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The article analyses the question of the introduction and building of the one of the newest institutional “agencies” of the European Union – the External Action Service. It offers the detailed elaborate of the historical and normative background of the introduction of the EEAS, the competences and instruments of this service and its role within the foreign policy of the EU.
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Czech subsidies on production of electricity from renewable energy sources represent a sensitive and highly discussed topic in the Czech Republic, in particular where photovoltaic power plants are concerned. The legal viewpoint is not necessarily limited to only the constitutional and criminal-law implications. The issue is also of great interest from the systemic and theoretical viewpoints, especially where assessed comprehensively in the context of the EU law and, simultaneously, in conjunction with the public international law. The protection of investments into photovoltaic power plants is often protected under international law by bilateral treaties. However, the subsidies itself may not be under certain occasions in accordance with the EU law which put the two in conflict that must be solved by the Czech legislator. This article tries to find a solution to this conflict. On the other hand, the validity of the Czech legislation or its substantive analysis are not in the centre of the interest of the article. Accordingly, the article does not deal with the question whether or not the Czech law complies with the EU law. The article rather focuses on the relation between the Czech, EU law and international and the implications for the EU law and, in particular, for public international law.
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One of the common topics of the Member States of the European Union is also the energy policy, which has become a subject of significant legislative and institutional changes in recent years. The aim of this paper is to analyze the legislative framework of a legal regulation promoting renewable energy in the European Union, as well as in the Slovak Republic, together with the assessment of a degree of implementation of European law into the legal system of the Slovak Republic in the field of renewable energy. Regarding legislation promotiong renewable energy sources in Slovakia special attention is paid to the sector of electricity.
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Essay explores the legal possibility of creation of unified armed forces of the European Union. Essay analysis the possibility from the point of view of EU constitutional law. Primary focus of essay is the competence of EU. First, a question of division of powers between the EU and Member States is addressed. Second, a question of concrete legal basis for exercise of the determined power is addressed. As a secondary problem, essay explores the question of sovereignty of Member States and whether it would be infringed. Essay gives arguments why creation of unified European Union armed forces is legal and why it does not infringe the Member States’ sovereignty.
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The aim of this article is to analyse the mutual relationship between arbitrability and public interest. The definition of arbitrability has remained in the domain of national law; there is no internationally unified definition, although a common trend towards the extension of its scope may be observed. There is no doubt about arbitrability in disputes concerning only the individual interests of the parties. However, if the dispute shows elements of public interest, it does not automatically imply that it is not arbitrable. A sign of equation thus cannot be put between public interest and inarbitrability. Disputes arising from economic activities involving public interest can be resolved before the arbitral tribunals. This for instance includes private-law enforcement of competition rules (including EU ones), disputes affected by illegal (criminal) actions, disputes concerning intellectual property rights (in certain countries also with erga omnes effects) or disputes related to insolvency proceedings.
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The article focuses on the public security exception as it is used in EU migration law. It opens with the public security grounds as they appear in the EU internal market rules and consequently in EU external relations. A special attention is paid to public security restrictions under the Directive 2004/114 as it was interpreted in case Fahimian. The article adds a comparison to other documents in EU external relations and their referrals to public security. The main perspective is the discretion attributed to Member States and their authorities when they apply public security exception especially in relation to regular migration.
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Domestic violence in forced child marriage can have impact on mental health and well-being of an adolescent. However, mental health problems are discussed less often than other negative consequences forced child marriage can cause. Although there are several international conventions, appropriate domestic law and active administrative bodies and NGOs embodying the strategies for protecting children, women and human rights, all these tools seem to be inefficient to protect children in a community practicing traditions which violate children’s rights. Article maps the available legal tools and analyses their application in European practice discussing whether these tools are effective enough to protect Roma children from domestic violence in forced child marriage and ensure their mental well-being.
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Book-Review: JANKUV, Juraj. Legal Mechanisms of Protection of the Human Environmental Rights in Public International Law, Law of the European Union and Legal Order of the Slovak Republic, Leges, Praha, 2018, 200 pp. Review by Naděžda Šišková.
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The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of principles of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these principles constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs – CETA and EUSFTA.
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The Court of Justice of the EU (CJEU) has established that directives cannot produce horizontal direct effect and thus may only be invoked against the State or its emanations. In the recent Farrell 2 judgement, the Court has clarified the concept of an ‘emanation of the State’ which is crucial for the purposes of applying vertical direct effect. The aim of this paper is to analyse the concept of an ‘emanation of the State’ presented in Farrell 2 ruling. Further, the article highlights that the judgement is a positive development as it brings consistency to the EU case law and corresponds to the present realities when new ‘emanations’ are emerging with the special powers attributed by the State.
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Water is a fundamental resource for the birth, development of human civilization. The right to water is one of those rights that transcends and embraces the whole history of man and society. However, in our contemporary society the right to water seems something new, almost a post-modern innovation. Research at European level has taken up the challenge and the scientific water community is committed to rapidly developing and transferring management solutions that make our cities more liveable and the negative pressures on the availability of good quality water for uses increasingly irrelevant potable and civil. In this context it is important to develop a regulatory and legislative approach that does not settle for damage-repair dynamics but an approach aimed at prevention and planning directed towards two contexts: procurement and recycling-reuse.
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The article is devoted to the analysis of the legal nature of principles and values of the European Union, their etymology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently that is in the latest Lisbon edition of 2007. It is underlined that the infringement by an EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well as the effect of principles and values on the process of legal reforms in Ukraine.
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Brazil and European Union have been developing common trade relations since the 70’s and over the years they have strengthened them through agreements and open dialogues. Both actors are promoters of human rights at the global level. At the same time human rights issues are present in their mutual relations including the most current documents such as currently forming Association Agreement. The main goal of the paper is to outline and evaluate the developments of the legal framework with an emphasis on how the human rights issues have been streamlined in Brazil and EU relations.
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This article focuses on challenges and successes of the implementation and application of the EU-Ukraine Association Agreement, which triggered unprecedented political, economic and legal reforms in Ukraine. This article focuses on the constitutional challenges that have arisen for Ukraine in the course of implementing the Association Agreement into its legal system. Two issues form the core of the paper. The first issue is effective implementation and application of the Association Agreement within the Ukrainian legal order. The second issue is compatibility between the Association Agreement and the Ukrainian Constitution. The latest political and legal developments in Ukraine are analyzed through the prism of effective implementation of the Association Agreement and the rise of pro-European judicial activism in Ukraine. In conclusion it is argued that the EU-Ukraine Association Agreement enhanced the adaptability of the national constitutional order to the European integration project and European common values.
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Even though the discussion on migration has in the last years been overshadowed by its illegal form and concentrated in particular on potential tools to mitigate it, legal migration rightfully remains a crucial consideration for a comprehensive migration policy. Given the significance of services in today’s economy, it might be surprising that the focus has been on migration of workers, rather than self-employed persons. In this article, we shall review the current legislation on this matter and explore its potential further developments.
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This article provides a detailed analysis of the European Union’s road towards compliance with the third pillar of the Aarhus Convention and the current developments in this regard. The European Union’s Notice on Access to Justice in Environmental Matters that was accepted in 2017 is also evaluated. No doubt, that environmental concerns became extremely important in the 21st Century, in front of the judicial bodies as well. It is interesting to see how the EU has been struggling to reach compliance with the right to access environmental justice, causing not just heated conversation between the greening NGO sphere and the EU, but also raising significant concerns regarding the effectiveness of the decision-making system.
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European Union is considered as valuable actor in international surrounding. The principle of human rights as set in article 2 TEU is observed in its legislation and policies. The current development in area of sustainable development goals is also generating new challenges especially in relation to climate change. The EU as the signatory country of Paris agreement and observer to UN followed its obligations, and in contributing to climate change actions, focused its policy also to energy transition. The development in EU differ to universal development, due different political, legal and regional aspects. How the EU implement its obligation in sustainable development, climate change and energy transition with its human rights protection principle? The paper is focused on analysis, how the EU acts in concrete policy actions and whether there exists human rights and development nexus.
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The study investigates the current problems and new issues of EU common immigration policy. The article stipulates that the EU immigration policy is the object of common competence of the European Union and its Member States. The author defines the main directions of the European Union’s common immigration policy: the promotion and economic development of legal immigration to EU Member States and the fight against the influx of illegal migrants from third countries. The study researches the effective means of combating illegal immigrants by means of the adoption of readmission agreements with third countries by both the EU and its Member States. The research states that readmission agreements facilitate the return of persons who do not have legal grounds to stay in the territory of the EU Member State to their country of origin or transit.
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Church autonomy, established by Article 29 paragraph 5 of the Constitution of Romania and shaped, according to paragraph 3 of the same article, by their statutes, sets up a specific “internal discipline”. This is defined as the entirety of obligations arising from canonical norms, no matter their simultaneous belonging to the content of certain legal relations. We analyse the particular aspects, derogating form the common legal framework, of church “internal discipline”, following its approach within the case law of the Constitutional Court, the domestic courts and the European Court of Human Rights. We argue that applying canonical norms may incur the overlapping of legal and canonical relations, but the canonical order cannot set aside the legal qualification of certain relations on which it overlaps its own canonical relations. The legal relation forfeits, as a result of this overlapping, the right to legal protection by courts of law, if recognizing the latter would violate church autonomy. This prevails over free access to justice in matters of “internal discipline”, so that the State cannot exonerate anybody from a canonical obligation, not even acting indirectly considering its equally legal nature. The canonical order does not evade the legal order, but instead uses it in order to function. The legal order self-limitation, on the ground of church autonomy, as an exclusively legal product, constitutes either the expression of the collective religious freedom or the balancing solution regarding the scope or the exercise of several competing rights, of which one is the collective religious freedom.
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The right to respect the private and family life in the case law of the European Court on Human Rights takes into account the evolution of the concepts of private and family life according with the social evolution. The Article 8 of the European Convention on Human Rights includes at least four different fields: the private life, the family life, the residence and the correspondence. The right to “family life” has two important dimensions: its content and the persons who can invoke it before jurisdictions. The family life is intrinsic to the human being. This concept is autonomous, being developed in the case law of the European Court. It does not overlap the family relationship or affinity governed by the domestic rules and it can exist independent of any national meaning. The Article 8 of the Convention has a horizontal character; it protects the individual not only from the arbitrary interference of the public authorities but also from the violations perpetrated by the private individuals. Therefore the States Parties to the Convention are entitled to adopt measures aimed to impose the respect the private life, even in the domain of the relationships between particulars. This also applies to the protection of the reputation against the abuses from third parties.
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