Hasil untuk "Law of Europe"

Judit Beck

This paper focuses on the English and German concepts of contract. Among other things, our aim is to examine the relationship between the concept of contract and imperial imperialism. In the course of the study, we examine the development and evolution of contract concepts, as well as some similarities and differences between English and German contract law. Among our aims is to show that there is a link between the development of the field of contract law and imperialism. In the course of the study, we will primarily apply the historical and comparative legal methodologies.

Selçuk Kahraman, Önder Kutlu

This paper intends to examine influence of the Council of Europe (CoE) in two major political parties of Turkiye through their election manifests during the first quarter of the 21st century. The ruling AK Parti and main opposition party, CHP, election manifests are reviewed via MAXQDA data analysis panel. As one of the founding member states of the Council Turkiye has got close ties with the organisation and this has impositions on the national politics. This being the case, the problem of how this area is put on the agenda and evaluated in terms of Turkish political life becomes important. The effects of the CoE on Turkish political parties are classified under eight headings. These headings are examined with the help of graphics as 8 subcategories: “law”, “fundamental rights and freedoms”, “foreign policy”, “public administration”, “fight against corruption”, “democracy”, “labour and social security” and “family and social policies”. Among these, “law” and “fundamental rights and freedoms” categories stand out as the most emphasized issues in the context of the CoE for both parties. Finally reveals that CHP and AK Parti priorities or emphases diverge on certain issues related to CoE. Thus, family and social policies for the CHP, and foreign policy and the fight against corruption for the AK Parti have defined the more prominent categories. Having examined the effects of the Council the paper draws a clear line of relations as far as the eight categories are concerned.

L. Bowker, Dorothy Kenny, Jennifer Pearson

Stephanie Jo Kent University of Massachusetts Amherst Multilingual, and Multicultural Education Commons, Business Administration, Management, and Operations Commons, Business and Corporate Communications Commons, Business Law, Public Responsibility, and Ethics Commons, Civil Law Commons, Civil Rights and Discrimination Commons, Communications Law Commons, Communication Technology and New Media Commons, Comparative and Foreign Law Commons, Controls and Control Theory Commons, Criminology and Criminal Justice Commons, Critical and Cultural Studies Commons, Cultural History Commons, Cultural Resource Management and Policy Analysis Commons, Curriculum and Social Inquiry Commons, Digital Communications and Networking Commons, Disability Law Commons, European History Commons, European Languages and Societies Commons, European Law Commons, Game Design Commons, History of Science, Technology, and Medicine Commons, Human Geography Commons, Human Rights Law Commons, Immigration Law Commons, Indian and Aboriginal Law Commons, Industrial Organization Commons, Inequality and Stratification Commons, Intellectual History Commons, Interactive Arts Commons, International and Intercultural Communication Commons, International Business Commons, International Economics Commons, International Law Commons, Interpersonal and Small Group Communication Commons, Labor History Commons, Law and Politics Commons, Law and Society Commons, Legal Ethics and Professional Responsibility Commons, Linguistic Anthropology Commons, Mental and Social Health Commons, Models and Methods Commons, Modern Languages Commons, Nonfiction Commons, Operational Research Commons, Organizational Behavior and Theory Commons, Organizational Communication Commons, Organizations Law Commons, Other American Studies Commons, Other Languages, Societies, and Cultures Commons, Peace and Conflict Studies Commons, Performance Studies Commons, Philosophy of Language Commons, Philosophy of Mind Commons, Philosophy of Science Commons, Policy Design, Analysis, and Evaluation Commons, Political Economy Commons, Political History Commons, Political Theory Commons, Politics and Social Change Commons, Psycholinguistics and Neurolinguistics Commons, Public Administration Commons, Public Affairs Commons, Public Economics Commons, Public Health Commons, Public Law and Legal Theory Commons, Public Policy Commons, Race, Ethnicity and Post-Colonial Studies Commons, Risk Analysis Commons, Science and Technology Law Commons, Science and Technology Policy Commons, Science and Technology Studies Commons, Social and Cultural Anthropology Commons, Social History Commons, Social Influence and Political Communication Commons, Social Policy Commons, Social Psychology Commons, Social Psychology and Interaction Commons, Social Welfare Commons, Social Welfare Law Commons, Sociology of Culture Commons, Speech and Rhetorical Studies Commons, State and Local Government Law Commons, Systems and Communications Commons, Systems Engineering Commons, Teacher Education and Professional Development Commons, Theory, Knowledge and Science Commons, Training and Development Commons, Transnational Law Commons, Typological Linguistics and Linguistic Diversity Commons, Urban Studies Commons, and the Work, Economy and Organizations Commons

Nikita Divissenko

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 665-687 | Article | (Table of Contents) I. Introduction. – II. Regulating innovation in the digitalised age. – II.1. Impact of regulation on innovation. – II.2. Crypto-assets as innovation: a moving target. – III. The regulation of crypto-assets in the EU. – III.1. The MiCA framework, its objectives and challenges. – III.2. Activity-and risk-based approach to regulating crypto-assets. – IV. Future-proofing the EU regulation of crypto-assets. – IV.1. The challenge of future-proofing a regulatory intervention in innovative markets. – IV.2. Activity-based regulation of crypto-assets: future-proofing the regulatory perimeter. – IV.3. Risk-based approach to regulating markets in crypto-assets. - V. Conclusion. | (Abstract) The 2023 EU regulation of markets in crypto-assets (MiCA) is a timely and ambitious response to the regulatory challenges of a fast-developing and technology-intensive field. The new regulation expands the regulatory perimeter, thus enabling EU-wide supervision of crypto-asset service providers and issuers of the so-called “stablecoins”. As such, the MiCA is in line with the key objectives of the 2020 EU Digital Finance Strategy: it updates the existing EU regulatory framework to facilitate digital innovation while protecting European consumers. “Same activity, same risk, same rule” approach is at the core of the MiCA regime. The new regulatory intervention, however, is to be put to test by the incessant technological and business model innovation within the crypto industry. Is this new regulation future-proof? This paper identifies and explores the two main points of vulnerability that often undermine the future-proof nature and, ultimately, the effectiveness of regulatory interventions in innovative sectors. First, it analyses the structures that define the scope of the new framework, and their capacity to adjust to and incorporate innovation falling outside of the regulatory perimeter. Second, the paper explores the mechanisms that ensure the regulatory and supervisory framework under the MiCA remains relevant and able to address the changes in the amplitude and sources of risks. Against this background, the paper discusses two features indispensable for a future-proof regulation: the openness of the regulatory perimeter, and the regulatory capacity for risk anticipation.

Seyed Ahmad Mir Mohamad Tabar

Introduction:Environmental crimes are one of the important topics of green criminology. Green criminology deals with crimes and damages that affect the environment, plants, and lives of domestic and wild animals. The results of various reports indicate that the 5 areas of illegal trade in wildlife, timber and forest trees, substances that destroy the ozone layer, discharge of hazardous waste, and illegal fishing outside of the prescribed time are among the most important and common types of environmental crimes in the world. Crimes against the environment are one of the major cases of environmental destruction that have now become important national and global issues. During the recent decades, many studies have been conducted to identify and explain environmental crimes though they have sometimes had conflicting and contradictory results, which create ambiguities in this issue. Due to the abundance and diversity of research conducted in the field of environmental crimes, a combination of research in this area, like a systematic review, is felt to be necessary. The main question of this research was as follows: What are the most important factors affecting environmental crimes?  Materials and MethodsThe research method of this paper was based on a systematic review and meta-analysis. The method of systematic review presents a summary of research results in the form of a table and uses the technique of counting opinions. It is a kind of summary of the existing literature and writings about a specific scientific topic, which uses certain methods to search the literature and critically evaluate each research. In addition to the systematic review, the meta-analysis method was used in this study. The term ‘meta-analysis’ means analysis of analyses. A particular topic may have been replicated in various ways by using, for example, differently sized samples and conducting research in different countries under varied environmental, social, and economic conditions. Sometimes, the results appear to be reasonably consistent; others less so. Meta-analysis enables a rigorous comparison to be made rather than focusing on a subjective 'eyeballing'. However, the technique relies on all the relevant information being available for each of the examined studies. If some crucial factors like sample size and methodology are missing, then, no comparison is feasible. Meta-analysis allows us to compare or combine results across a set of similar studies. The units of analysis in individual studies are individual observations. In meta-analysis, the units of analysis are the results of individual studies. Meta-analysis is an objective and quantitative methodology for synthesizing the previous studies and research on a particular topic into an overall finding.In meta-analysis, literature from written sources is placed in a systematic review to determine, based on previous studies, how much is the effect of one variable on another variable. Meta-analysis involves the results of studies as the unit of analysis, specifically results in the form of effect sizes. Obtaining these effect sizes does not require having access to the raw data, which are all-too-often unavailable. It is usually possible to compute these effect sizes from the data reported in papers resulting from the original, primary, or secondary analysis. Meta-analysis is a literature review to summarize the findings of various studies conducted on the same subject matter. It is used only when the examined studies are in the form of quantity studies.In this study, articles were reviewed by using a systematic review, in which topics, such as research method, used variables, and the geographical area or territory under investigation are addressed. After the systematic review, the effect size of each variable is assessed. The population of this study included almost all scientific papers with the subject of factors related to environmental crimes published between 2001 and 2021. Finally, 44 papers were selected and analyzed. For analyzing the data collected from the relevant research, the comprehensive meta-analysis software was used for meta-analysis statistical calculations after coding the data. Also, Cohen's table was applied for interpreting the effect sizes. Discussion of Results and ConclusionThe results of the systematic review showed that illegal wildlife hunters and then illegal wildlife dealers were among the most frequently investigated populations in the field of environmental crimes. Most of the research related to environmental crimes had been done in African regions. The regions of East Asia, North America, and Eastern and Western Europe were in the next ranks. The results showed that the process of law enforcement, market demand, and unemployment, compared to other variables, had a significant impact on environmental crimes.The findings revealed that the relationship between market demand and environmental crimes in the studies reviewed was positive and significant (effect size = 0.51). The relationship between unemployment and livelihoods and environmental crimes in the studies reviewed was positive and significant (effect size = 0.38) as well. These results demonstrated that the combined effects of the relationship between the process of law enforcement and environmental crimes in the reviewed studies were equivalent to 0.32, thus being positive and significant.

A. Guerreiro

INTRODUCTION. Over the past two decades, the Western bloc has intensified pressure on Russian Federation through attempts to expand its area of influence as well as to interfere in the domestic affairs of Eastern Europe countries. Russia's response to what it perceives as a threat to its interests has been met with recourse to all available means, including international criminal justice. This paper proposes the identification of legal proceedings brought in the last decade before the International Criminal Court and critically examines the possibility of triggering domestic jurisdictions against Russian or Ukrainian citizens associated with Russia, in order to assess the legality of the ongoing actions and the solutions that international law presents.MATERIALS AND METHODS. This paper first gives a brief overview of international justice cases started in the last decade against the Russian Federation and persons allegedly associated to Russian interests. It will then go on to focus the analysis exclusively on international criminal justice aspects, which are of interest because of the potential friction they may cause for international peace and security. Highlighting previous international courts decisions as well as the evolution of customary law, the fourth chapter is concerned with the activity of the International Criminal Court worldwide and the attempts made by the Western bloc to expand the jurisdiction of the Hague-based court in order to increase pressure over countries out of Western countries sphere of influence. After an inroad into the particular features and dangers of the principle of universal jurisdiction, the last two sections will explore the peaceful means to settle international disputes as well as the final thoughts on the main focus of this study.RESEARCH RESULTS. Having in mind customary international law, the inherent nature of treaty law and decisions derived from international judicial bodies, campaigns launched against the Russian Federation before criminal courts, regardless of whether they are national courts or they have an international mandate resulting from international treaties, are more able to aggravate the tension between Russia and the Western bloc than to settle any specific dispute between these two sides.DISCUSSION AND CONCLUSIONS. The results in this paper indicate that any unilateral attempt developed by a State or a group of States to pursue a campaign against third States and persons outside the UN environment in order to bring any of them to face justice under a specific group of States’ values and principles is deemed unlawful. Therefore, such State or group of States are only able to settle disputes through options that are less likely to increase the level of threat against international peace and security.

Ruven Fleming, R. Mauger

The article discusses recent developments concerning the most important European energy and climate law initiative at the moment, the ‘European Green Deal’. Details of the initial ‘European Green Deal’ have been discussed elsewhere in this journal. At its core are two components: the green transition of European societies on the one hand and the question how this may be organized in a just way, on the other hand. The article discusses recent developments concerning these ‘green’and ‘just’aspects and concludes with some critical remarks on the ways in which these ‘green’ and ‘just’ aspects of the ‘European Green Deal’ are being implemented into energy and climate law.

Konstantinos Alexandris Polomarkakis

This article puts forward a cohesive narrative to explain the contribution of European social policy to the judicial making of Europe. By making a case for the inclusion of social policy as part of the discourse on the constitutional practice of the Court of Justice of the European Union, together with focusing on a socio-legal deconstruction of four seminal social policy judgments of the Court (Defrenne II, Von Colson, Harz and Francovich), the article undertakes a systematic approach to tracing the contribution of the field, and more specifically of its labour and non-discrimination law strands. To formulate its socio-legal analysis, the article adopts an explanatory framework, which draws on Bourdieu’s concepts of capital and field, the theory of legal mobilisation and Moscovici’s minority social influence, and which is applied to the selected judgments as a case-study. The framework enables the analysis to shed light on the dynamics between stakeholders in the social dimension of the European legal field and to persuasively showcase how social policy case-law, despite its sui generis dynamics, merits to have a place in the conversations surrounding the transformation of Europe.

Moyra Grant

Contents: Introduction 1. The UK Parliamentary System 2. The House of Lords 3. The House of Commons: Law-Making 4. The House of Commons: Representing the People 5. The House of Commons: Scrutinising the Executive 6. The Parliament and the European Union 7. The Parliament and the Devolved Bodies of the UK 8. The Parliament and the Courts Conclusion: The Future of Parliament in an Age of Reform.

T. McBride

F. Scharpf

Michael L. Rustad, T. Koenig

Andrea Spagnolo

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 645-661 | European Forum Insight of 26 June 2020 | (Table of Contents) I. Introduction. - II. Framing the request for the preliminary ruling. - III. The AG Opinion and the Court of Justice's judgment. - III.1. The scope of application of Regulation 44/2001 from the viewpoint of public international law. - III.2. The immunity issue. - IV. The impact of the RINA Case on public international law. - IV.1. The methodology that lead to the identification of the customary rule on State immunity. - IV.2. The scope of that rule, in particular when the conduct of private actors and the distinction between acta iure imperii and acta iure gestionis are concerned. - V. Concluding remarks. | (Abstract) The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions. Building on the opinion of AG Spzunar and on the Court of Justice' judgment, the Insight argues that the decision will have an impact on the evolution of the law on State immunity towards a more limited scope of application. It also constitutes evidence of how the EU might contribute with its own practice to this end.

Oleh Mashevskyi, Olga Sukhobokova

In this publication, an overview of the American-Ukrainian collection of scientific articles and materials «Sharing America’s Story With Ukraine: The Voice of America’s Ukrainian Service, 1949–2019», presented in Ukraine and the United States is carried out. Collection, prepared on the initiative of the Department of Modern and Contemporary History of Foreign Countries of Taras Shevchenko National University of Kyiv, of the Ukrainian Museum-Archive in Cleveland and the Ukrainian Association of American Studies, dedicated to the 70th anniversary of Ukrainian Service «Voice of America». It first reviewed the history of the Ukrainian service «Voice of America» from the appearance of until now. Attention is accentuated in the most important milestones and aspects of its activities, in particular in the conditions of ideological and information struggle of the USA and the USSR in the Cold War, coverage of independent Ukraine, its socio-political transformations and revolutionary events of the modern time, the contribution of Ukrainian service «Voice of America» in the formation of Ukrainian democratic media, etc. Also the collection included general research on the history of service, an overview of the context of its work and research on several directors. Particularly valuable are the memoirs of Adrian Karmazyn about his almost 30-years work for the «Voice of America» and a number of documents of Soviet special services associated with Western radio voices. Articles included in the collection prepared primarily on the basis of unique documents on personal archives, as well as the Sectocal state archive of the Security Service of Ukraine, memoirs of participants in fateful events, the most significant video materials and publications placed on the official website of the Ukrainian service «Voice of America». The importance of the appearance of such publications, and in particular this collection certifies attention to it and positive reviews of Ukrainian and American scientists, media, representatives of the Ukrainian diaspora in the United States. As well as the spread of a collection on authoritative websites, for example, in one of the largest resources of the Ukrainian diaspora «Diasporiana.org.ua». And although the collection of articles and materials «Sharing America’s Story With Ukraine: The Voice of America’s Ukrainian Service, 1949-2019» came out quite voluminous, many aspects of the history of the Ukrainian «Voice of America» remained unproven and need further research. Thus, the publication should be considered as a peculiar foundation for a further purposeful comprehensive study of the history of the Ukrainian service «Voice of America», published in it articles and materials, undoubtedly will be useful to the next researchers. The presentation of the collection took place on February 12, 2020 at the Taras Shevchenko National University of Kyiv on the basis of the Department of New and Contemporary History of Foreign Countries. Members of the author’s team, teachers and students – аmericanists of historical faculty, correspondents of «Voice of America» took part in it, as well as in video conference – one of the compilers and editors of the collection Adrian Karmazyn from Washington and the director of the Ukrainian Archive-Museum in Cleveland Andriy Fedynskiy. During the discussion about the role and place of «Voice of America» in the Ukrainian and world information space, the presentation participants emphasized the relevance and prospects of further research of the history of its Ukrainian service.

Annamaria Viterbo

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 671-685 | European Forum Insight of 26 June 2020 | (Table of Contents) I. Introduction. - II. The Pandemic Emergency Purchase Programme (PEPP). - III. A message from Karlsruhe: is the PEPP on the verge of monetary financing? - IV. Conclusions. | (Abstract) After describing the measures adopted by the European Central Bank (ECB) to mitigate the crisis caused by the COVID-19 pandemic in the euro area, the Insight focusses on the repercussions of the controversial judgment adopted by the German Federal Constitutional Court (BVerfG) on 5 May 2020. It is contended that the criteria adopted by the BVerfG to assess the consistency of the Public Sector Purchase Programme with the monetary financing prohibition might lead to a future finding that the PEPP programme indeed circumvents the prohibition. While the BVerfG judgment is putting sand in the wheels of the ECB and is exposing the limits of the current legal framework, it might also prompt a leap forward in the European integration process.

J. Kornai

Kazakov O.I

The article describes the results of the annual survey of public opinion in Japan regarding the attitude of the Japanese to other countries and regions in 2018. The survey recorded a decline in sympathy of the Japanese to the USA and Russia. North Korea still remains a rogue State for Japan. The opinion polls of the Russians regarding their attitude to Japan and its territorial claims are also reviewed. Although the share of the Russians sympathizing Japan grew a little, the attitude to the transfer of a part of the Kuril Islands to Japan remains negative in Russia.

Ehrke-Rabel, Tina, Eisenberger, Iris, Hödl, Elisabeth et al.

Distribuierte Systeme, wie die Bitcoin-Blockchain, stellen das Recht vor neue Herausforderungen. Das disruptive Potenzial liegt ua im Fehlen einer zentralen, verantwortlichen Kontrollinstanz, an die das Recht traditionell anknüpft, und im Verschwimmen der Rollen von „ProduzentInnen“ und „KonsumentInnen“ innerhalb des Systems. Die Erzeugung von Kryptowährungen, wie Bitcoin, mittels „Proof of Work“ und die gleichzeitige Validierung von Transaktionen zwischen NetzwerknutzerInnen (sog „Mining“) ist ein Beispiel dafür, dass die rechtlich etablierten Kategorien heute für eine effiziente Rechtsdurchsetzung unzureichend sind. „Mining“ kann rechtlich zwar als Glücksspiel iSd österreichischen GSpG eingeordnet werden. Konsequenz dieser Einordnung sind allerdings Probleme beim Vollzug des anwendbaren Ordnungs-, Abgaben- und Strafrechts. Die Regulierung von „Peer to Peer“-Systemen erfordert neue Lösungsansätze, um staatliche Steuerungsfunktionen zu erhalten.

Martinico Giuseppe

This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that the ambiguous nature of the CoR is the consequence of the polysemous notion of ‘region’ in EU law (Palermo, 2005) and of the very heterogeneous approach to the ‘federal issue’ in Europe. In the second part of the article I look at the recent developments that have given the CoR new powers, for instance in light of Art. 263 TFEU in order to defend its own prerogatives and Art. 8 of Protocol No 2 on the application of the principles of subsidiarity and proportionality. This will be done by looking at a recent resolution of the CoR on a proposal made by the EU Commission to amend Regulation (EU) No 1303/2013. Finally, I deal with some proposals that have been advanced to strengthen the role of the CoR, and their feasibility.

M. Raiser, I. Gill

Europe's growth will have to be golden in yet another sense. Economic prosperity has brought to Europeans the gift of longer lives, and the continent's population has aged a lot over the last five decades. Over the next five, it will age even more by 2060; almost a third of Europeans will be older than 65 years. Europe will have to rebuild its structures to make fuller use of the energies and experience of its more mature population's people in their golden years. These desires and developments already make the European growth model distinct. Keeping to the discipline of the golden rule would make it distinguished. This report shows how Europeans have organized the six principal economic activities trade, finance, enterprise, innovation, labor, and government in unique ways. But policies in parts of Europe do not recognize the imperatives of demographic maturity and clash with growth's golden rule. Conforming growth across the continent to Europe's ideals and the iron laws of economics will require difficult decisions. This report was written to inform them. Its findings the changes needed to make trade and finance will not be as hard as those to improve enterprise and innovation; these in turn are not as arduous and urgent as the changes needed to restructure labor and government. Its message the remedies are not out of reach for a part of the world that has proven itself both intrepid and inclusive.