Hasil untuk "Law of Europe"

Adam Shinar

Much has been written on the constitutional overhaul in Israel, and the attendant constitutional crisis in the first nine months of 2023. Since October 7, however, with the breakout of the Israel-Gaza war, the overhaul was seemingly shelved. This Article seeks to connect both events, by comparing the legal-political response to the overhaul with the legal-political response to the war. It asks why, given the intensity of the protest movement generated by the overhaul, there was a dearth of protest activity after the war, even though both events implicated similar values, namely the rule of law and individual rights, championed by the protest movement. I argue that a central reason for the disparity cannot only be explained by the dynamics of war but also due to the tensions and complexities inherent in Israel’s self-professed constitutional identity as a Jewish and democratic state. In particular, I argue that anti-overhaul protests appealed to liberal universalist values to garner bipartisan support, with the effect of bypassing substantive issues such as the occupation of the Palestinian Territories and discrimination faced by Israeli Palestinians. This explains the lack of Arab participation in the protests, as many perceived them to be an internal Jewish Affair. Thus, when post-war repressive measures mostly affected Israeli Palestinians, the protest movement failed to rally in their support. Although anti-overhaul protests could have brought about greater liberal consolidation in Israel, the relative lack of post-war mobilization casts lingering doubts on the possibility of long-term consolidation of liberal values in Israel. Attempts to depoliticize the protests, while perhaps successful in warding off the overhaul, and though impressive on their own, have likely failed in instilling deeper, more resilient, liberal values in Israel.

Katarzyna Krzysztofek-Strzała

Fundamental rights are those which, in the Constitution, provide protection for the most important rights and freedoms. Due to the nature of the People’s Republic of Poland, the guarantees provided by the Constitution of the People’s Republic of Poland of 1952 were essentially limited to the rights granted to citizens only. In socialist states, their role was reduced to defining the position of the citizens and their relations with the state. These were civil, political rights, granted by the state, and not recognized as inherent rights of every human being. In its original version of 1952, the Constitution contained in Chapter 7 a catalog entitled: Fundamental rights and duties of citizens. After the 1976 amendment, this was Chapter 8. As fundamental rights, the Constitution recognized the following: the right to work, the right to rest, the right to health care, the right to education, the right to enjoy cultural achievements, equal rights for men and women, the right of marriage and the family to be protected by the state, the right of the youth to be protected by the state, freedom of conscience and religion, freedom of speech, printing, assembly, rallies, marches and demonstrations, the right of association, equality of citizens regardless of nationality, race, or religion, the right to address complaints and grievances to state bodies, personal inviolability, the right to asylum of foreign citizens. The aim of this study is to characterize several selected fundamental rights introduced by the Constitution of the People’s Republic of Poland. The analysis will include: the right to work, the right to education, freedom of conscience and religion, freedom of speech, printing, assembly, rallies, marches and demonstrations, the right of association. The paper will present the way the above-mentioned rights were regulated in the Constitution and their interpretation in the socialist state. The method used in the work is the descriptive method.

Michèle Finck

Aurora Rasi

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1269-1291 | Article | (Table of Contents) I. Introduction: recent trends in the practice of the European Union concerning the protection of European citizens vis-à-vis a third State. - II. The quest for competence: arts 20 and 23 TFEU. - III. The quest for competence: the EU-UK agreements. - IV. The quest for competence: customary law on diplomatic protection. - V. Legal entitlement to exercise diplomatic protection under international law. - V.1. A functional interpretation of international law on diplomatic protection. - V.2. A functional notion of "nationality". - VI. The EU citizenship and the bond of allegiance. - VI.1. The founding Treaties. - VI.2. The practice of the European Union. - VII. The effects of the practice of the international organisations on customary law. - VIII. The effects of the practice of the Euro-pean Union on customary law. - IX. The actual scope of the effects of the practice of the European Union on customary law. - X. Concluding remarks: is there an individual right to diplomatic protection vis-à-vis the EU? | (Abstract) Recent international practice of the European Union features a certain attention to the need to protect European citizens whose interests have been affected by a breach of international law by a third State. Strikingly, this practice seems to find a more solid basis in international law than in EU law. This Article explores the actions performed by the European Union through the lens of customary international law on diplomatic protection. It aims at ascertaining whether these actions prompted a development of international law which entails that, in force of the European citizenship, the Union is entitled to protect its citizens.

Stanisław Lipiec

The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifications recognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualifi cation recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU’s qualification recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualifi cation without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.

Radić Irena M.

Directive (EU) 2019/1023 on restructuring and insolvency requires member states to ensure that, where there is a likelihood of insolvency, directors have due regard for the interests of creditors, equity holders, and other stakeholders. In this paper, the author analyzes the legal position and interests of creditors and other stakeholders when there is a risk of insolvency and briefly addresses the legal mechanisms of corporate law that are directed to protect the interests of creditors and other stakeholders. The author also analyzes the content of directors' duty as required by the Directive and the constraints and legal challenges of enforcement of the directors' duty to act in the interests of creditors and other stakeholders.

Karolina Boiret

The article explores the potential for new research into issues of state non-conformity as a result of increasing euro-skepticism in Europe. Relying on the Polish example, it suggests that a new attitude towards the EU has arisen which escapes traditional classifications and warrants a rethinking of established theories on sources of non-compliance. This attitude gives new context to the Commission’s existing enforcement practice and calls for a fresh look at its compliance instruments not only with respect to infringement cases but also in its dispute with Poland over the rule of law principle where the conduct of both parties seems to be symptomatic of their more general approaches.

N. A. Georgiou

INTRODUCTION. The article examines the extent to which the Union’s internal market can be said to have been externalised, given the extraterritorial implications of the Union’s internal energy market rules and regulations. In this respect, the article investigates the exercise and control of EU regulatory power beyond EU borders by examining the crossborder reach of the Union’s regulatory power beyond its boundaries given its implications for Gazprom and Russia’s interests on the European market. MATERIALS AND METHODS. The article pursues a doctrinal approach to the research methodology which includes the internal dimension of the Union’s energy policy and the extent to which the Union’s internal market regulation has been externalised and imposed on its external energy relations with Russia – this includes a detailed analysis of: (i) the Third Energy Package (TEP)’s ownership unbundling rules; (ii) the Third Country Clause; and (iii) the Union’s Competition law (given the recent decision of the EU Competition investigation of Gazprom’s sales in Central and Eastern Europe). RESEARCH RESULTS. A fundamental aspect of the EU’s rule-based market approach, is the perception that a fully liberalised and competitive EU market can facilitate energy security by way of enhancing diversification of suppliers. As such, the TEPs’ ownership unbundling; the Third Country Clause; and the EU’s Competition law have become significant mechanisms in the Union’s toolbox of instruments to further its rule- based approach and market-based agenda for the purpose of ensuring European energy security. The article illustrates the Union’s sectoral application of the acquis beyond its borders in its efforts to export its liberalization model and Europeanise its energy corridors in pursuit of European security of energy supply. DISCUSSION AND CONCLUSIONS. The article reveals a fascinating dimension to the Union’s role as a global actor by analysing the Union’s normative agenda which it pursues through the export of its acquis and rule-based market approach which it imposes on third countries and its strategic energy partner, Russia. In undertaking this analysis, the article shows that the EU’s efforts to reform Russia’s energy markets through its liberalization movement and European model, suggest an external dimension to its internal market rules given the implications for Russia and Gazprom.

Maria Morello

Il contributo intende analizzare il primo intervento dello Stato italiano, nella contrattazione privata e nella pratica dei rapporti tra datori di lavoro ed operai, posto in essere con la l. n. 3657 dell’11 febbraio 1886 a tutela del lavoro e dello sfruttamento minorile. Raggiunta da poco l'unificazione nazionale, la struttura economica del nostro Paese appariva, rispetto ad altre nazioni europee, ancora di tipo pre-industriale, e caratterizzata da pochi tentativi di passaggio dall'artigianato all'industria in determinati settori e solo nelle regioni del settentrione. Le condizioni dell'arretratezza dell'industria italiana, certamente poco sensibile alle esigenze di aggiornamento tecnico, hanno obbligato i datori di lavoro, costretti ad operare in un mercato fortemente concorrenziale e non garantito contro le merci straniere, verso le quali non era prevista alcuna forma di protezione, a sfruttare oltre ogni limite le condizioni più semplici, o per essere più precisi il basso costo del lavoro e l'assenza di protezione legale. Da qui un elevato quantitativo di forza lavoro infantile inserito (accanto a quella femminile: c.d. mezze forze) nel processo produttivo e utilizzato in lavori gravosi, nocivi e antigienici, con effetti praticamente deleteri dal punto di vista sanitario per le loro già tanto deboli condizioni fisiche, tra l'indifferenza dei datori di lavoro spinti prevalentemente dai loro interessi capitalistici a sfruttarli senza alcun vincolo legale, e la necessità sempre più impellente di tutelare questa manodopera.

Magdalena Pyter

The issues raised in the article concern the development of education law in England from the enactment of the School Sites Act of 1841 to the enactment of the Education Act of 1944 which was the first comprehensive education act in England. Firstly, the article presents the reasons behind the rapid development of English education in the second half of the 19th century. Furthermore, the paper delineates the influence of the economy and of the industrialization on the systematic dissemination of education. Particular attention was paid to the spread of education to the masses at the primary level and to the education of the poorest people. The article presents the successively enacted legislative acts and legislative work conducted on them in various types of committees (royal committees, government committees). Also, the results of the work of these committees is discussed, i.e. the reports prepared by the said committees which later were the basis of legislative acts.

Jakub Stolarek

Testament ustny (testamentum nuncupativum) w wybranych komentarzach Bartolusa de Saxoferrato i Baldusa de Ubaldis

Przemysław Krzywoszyński

Tatyana Tsymbal

The article presents the experience of philosophical comprehension of the Ukrainian immigration to Western Canada. We tried to analyze some major features of the first flows of emigrants from Ukraine at the end of XIXth – at the beginning of the XXth centuries, and the circumstances of the diaspora’s shaping from the perspective of existential rooting. We focused on the Ukrainian contribution to the public and political life of Canadian society. While stressing the scientific novelty of the research, we also tried to undertake a study founded on the idea of existential rooting. We examined main features of the Ukrainian immigrants’ integration in Canadian social and cultural space. Comprehension of this process reveals that Ukrainians came off as one of the most creative and productive nation. Ukrainian emigration as it is stated in the paper is a very complicated and multifaceted phenomenon, from definitions on out to different aspects of genesis, formation of Ukrainian emigration flows to North America in tot and to Western Canada particularly. Summing up we would like to underline that the problematic of emigration as in the Western so in Ukrainian historiography is characterized by richness of meanings and could provide a means for further researches, especially from an interdisciplinary perspective. Special attention is called to comparative analysis of Ukrainian diaspora’s integration in Canadian society along with similar processes of other diasporas in Canada.

Olga Vasylchenko

In the article a characteristic was given to rhetoric of Barack Obama’s administration on political events in Ukraine in 2014-2016, basing on the research of peculiarities of social perception formation, as well as of key features of the human mind. Within the framework of the research it was also illustrated how the Ukraine’s factor in Barack Obama’s foreign policy discourse is used, inter alia, as a means of strengthening the fundamental principles of the US policy on the world stage, as well as of promoting coordination and relations with the European partners, and especially – the NATO allies. All of the above was made possible after analysis of peculiarities of political nature of verbal acts, including that of top state leadership, which is aimed at updating certain psychological connotations of individual and group perceptions. Regarding the above, the power of influence of Barack Obama’s administration foreign policy discourse on shaping a picture of American society’s perception of political events in Ukraine for the indicated period was estimated. The latter, according to the author, significantly activates a set of meanings and feelings that are inherent in the current model of thought of Americans, thus confirming the role of metaphorical impact on managing relationships between actors within the global arena.

Mona Philomena Ladler

Eine ungenügende Compliance-Organisation stellt eine Sorgfaltspflichtverletzung der Geschäftsleiter dar. CMS-Standards, wie die Norm ISO 19600, bieten Hilfestellungen zur Ausgestaltung einer Compliance-Organisation und können daher das Haftungsrisiko der Geschäftsleitung reduzieren. In diesem Beitrag wird der Frage nach der Rechtsqualität von CMS-Standards nachgegangen. Es werden die Haftungsfolgen einer Zertifizierung einer Compliance-Organisation auf Basis von CMS-Standards untersucht und analysiert, ob die ordentliche Sorgfalt die Errichtung einer den CMS-Standards entsprechenden Compliance-Organisation gebieten kann.

Tanja Karakamisheva Jovanovska

Although there are numerous dilemmas, analyses and considerations concerning the EU's accession to the ECHR, the most general position is that it represents a huge step ahead in the development of the human rights within the EU, and issue to which the EU has been paying significant importance since the early seventies of the last century. Namely, the first general reference to the ECtHR can be found in the Nold case1 of 1973, as well as in the Rutili decision2, further confirmed in Johnston3 and Heylens4. The emergence and development of human rights protection in the Union must be attributed to a large extent to the ECJ’s “activist” case law, and to its gradual judicial dialogue with the ECtHR (Harpaz, 2009, 32, 126). It was only in the late eighties that EU Member States started considering the insertion of human rights provision in EU primary law (Rodean, 2012). The Single European Act (1986) contained a reference to human rights (and to the ECHR), at least in its preamble. The Amsterdam Treaty (1997) referred to respect for human rights as of the principles on which the Union is founded, and in 2000, the EU adopted its own comprehensive catalogue of human rights. Today, this practically unanimously confirmed need for EU's joining to the ECHR finds its legal grounds in the Article 59, paragraph 2 of the European Convention of Human Rights, which says that: "The EU can join this Convention", and in context of the Protocol 14 of the ECHR, put into force on 1 June 2010. Although the fundamental rights, as a general principle of the European Community Law, i.e. the EU Law, are recognised and enjoy protection by the European Court of Justice of the EU, already in 1960, through the known cases of Stauder and International Handelsgesellschaft5, it is still considered that it was with the Lisbon Treaty that the EU provided maximum protection of these rights. Namely, according to this Treaty, and in accordance with the EU Charter for Fundamental Rights, the human rights are more deeply and more profoundly determined as EU's core and essential values. The new establishment of the protection of the fundamental rights in Europe opened important issues and dilemmas about the relations between the EU legal order, the EU Charter and the European Court of Justice on one hand, and the ECHR, and the European Court of Human Rights case law, on the other. This paper will analyse the current issues related with the recent negative opinion issued by the ECJ concerning the draft-agreement for the EU accession to the ECHR despite the vast consensus for its acceptance by the Member States and by the European institutions that were present at the hearing on 5-6 May 2014. The debate on the role of the ECHR in EU law, and on the possible accession of the EU to the Convention, has actually intensified throughout the EU integration process.

Jacek Matuszewski

Życiorys i dorobek wybitnego historyka prawa skreślony ręką wytrawnego uczonego i kolegi.

Francis G. Snyder

V. Mak, Jurgen Braspenning

Examples of financial mistakes made by consumers lend support to the view that systematic mistakes of consumers exist in the EU credit market and that service providers respond strategically to these by redesigning their products. This paper seeks to determine how existing regulation can be improved to ensure consumer protection. Using insights from behavioural economics, this paper argues that financial literacy—that is, knowledge and understanding of complex financial products and skills to navigate the financial market—as a cornerstone for European financial consumer law is problematic. Current regulation is based primarily on information provision to consumers, which should enable them to make appropriate decisions about the risks and suitability of financial products. Although behavioural economics does not necessarily require legal intervention to take other forms than the introduction of information duties, the type of intervention is dependent on the design and needs of a particular market. The EU consumer credit market, in our view, demands more than the current regulation offers in terms of consumer protection. In particular, behavioural studies reveal that consumers generally do not have a sufficient level of financial literacy in order to enable them to make informed, rational decisions. Moreover, behavioural biases have a distorting influence on consumer decision making. The law as it stands, therefore, seems ill-equipped to offer protection to consumers and to prevent them from rash and bad decision making. Reviewing existing regulation and case law, we propose that in the EU law, the Consumer Credit Directive and the Markets in Financial Instruments Directive require updating in order to offer sufficient protection to vulnerable groups of consumers who, on average, have low levels of financial literacy.

H. Micklitz