«Поправки безпеки» до Митного кодексу ЄС: досвід полегшення торгівлі без загроз для зовнішньої безпеки держави

Author(s): Ivan Berezhnyuk,Igor Nestoryshen,Andriy Ocheret / Language(s): Ukrainian Issue: 28/2015

The issue of developing an effective system of customs control, which takes into account the interests of economic operators on simplifying foreign trade and the interests of the state to ensure an appropriate level of security remains unexplored at the present time. The aim of the article is to study European experience of forming an effective system of customs regulations, and to develop their own proposals for the development of a balanced system of customs regulation.The European package of laws brings together the basic concepts underlying the new security model to control the external borders of the EU, such as the harmonized system for risk assessment. Security Amendment to the Community Customs Code was published in the Official Journal of May 4, 2005 It was introduced a number of measures to strengthen security for goods crossing international borders. The amendment covers three major changes to the Customs Code: requiring traders to provide customs authorities’ information on the goods during import or export; provide reliable traders trade facilitation; introduction of common risk criteria within the Community.Based on a thorough analysis of European approaches to development of the customs administration we can summarize about the inadmissibility of a separate examination, operation and implementation of the risk management system of prior information and burnout authorized economic operator in Ukraine. These components "security amendments" in the EU are the part of a unified system that on the one hand aimed at ensuring a high level of safety of the Community and on the other - guarantees the trade community.

POSEBNE MJERE U KONTROLI KONCENTRACIJA U KONKURENCIJSKOM PRAVU EU I BIH

Author(s): Mirza Kulenović / Language(s): Bosnian Issue: 1/2016

The focus of this article are the merger remedies. The article analyses procedural and substantive aspects of this notion, and particularly the applicable general principles, conditions for its implementation, various types of measures known to the comparative competition law, the appropriateness of the application of these measure in different circumstances, all with the overview of the relevant practice of the European Commission, but also the General Court and the Court of Justice of the European Union. Particular attention is paid to the analysis of the legislation of B&H, and the practice of the Competition Council of B&H, with the aim of ascertaining the normative and factual competency for the implementation of this notion. The conclusion of the article indicates that the competition law of B&H is not completely ready for the implementation of the merger remedies - structural and behavioral - in the procedure of the control of concentrations of the undertakings concerned.

Афілійовані особи: походження терміну, критерії визначення й застосування у вітчизняній та міжнародній практиках

Author(s): Yana Klimenko / Language(s): Ukrainian Issue: 26/2014

The aim of the article is to investigate the origin and orthography of the notion of “affiliation”, determine the fundamental differences between national and foreign legal acts which provide state regulation of affiliated (dependent) relations between economic entities. The conducted research has shown that qualitative and quantitative criteria of control over economic entity, which are to be stated to indicate affiliated persons, do not coincide in the legislation of different countries. The reasons of dependency emergence also vary and even the names of controlled and controlling participants of economic relations are different. In most cases Ukrainian legislation determines affiliated enterprises in accordance with criteria of the participation in authorized share capital and / or management. Nevertheless as of now there is not a single notion of affiliated person to be used in all the corresponding legal acts. It is necessary to bring national legislation to the uniform terminology concerning determination of an “affiliated person” category and its definition. The further research of question regarding the affiliated (related) persons’ status is needed in correlation with economic problems analysis of affiliated (dependent) relations between economic entities.

Банківські установи у розвитку інтеграційних процесів на інвестиційному ринку України

Author(s): Dmitry Vasylenko / Language(s): Ukrainian Issue: 26/2014

The article discloses the problems in improvement of investment climate, investment infrastructure and development of investment market of Ukraine due to participation of bank institutions in the integration processes on the investment market of Ukraine. The necessity of integration of bank and non-bank financial institutions on the financial market was grounded. Main preconditions for the formation of integration associations of investment direction with banks and the peculiarities of organization of mutual cooperation of investment mediators were considered. The motives and benefits of bank and non-bank financial institutions on the investment market of Ukraine were presented and recommendations for improvement of the activity were given. The results of the research presented in the article are recommended for practice in current bank activity while formation and implementation of the mechanism of investment mediation. The outcomes of the research are also may be used for adaptation of new integration associations on the investment market of Ukraine.

MAKROEKONOMSKI EFEKTI NA BOSNU I HERCEGOVINU SPORAZUMA O TRANSATLANTSKOM TRGOVINSKOM I INVESTICIJSKOM PARTNERSTVU SAD I EU (TTIP)

Author(s): Haris Šarganović / Language(s): Bosnian Issue: 2/2015

When the leaders of the US and the EU announced the conclusion of the bilateral Agreement on the Transatlantic Trade and Investment Partnership (TTIP) in 2013., through their statements on lowering the tariff barriers (which are anyway very low, averaging about 3%) it could be concluded that a new grandiose union, Euro - American Union. However, the decision of J M Barossa, president of the European Commission at the time, to declare the negotiations on TTIP ''secret'', began to awaken different doubts about the agreement itself. Common declarative statements by officials from both sides were that with TTIP through a reduction or total abolition of tariffs trade will be increased, which would result in many new employments. By declaring the negotiations secret, the crucial values of the EU have become questionable, transparency and democracy, and this represented only the tip of the iceberg. Latent, what public officials of negotiating sides do not want to talk about is the deregulation of the primary sectors of economic development, as well as the financial sector, which was the cause of the crisis in 2009.

Użycie odesłań w internecie a naruszenie praw własności intelektualnej w świetle orzecznictwa TSUE

Author(s): Marek Porzeżyński / Language(s): Polish Issue: 01/2015

The issue of using linking technique among the internet is an object of analysis of many specialists representing various scientific fields. From the legal perspective linking is also significant problem, what is best proven by many judicial decisions. European Union legal acts which were projected for the purpose of harmonization of regulations turned out to be the starting point for wider discussion in the range of legal aspects of linking. Problems connected by aforementioned issue are also intensified by its large scale. Only basing on life experience the range and potential of linking activity can be intuitively determined. Concerned issue can be of profound importance for the creative sector, especially film industry which frequently uses various linking techniques for the purpose of illustration of opinion or presentation. For this reason despite the legal and technical subject of this article it is worth to became acquainted with basic legal regulations and latest judiciary decisions, which are of significant importance for their interpretation.

LE PROCESSUS DE TRADUCTION À LA COMMISSION EUROPEENNE

Author(s): Liliana Comănescu / Language(s): French Issue: 1/2012

The Directorate-General for Translation of the European Commission is the largest and the most complex translation service in the world. Its workflow is based on a unique set of translation tools ensuring the good functioning of an operation producing over a million pages per year: administration and documentation tools, as well as translation tools (terminology tools and translation memory technology).

EUROJARGON AND COMMUNITY TERMINOLOGY: CHARACTERISTICS IN ROMANIAN

Author(s): Sebastian Chirimbu / Language(s): English Issue: 1/2012

The process of accession to the European Union had a wide influence in all the political, economic and cultural life of our country. The present article aims to investigate the changes recorded in Romanian, a new corpus of neologisms which was created and a new terminology of the EU community called eurojargon. The terms included in this terminology, those that begin with the prefix euro – the acronyms and shortenings are among the most common. Relatively new, the concept Eurojargon combines the words which express the language policy of the Union. Some elements of the Eurojargon may raise difficulties when translating and using them.

Dopuszczalność stosowania prawa szariatu w zakresie spraw rozwodowych i spadkowych w prawodawstwie Unii Europejskiej

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 19/2016

Nowadays much more Muslims are coming to the European Union countries. Because of this the courts of members’ countries more often need to take into consideration the Sharia law. That’s why is important finding the answer to the question if the European Union legislation allowed the courts judging on the basis of Sharia law? In this context the most important fields of law are family law and inheritance law. The purpose of this study is finding the answer to the question if in the light of European Union legislation the courts are allowed to judging about divorces and inheritance on the basis of religious law, means Sharia law. In the case of divorces the main importance has the decree of Council (UE) No 1259/2010, and in the case of inheritance the decree of European Parliament and Council (UE) No 650/2012. The analyze of those acts leading to the conclusion that mentioning legal acts allowed in general applying Sharia law as foreign law. But simultaneously both acts clearly excluded using external law in the case that using it may lead to the violation of public order. And exactly this clause may strongly limited judging on the basis of Sharia law by the courts of European Union countries in the cases of divorces and inheritance. The reason is that in both fields Muslim law significantly difference to the European standards, largely limited women’s rights both in the occurrence of divorce and in the cases of inheritance.

Opieka duszpasterska w szpitalach publicznych państw Unii Europejskiej – zarys problematyki

Author(s): Piotr Stanisz / Language(s): Polish Issue: 19/2016

The aim of the paper is to provide a general characterization of the solutions used in the states of the European Union to guarantee free access to religious assistance in public hospitals. The first part presents the justification for such assistance. The organization of hospital chaplaincy and the status of hospital chaplains are discussed respectively in part 2 and 3. The paper concludes with a discussion of the problems connected with the need to protect the negative religious freedom of patients.The analysis leads to a conclusion that ensuring the right of every patient to religious assistance constitutes a recognized European standard, independently of the adopted model of state-church relations. However, the detailed guarantees of this right differ from state to state. The diversification characterizes both the organization of hospital chaplaincy and the status of chaplains. The relevant solutions are dependent on such circumstances as the religious structure of the society, established traditions, applied model of state-church relations and diversification of forms of regulating the legal situation of religious organizations. Among the problems which still need to be solved in a satisfactory way in a considerable number of European states one can mention the question of full protection of rights of religious minorities and persons without religious affiliation. However, the prospective guarantees of such protection should be fairly balanced with protecting the rights of believers belonging to sociologically dominant religions.

Energy governance and compliance with the EU regulations in Poland prior to the adoption of the 2030 Energy and Climate Framework

Author(s): Dominik Smyrgała / Language(s): English Issue: 23/2016

The article analyses the most important problems related to governance of the Polish energy sector prior to the adoption of the 2030 EU Climate and Energy Policy Framework. The document was to introduce major changes in the Polish energy mix due to restrictions placed upon the emissions of the CO2 and requirements related to the renewable sources of energy. The paper argues that in fact this overshadowed the pre-existing management problems of the Polish energy sector, in many aspects more serious than the provisions of the Framework itself.

От съставителя

Author(s): Petar Petrov / Language(s): Bulgarian Issue: 2/2017

Editorial

Evropski bezbednosni i odbrambeni identitet i migrantska kriza

Author(s): Slobodan Zečević,Gordana Gasmi / Language(s): Serbian Issue: 2/2016

European Security and Defence Identity, ie the capacity of the European Union (EU) to address the urgent migrant crisis is analyzed in the light of the legal aspects of the mechanisms envisaged by the founding treaties, especially the valid EU Treaty of Lisbon (2009). At the beginning of the XXI century, the EU has been hit by several successive crises. Those are the world financial crisis of 2007, whose source was the US financial market, the debt crisis of Greece, which lasts from 2008 and which has escalated in the summer of 2015, and in particular the case of the refugees’ crisis. The mentioned events have shown that incomplete sovereignty of the EU, caused by a slowdown in building a European federal state prevents it from having adequate responses to emergencies. Because of its inter-governmental and confederal features, the EU cannot act in a fast, unified and adequate way in migrant crisis, as well as in other challenges in a globalized world. More and more there are rumours and calls for the formal, ie the official abolition of the Schengen Agreement, which is a legal symbol of the space without borders among member states, and in a situation of raising concrete and wire fences at border crossings between these same countries and in the midst of their mutual accusations of a lack of solidarity in the management of refugees. The abolition of Schengen in late 2015 happened in a factual manner (de facto), which is non-institutional way and without formal decisions at the level of the Union. The situation is even more sharpened when one takes into account the negative safety dimensions of the migrant crisis. The EU Member States by refusing solidarity announce that they do not want security problems on own territory, which the influx of refugees inevitably brings. Two decisions of the EU (2015), on an equitable distribution of asylum seekers to other Member States, in order to lessen the pressure on Italy, Greece and Hungary meant a temporary suspension of the Dublin asylum system. Dublin asylum system is the most criticized by A. Merkel, the German Chancellor, and also by other EU officials, because it allows the greatest pressure on countries that are on the front line of migrant flows. In her expose, Merkel, with a warning that such asylum system is outdated, called for the introduction of a new common EU asylum system based on a fair distribution of the burden of granting asylum and with the elimination of national egoism. Is it the “Europe - Fortress” underway or the Europe without borders, remains to be seen through the outcome of the migrant crisis in the upcoming mid-term. The absence of security and defense identity and a lack of the EU sovereignty makes the Union inefficient, especially in migrant crisis of unprecedented wealth, thus fostering the debate about the purpose of the EU existence. Famous Jean Monnet, however, said a long time ago, that the great crisis are also great unifiers, and it remains to be seen whether this visionary idea is to be leading in overcoming the current narrow-minded EU approach.

Evropska dostignuća u regulisanju porodičnog statusa deteta začetog artificijelnim reproduktivnim tehnologijama

Author(s): Gordana Kovaček-Stanić / Language(s): Serbian Issue: 2/2015

In this paper, the author analyzes family status of the child conceived by artificial reproduction technologies using the following treatments: homologues artificial insemination, heterologus artificial insemination (artificial insemination by donor), ovum donation, embryo donation and surrogate motherhood. One specific situation of homologues artificial insemination is posthumous insemination, insemination after the death of the husband/partner. This procedure is allowed in, for instance, United Kingdom, but not allowed in France, Switzerland, and Italy. Considering genetics elements in this situation there is no doubt on fatherhood – father is a man whose sperm is used for insemination, regardless of the fact if frozen sperm or frozen embryo is used in the procedure. Nevertheless, until 2008 in United Kingdom, the husband/partner was not considered as legal father, because of the fact that the child was born after his death. Heterologous artificial insemination could be used in three different situations. First, when subjects are spouses or unmarried partners of different sexes. Second, when subjects are spouses or unmarried partners of the same sex and the third if a single woman is an only subject. Most recent procedure is the one in which subjects are spouses or unmarried partners of the same sex, specifically two women. This procedure is allowed in the United Kingdom and Sweden. In these legislatures, there is a rule that the woman who delivers the child is legal mother, and her spouse/partner is a second parent of the child. The most recent procedure of egg donation is a donation of only a part of an egg, mitochondrial DNA. In this case, there are in fact three genetic parents of the child: two genetic mothers and a father. Legally, the child has one mother (the woman who delivers a child) and a father. One of potential outcomes of the recent research is the ability to create human embryo without any male genetic contribution – by transferring the nucleus of a somatic cell from one woman into an enucleated egg of another. In that case, the child would not have genetic father at all. Bearing in mind the new artificial reproduction technologies and their influence to legal rules of establishment of the family status of the child, it could be said that the legal principle of the autonomy of the parties is widened in comparison to material truth. People who wish to be parents become legal parents although they are not generic parents. Sometimes they cannot be genetic parents due to their infertility and sometimes because they are of the same sex. As a result of artificial reproduction technologies, a child could have a genetic link with one of the parents, only with a mother – in the heterologous insemination, only a father – as in egg donation and genetic surrogacy. The child could have genetic link with both of the parents – as in the gestational surrogacy, or it could have no genetic links with his/her legal parents – as in embryo donation. According to some European legislatures, it is possible for the child to have a mother and the other female parent, or a father and the other male parent. Surrogate mother, as well as donors of the genetic material, are not considered as parents. Radical change in social and individual perception of parenthood could accept the fact the child could have more than two parents with different roles (biological - genetic parents, gestational mother, social – legal parents).

Ugovor iz Lisabona - institucionalna reforma Evropske unije

Author(s): Jelena Ćeranić Perišić / Language(s): Serbian Issue: 2/2008

The paper deals with the Treaty signed at the European Council conference in Lisbon on 13th of December 2007. This reform Treaty, representing the consensus of twenty seven member states, introduces modifications both to the Treaty on European Union and the Treaty establishing the European Community. The solutions proposed by the Lisbon Treaty are mostly taken from the Treaty establishing a Constitution for Europe. After introductory notes with regard to the ratification procedures adopted by each member state, the author analyses the reasons for the EU reform. During the last decade, the European Union is facing challenges such as: enlargement of the European Union, democratization of the functioning of EU institutions and strengthening of the EU external position. In the first part of the paper, the author analyses the articles of the Lisbon Treaty devoted to the adjustment of the institutional functioning to the EU enlargement such as: distribution of electoral mandates in EU Parliament, composition of EU Commission and new voting rule at the Council of Ministers to facilitate the decision making. The second part of the paper is dedicated to the democratization of European Union which should be reached by strengthening of the role played by the European Parliament, raising the transparence of the functioning of the institutions, increasing the role of the national parliaments and creating the right of citizens’ initiative. In the third part the author analyses the clauses of the Lisbon Treaty related to the strengthening of EU external position which would be achieved by creating the post of High representative of the Union for Foreign Affairs and Security Policy who becomes also the Commission’s Vice-President, providing EU with a legal status and progressing towards a European Defence Policy. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of the EU reform in order to adapt the EU functioning to the modified circumstances on the internal and international level as well.

Miért sikeresebbek a svédek, mint a számik?

Author(s): Attila Dabis / Language(s): Hungarian Issue: 1/2016

The article analyzes the reasons why the Swedish community in Finland proved to be more successful, relative to the Samis, in implementing their political, social and economic aspirations. Parallel to the relevant scientific literature, the study is partly based on a fourmonth long research visit to Finland, conducted in 2015, April to July. The analysis found that the success of Swedish-speaking Finns is, to a large extent, the result of the peculiar historical development of the Finnish nation and the role of the Swedish speaking community in that process. Other relevant factors that contributed to Swedish success included better lobbying, a larger number of Swedes compared to Samis, as well as better representation in domestic and international institutions.

A külhoni magyarok nyelvi diszkriminációja az Unióban

Author(s): Petra Lea Láncos / Language(s): Hungarian Issue: 1/2016

The present article gives a critical account of the European General Court's judgment in the B.A. vs. Commission case. B.A., a Hungarian and Romanian dual citizen sought the annulment of the decision of European Personnel Selection Office (EPSO) which denied her the right to sit for the competition in her native language, Hungarian and refused to admit her to the oral test after she failed the test in Romanian. B.A. claimed that she had been afforded unequal treatment, since the fact that she was precluded from writing the test in Hungarian “placed her, on an objective view, at a disadvantage compared with her fellow citizens who had received their school and university education in Romanian.” The case and the arguments put forward by the parties provide a clear insight into the ambiguities surrounding the EU language regime as well as the difficulties faced by minorities whose mother tongue is both an official language of the EU and a minority language with no official recognition in the Member State in which it is spoken.

Választások Szlovákiában

Author(s): Krisztián Rákóczi / Language(s): Hungarian Issue: 2/2016

Ochrona danych osobowych w związkach wyznaniowych w świetle unijnego rozporządzenia nr 2016/679

Author(s): Michał Hucał / Language(s): Polish Issue: 20/2017

The issue of protection of personal data in religious communities will be subject of a significant change due to (EU) Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The new EU regulation introduces an important mechanism that forces churches to develop an internal data protection law and an independent supervisory authority. In practice this means strengthening the constitutional right to privacy in the largest churches based on their internal institutions, but also involves a risk of subjecting many smaller religious communities to public scrutiny. Many doubts regarding Article 91 presented by Polish commentators specializing in the protection of personal data show how important this issue and the preparation of changes are for religious communities.

XIV Ogólnopolskie Sympozjum Prawa Wyznaniowego pt. Prawo wyznaniowe formalne połączone ze Zjazdem Katedr, Zakładów i Wykładowców Prawa Wyznaniowego, Zielona Góra – Kęszyca Leśna, 8-10 maja 2017 r.

Author(s): Tadeusz Stanisławski / Language(s): Polish Issue: 20/2017