Union citizenship in the jurisprudence of the European Court of Justice mean less discretion for national law provisions to interrupt the enforcement of these rights. Consequently, in EU law the grounds for limiting rights to free movement for spouses are constructed narrowly, resulting in all spouses having equal rights to free movement even in national legal systems which have no provisions on same-sex marriages (or even Constitutional limits, as in the case of Lithuania).The implementation of rights to free movement for registered partners is more problematic, despite the somewhat narrow discretion of the state in this field. Even though there are two types of legal regime for registered partners, in all cases national laws have narrow discretion to impose limits on them. It is argued that partners have a right to family reunification while implementing Directive 2004/38 in Lithuania with accordance to recent developments in the constitutional doctrine.

Din jurisprudenţa Curţii de Justiţie a Uniunii Europene referitoare la libera circulaţie a cetăţenilor statelor terţe, membri de familie ai cetăţenilor Uniunii (dreptul de intrare şi şedere)

Author(s): Carmen-Nora Lazăr / Language(s): Romanian Issue: 08/2021

In this article we shall present the jurisprudence of the Court of Justice of the European Union concerning the right to entry and to stay of the third-countries nationals members of the family of the Union citizens, as it evolved from the beginning to the present day, with its incoherences and inconsistencies, but also with its advances. The Court of Justice has contributed to the European integration, through the freedom of movement, more than the political institutions of the Union (the Council, the Parliament and the Commission), so that the new legislation adopted in this area has incorporated the jurisprudential acquis. The institution of the European citizenship, which transforms the Community and the Union into a more political organization, has also contributed to open the freedom of movement to the third-countries nationals in cases in which they couldn’t benefit of it and to transform the national le gislation on immigration under the influence of the Union law as interpreted by the Court of Justice. Of course, the jurisprudence of the Court of Justice is often criticizable and, indeed, has encountered much criticism both from the part of the States and of the scholar literature for its openness to the third-countries nationals, which puts in danger the national legislations on immigration. We also gave our own opinion on the solutions of the Court, not only when we didn’t agree with them, but also when they has been criticised, in order to defend them because we considered that they are correct. As Romania is a member of the European Union, the implications of the jurisprudence in the area of the freedom of movement are of a great importance, so our study may contribute to inform the national jurisdictions in this respect.

FREE MOVEMENT OF PERSONS AND THE LEGAL SECURITY OF DOCUMENTS WITHIN THE EUROPEAN UNION

Author(s): Cocoșatu Mădălina,Elena Marinică / Language(s): English Issue: 4 (53)/2021

The increase of international and European Union migration has led toincreasing attention to the impact of Member States' legislation on the recognition, legal certaintyand standardization of procedures for the movement of official documents, as part of the freemovement of persons within the European Union. This article responds to European Union'sneeds by examining the extent to which the various regulations, in particular regulations havingdirect and immediate application, being long and complex and comprehensively governing somecross-border procedures that underline the recognition of official documents within the EuropeanUnion. It is a fact that the Union facilitates and accelerates the cross-border application ofaspects of the free movement of persons in private international law, encourages thesimplification of the requirements for the presentation of certain official documents in EU, whilestrengthening the security of Union citizens' identity cards and residence documents etc. Byusing the historical and comparative method, the conclusions drawn from this analysis refer tothe need to apply these legislative rules established due to the necessity to ensure legal certaintyand predictability at Union level, but also offering to European citizens an attractive optioncompared to the classic variants of international law, the latter providing at times a moreconvincing and comprehensive legal certainty.

CONCEPTUL DE „SPAȚIU VERDE EUROPEAN” ȘI DEZVOLTĂRI ALE SALE: SPRE O SECȚIE SPECIALĂ ÎN CADRUL CURȚII DE JUSTIȚIE A UE

Author(s): Mădălina Virginia Antonescu / Language(s): Romanian Issue: 47/2021

The proposals regarding the ”European green diplomacy” destined to create a ”green power” profile for EU, as focused on the European Green Convent, should be seen, in our opinion, as an innovative, strategic dimension of the environmental security, a trans-disciplinary concept born from the connections of EU member states domestic policies with the European decision-making level, and also, with the security policies (national ones, and those regarding the Union as distinct entity, as well). The European Green Convent represents, in our opinion, the beginning of a European integration process destined to offer regional-European solutions to some challenges seen by EU as ”global” (climatic changes, biodiversity lost), including the environmental challenges born from the environmental trans-frontier criminality phenomena. Within this paper, we’ll try to briefly approach some aspects as the necessity of an European criminal law, the concept of the ”European Green Space”, and some innovative institutions as the necessity of a Special Department within the European Court of Justice or a ”Green Tribunal”, within the EU self-assumed profile of being a ”global green actor”, a strategic dimension based on the ”green power” notion, and on its necessary EU strategic projections for the XXIst century, too.

KONTROLA STRANIH DIREKTNIH INVESTICIJA U PRAVU EU U USLOVIMA KRIZE IZAZVANE PANDEMIJOM

Author(s): Mirjana Radović / Language(s): Serbian Issue: 3/2021

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.

O perspectivă asupra efectelor pandemiei Covid 19 asupra spectrului legislativ european şi practicii judiciare naţionale

Author(s): Mihaela Pătrăuş,Cristian Dumitru Miheş / Language(s): Romanian Issue: 2/2021

In our research we aimed to highlight a brief perspective of the consequences of the evolution of infectious disease on the European and national legislative spectrum, with emphasis on the criminal law plan.The new realities required a resettlement of the medical system and a control of the criminal phenomenon related to the Covid 19 pandemic, which in the national and European legal plan materialized through a prompt intervention, in order to overcome the effects of the Covid 19 pandemic. In our theoretical approach, we aim to highlight both the legislative efforts at EU and national level, respectively, and, in particular, the problems that have arisen in judicial practice as a result of the new regulations, as well as the need to amend the regulation, which is not immune to serious criticism.

REGULATION OF RESTRICTIVE AGREEMENTS IN REPUBLIC OF SERBIA WITH A REFERENCE TO THE EUROPEAN UNION LAW

Author(s): Bojan Blagojević / Language(s): English Issue: 3/2021

This paper explores the questions regarding regulations of restrictive agreements in Republic of Serbia as well as in the European Union. Moreover, it has a concept of a competition explained in order to make the importance of the exemption of agreements with the competition infringement noticed. The measures and requirements for protection of competition are presented as well. The aim of the paper is to present the importance of restrictive agreements, and to explain if the market should be protected only from an individual agreement or from all restrictive agreements. Moreover, the point whether the competition is protected from all infringements or just from some of them is explored. From all this stated, it can be concluded that there are big discrepancies in regulations against competition infringement in legal regulations of Republic of Serbia in comparison with regulations of the European Union.

Canaries in a Coal Mine: Rule of Law Deficiencies and Mutual Trust

Author(s): Petra Bárd / Language(s): English Issue: 2/2021

The value decline in the EU has manyfold consequences. It jeopardizes the very essence of Europe as a community of values. At the same time it endangers legal principles, such as mutual recognition, which is based on mutual trust presuming that all Member States are based on the rule of law and protect fundamental rights. Once trust is rebutted, Member States’ judicial authorities will refuse to cooperate and recognize each other’s judgments in order not to become complicit in individual rights violations and not to contradict the European Convention for the Protection of Human Rights and Fundamental Freedoms. This paper argues that EU law must allow for such considerations and suspend mutual recognition-based laws not only on a case-by case basis, as it happens today in practice, but in general with regard to Member States undergoing rule of law decline, in order to uphold the EU’s fundamental rights culture, and EU law’s equivalency with the Convention’s human rights regime.

Aspecte privind aplicarea Regulamentului nr. 679 din 2016 privind protecţia datelor cu caracter personal în România

Author(s): Daniel - Mihail Şandru / Language(s): Romanian Issue: 1/2019

The General Data Protection Regulation (GDPR) is the normative act that determines the publication of books and articles and the realization of scientific events. The present material is a state of the art in the field of personal data protection in Romania, an evaluation conducted in order to continue and open some researches elaborated both from the perspective of their purpose and the implication of the fundamental research.

Reforma protecției datelor din perspectiva Consiliului Europei.

Author(s): Daniel - Mihail Şandru,Adriana-Maria Sandru / Language(s): Romanian Issue: 3/2019

The data protection is a fundamental right protected since the 80s by international treaties, the first international convention that came into force was drafted by the Council of Europe. The data protection is undergoing a process of rethinking not only in the European Union but also within the Council of Europe. Here the reforms are characterized by the protection of the member state citizens according to the development of technology. The article aims to draw a synthetic parallel between the protection achieved by the two international organizations and to highlight the main features of Convention 108+.

Przyszłość współpracy UE z państwami trzecimi w sprawie przekazywania danych pasażerów lotniczych. O skutkach opinii Trybunału Sprawiedliwości nr 1/15 dla wymiany danych PNR

Author(s): Agnieszka Grzelak / Language(s): Polish Issue: 52/2021

System przekazywania danych pasażerów linii lotniczych właściwym organom państwowym do celów związanych z walką z terroryzmem i poważną przestępczością zaczął się w Unii Europejskiej rozwijać, odkąd Stany Zjednoczone zaczęły się domagać takich informacji. W efekcie, Unia Europejska rozpoczęła proces przygotowania umów z państwami trzecimi, które pozwalałyby na przekazywanie takich danych, jak i tworzenia wewnątrzunijnego systemu wymiany danych. W opinii 1/15 dotyczącej umowy z Kanadą, która miała być zawarta przez Unię, Trybunał Sprawiedliwości wyraźnie dopuścił tworzenie systemów wymiany danych PNR, jednakże obwarował to istotnymi ograniczeniami i gwarancjami, które miałyby zapewnić wysoki poziom ochrony prywatności i danych osobowych obywateli UE. W efekcie, do zawarcia umowy z Kanadą nie doszło, negocjacje z innymi państwami zostały wstrzymane. Jednocześnie umowy UE z USA i Australią obowiązują mimo tego, że zawierają sformułowania analogiczne do tych, które uznane zostały przez TSUE za niezgodne z Kartą Praw Podstawowych Unii Europejskiej i Traktatem o funkcjonowaniu Unii Europejskiej. Celem artykułu jest zarówno dokonanie przeglądu tej sytuacji, jaki próba spojrzenia na skutki opinii 1/15 dla systemu wymiany danych PNR w Unii Europejskiej.

Aspecte privind aplicarea Regulamentului nr. 679 din 2016 Privind protecția datelor cu caracter personal în România

Author(s): Daniel - Mihail Şandru / Language(s): Romanian Issue: 1/2020

The General Data Protection Regulation (GDPR) is the normative act that determines the publication of books and articles and the realization of scientific events. The present material is a state of the art in the field of personal data protection in Romania, an evaluation conducted in order to continue and open some researches elaborated both from the perspective of their purpose and the implication of the fundamental research.

The Preconditions for the Admission of the Preventive Measure Based on an European Arrest Warrant

Author(s): Denisa Barbu,Ana Maria Pană / Language(s): English Issue: 1/2021

In addition to the mandatory “grounds for refusing to execute an European arrest warrant, the legislator” also provided for some optional grounds on the basis of which the competent judicial bodies “of the executing Member State may refuse to execute an European arrest warrant”. These provisions give the courts of the executing Member State the right to invoke or not to invoke them and, implicitly, the right to execute or not to execute an European arrest warrant. In our view, the refusal to execute the warrant must be complemented by the establishment “of direct links between the judicial authorities of the two Member States”, with regard to adopting a solution to the situation. In this context, given the complexity of the cases, the specific circumstances of the crimes, as well as other elements, the two judicial authorities involved will have to ascertain the incidence of another European institution, namely the transfer of proceedings in criminal matters.

The Effects of the Judgment of the Grand Chamber of the Court of Justice of the European Union in Case C-83/19, C-127/19, C-195/19, C-291/19, C-355/19, C- 397/19.The Obligation of the Decisions of the Romanian Constitutional Court and the Supremacy o

Author(s): Razvan Viorescu / Language(s): English Issue: 1/2021

The supremacy of the Constitution is therefore compatible with the application systems that give application preference to regulations from legislation other than national law, as long as the Constitution itself established this provision, which happens exactly with the provision provided in art. 93, which allows the transfer of powers resulting from the Constitution in favor of an international institution thus constitutionally empowered to regulate matters previously reserved for domestic powers and their application.

Putevi diferencijacije u Evropskoj Uniji

Author(s): Sandra Davidović / Language(s): Serbian Issue: 76/21/2021

O tranziție juridică necesară. Acordul de la Paris de la încheiere (COP-21, 2015) la punere în aplicare (COP-26, 2021)

Author(s): Mircea Dutu / Language(s): Romanian Issue: 2/2021

The political and diplomatic events dedicated to climate in the first part of 2021, preparing the Glasgow COP-26 in November, mark a breakthrough in the failure caused by COP-25 (2019) and the reprisal of the multi-sided UN approach, under the impulse of the return in force, by the attitude of the Biden administration, of the US in the fight against climate change. In a broader sense, the Leaders’ Summit on Climate (22-23 April 2021) and the associated negotiations revive the approach on eco-climatic problematic that allowed and reached the Paris Agreement of 2015, in the way of continuing the preparations and enabling of its system. Adopted as an annex to Decision 1/CP.21 (non-binding), the conventional text of six years prior is juridical, but in an original formula that gives central place in its implementation to the attitude and will of the states, who can adopt a holistic effort in developing a common action, and through a global response, or on an individual folding, resulting in a general insufficiency. The positions expressed within the Summit of 22-23 April consolidates the former, accentuates the universal vocation of the Agreement, and aligns the states to the objectives of ambitious mitigation of greenhouse gas (GHG) emissions up to 2030, and to reach climate neutrality by 2050-2060. In the sense of the same evolutions, climate change has been reinscribed on the agenda of the UN Security Council as an issue of global security. In this new formula, of world leadership competition in the climate action, along with the US and China, the EU remains a fundamental pillar, especially by revising its climatic ambitions, by adopting the Green Deal as a sustainable development strategy, and of the “climate law”, as an instrument of legal action. The coupling in the same equation of the objective to limit the increase of global temperature under 20C and the one regarding carbon neutrality imposes an adequate enforcement also regarding the pertinent macroeconomic research and evaluation. Under such premises, promising results are being expected from COP-26 (November 2021, Glasgow).

THE REFORM OF THE CRYPTO LICENSES SYSTEM IN ESTONIA AND THE REGULATION ON MARKETS IN CRYPTO ASSETS PROPOSAL

Author(s): Marko Novaković / Language(s): English Issue: 4/2021

As part of the EU’s Digital Finance Strategy, the European Commission’s proposed Regulation on Markets in Crypto Assets is currently going through its first readings in the Council. The goals of this regulation include protection of the customers, promoting innovation, unification of the regulation of cryptocurrencies at the EU market, etc. However, in parallel with this normative initiative, Estonia is already mulling the overhaul of its entire system of cryptolicensing. A Danske bank scandal demonstrated weaknesses of the current crypto­licensing and it is now on the Estonian government, as the first EU government to encounter this kind of situation, to try to improve current regulation. In this article, both MiCA and the roots of the potential overhaul of crypto-licensing in Estonia will be analysed.