The Proposed European Public Prosecutor’s Office – from a Trojan Horse to a White Elephant?

2016 ◽  
Vol 18 ◽  
pp. 122-151 ◽  
Author(s):  
András CSÚRI
Keyword(s):  
National Level ◽  
Complex Model ◽  
Trojan Horse ◽  
Legal Systems ◽  
Low Level ◽  
European Public ◽  
Real Scheme

AbstractThe concept of a European prosecution service operating within a single legal area as proposed by the 1997 Corpus Juris study aimed to tackle impediments to the prosecution of budgetary fraud cases in the transnational context. Subsequent compromises shifted the focus of negotiations from creating a European prosecution service with uniform powers to the integration thereof into the divergent national legal systems. This paper analyses relevant documents up to the draft endorsed by the 2015 Luxembourg Presidency and concludes that the scene is set for autonomous and binding Union decisions to prosecute budgetary fraud at national level. Nonetheless, the low-level of Europeanisation coupled with an increasingly complex model and no real scheme to tackle the fragmentation of national criminal laws fail to enable effective and consistent prosecutions of EU budgetary fraud.

scholarly journals Legal Protection Model for Indonesian Migrant Workers

2018 ◽  
Vol 3 (02) ◽  
pp. 291-304
Author(s):  
Anis Widyawati
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Middle Eastern ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Systems ◽  
Level Of Education ◽  
Low Level ◽  
The Republic ◽  
The Government

The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.

Towards European Modern Societies with Health Systems That Are Able to Add More Years to Life, But Also to Add More Life to Years

2016 ◽  
pp. 228-255
Author(s):  
Androutsou Lorena ◽  
Androutsou Foulvia
Keyword(s):  
Public Health ◽  
Health Systems ◽  
Healthcare Access ◽  
National Level ◽  
World Population ◽  
Health Issues ◽  
Quality Healthcare ◽  
Public Health Policies ◽  
The Public ◽  
European Public

The political context in Europe is changing including health. Among the priorities in seeking to influence the future of healthcare is a renewed attachment to health for all, health in all policies and a better coordination between social and health policy. Health issues are by definition international, and Europe has a duty to extend solidarity to the wider world population, in strategy and in delivery. Ensuring equitable access to high-quality healthcare constitutes a key challenge for health systems throughout Europe. The chapter will emphasise the importance of European public health policies. The chapter will offer a real opportunity to address public health areas and values such as right to access to healthcare into the detailed mechanisms of European policy. The chapter will form a tool for health leaders, to enrich their knowledge in the public health spectrum from a European perspective, to support, promote and improve healthcare access at a national level.

EVIDENCE AND PROOF IN CIVIL PROCEDURE LAW OF UKRAINE: COMPLIANCE WITH INTERNATIONAL STANDARDS

2018 ◽  
Author(s):  
Anton Busakevych ◽  
◽  
Oleksandr Pryvydentsev ◽  
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Framework ◽  
Civil Procedure ◽  
International Standards ◽  
Legal Systems ◽  
Global Trends ◽  
European Court ◽  
Civil Proceedings ◽  
Evidence And Proof

The article is devoted to the consideration of the legal nature of the institution of proof in civil proceedings and the compliance of national norms with international standards. The legislative definition of the concept of evidence, enshrined in the Civil Procedure Code of Ukraine, is analyzed and some features of evidence in foreign countries are considered. The authors note that in order to conduct an effective comparative analysis of the evidentiary procedure in Ukraine and abroad, it is advisable to study the case law of the European Court of Human Rights, as one of the main institutions whose jurisdiction extends to all member states of the Council of Europe and improve national legislation and bring it into line with international standards. It should be noted here that in all legal families the institution of proof is the cornerstone of justice. The development of legal systems was due to the systematic reform of procedural legislation, the creation of new models aimed at meeting the requirements of the time. The European Court of Human Rights, using the traditions and features of common and continental law, has repeatedly stated that the future position of the court in resolving this conflict between the parties and making a reasoned decision depends on the quality and completeness of the evidence presented. The recommendations contained in the court decisions reflect the progressive trends of both legal systems and are aimed at strengthening guarantees of justice at the national level. According to the authors, the foundations have already been laid for the formation of a new perception of the institution of evidence in Ukraine, as its reform took place taking into account European standards of civil proceedings and under the influence of global trends in this area. However, this process is currently incomplete and needs to be intensified with the need to develop clear criteria for assessing evidence at the level of national law, which would apply the court to the case, as is the case in the Anglo-Saxon legal system. The authors draw attention to the fact that today in Ukraine it is appropriate to introduce a "standard of proof" in civil proceedings, i.e. the use of a balance of probability to assess the circumstances of the case. The article also analyzes the gaps in the legislation on the issue raised in the topic of the work, in particular, offers proposals for improving the legal framework of Ukraine to improve the procedure of proof in civil proceedings.

scholarly journals IMPROVING FINANCIAL LITERACY OF THE CHILDREN AND TEENAGERS IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Aidar M. Tufetulov ◽  
Chulpan M. Shavaleyeva ◽  
Nadia M. Sabitova ◽  
Timur I. Abdreev
Keyword(s):  
Financial Market ◽  
Russian Federation ◽  
Financial Literacy ◽  
National Level ◽  
Financial Education ◽  
Well Being ◽  
Children And Youth ◽  
Low Level ◽  
Training Materials ◽  
The Russian Federation

The issues of improving the financial literacy of the population are currently receiving a lot of attention both at the international and national levels. Of particular relevance are financial literacy issues for the Russian Federation. Due to the peculiarities of the country's historical development, for most citizens of Russia, issues of personal financial planning, the principles of the functioning of financial markets, the possibility of investing savings remain obscure, as a result of this, the population can not fully use modern financial products and services, does not know their rights in the financial market and unable to protect them in accordance with the law. It should be noted that the problem of a low level of financial literacy of citizens is a problem at the national level, since a low level of financial literacy negatively affects the personal well-being of citizens, their financial potential, and accordingly prevents the development of the financial market, inhibiting investment processes in the economy. Under these conditions, increased interest in issues of financial education and financial literacy of citizens of the Russian Federation is logical and, since 2011, the World Bank and the Ministry of Finance of the Russian Federation have actively implemented a project “Promoting Improving the Level of Financial Literacy of the Population and Development of Financial Education in the Russian Federation”. One of the most important areas of the project is to increase the financial literacy of children and youth. Since the start of the project, a range of training materials has been developed in this area, professional development of school teachers, teachers of orphanages, college teachers is provided, and weeks of financial literacy are held. The result of the events was a significant increase in the level of financial literacy of Russian schoolchildren. In this regard, the experience of the Russian Federation in improving financial literacy of children and youth is of great interest.

Towards European Modern Societies with Health Systems That Are Able to Add More Years to Life, But Also to Add More Life to Years

2016 ◽  
pp. 1358-1378
Author(s):  
Androutsou Lorena ◽  
Androutsou Foulvia
Keyword(s):  
Public Health ◽  
Health Systems ◽  
Healthcare Access ◽  
National Level ◽  
World Population ◽  
Health Issues ◽  
Quality Healthcare ◽  
Public Health Policies ◽  
The Public ◽  
European Public

The political context in Europe is changing including health. Among the priorities in seeking to influence the future of healthcare is a renewed attachment to health for all, health in all policies and a better coordination between social and health policy. Health issues are by definition international, and Europe has a duty to extend solidarity to the wider world population, in strategy and in delivery. Ensuring equitable access to high-quality healthcare constitutes a key challenge for health systems throughout Europe. The chapter will emphasise the importance of European public health policies. The chapter will offer a real opportunity to address public health areas and values such as right to access to healthcare into the detailed mechanisms of European policy. The chapter will form a tool for health leaders, to enrich their knowledge in the public health spectrum from a European perspective, to support, promote and improve healthcare access at a national level.

The European Public Sphere and the Deficit of Democracy

2000 ◽  
Vol 48 (1_suppl) ◽  
pp. 125-146 ◽  
Author(s):  
Reiner Grundmann
Keyword(s):  
Public Education ◽  
Public Sphere ◽  
National Level ◽  
European Identity ◽  
Democratic Deficit ◽  
European Level ◽  
Media Attention ◽  
European Public Sphere ◽  
European Public ◽  
The Media

This chapter explores a threefold European deficit: a democratic deficit, a deficit in European identity, and a deficit in the European public sphere. It argues that although interests such as social movements have most leverage at the national level, since this is the level at which the media are largely organised, the emergence of distinctively ‘European’ issues such as BSE means that national cycles of media attention are becoming increasingly synchronised. This makes it more likely that a homogenisation of issues and opinion will occur at the European level. This would favour the eventual emergence of a supranational identity. The creation of a European public sphere through the synchronisation and homogenisation of cycles of media attention on contentious ‘European’ issues is a more realistic prospect than direct attempts to create a ‘new European’ identity through public education or the legal system.

scholarly journals The implementation at the national level o the bank account information mechanism under the EAPO Regulation: a comparative analysis = La implementación del mecanismo de información sobre las cuentas bancarias de la orden europea de retención de cuentas: un análisis comparado

2020 ◽  
Vol 12 (1) ◽  
pp. 386
Author(s):  
Carlos Santaló Goris
Keyword(s):  
Comparative Analysis ◽  
National Level ◽  
Legal Systems ◽  
Bank Account ◽  
Member States ◽  
Wide Margin ◽  
Procedural Law ◽  
Account Information ◽  
Bank Accounts

Abstract: One the most praised aspects of the Regulation n° 655/2015 establishing a European Account Preservation Order is its mechanism to gather information about debtor’s bank accounts (Article 14). Situations in which creditors ignore the debtors’ banking details are not unusual. Through Article 14 tool creditors who have already obtained a title (enforceable or not) are entitled to request that information. However, the EAPO Regulation only lays down the skeleton and the main features of this instrument, conferring Member States a wide margin of manoeuvre to decide how to accommodate it in their respective domestic legal systems. Member States are allowed to select the authorities in charge of collecting the information and they can decide on how the information is gathered. This freedom is a source of divergence. The objective of this paper is to provide a comparative analysis on the information mechanism.Keywords: debtors, creditor, assets’ transparency, pecuniary claims, EAPO Regulation, bank accounts, European Civil Procedural Law .Resumen: Uno de los aspectos más alabados del reglamento n ° 655/2014 por el que se establece el procedimiento relativo a la orden europea de retención de cuentas, es su mecanismo para obtener información sobre las cuentas bancarias del deudor (artículo 14). No es inusual que los acreedores ignoren dicha información. A través de este nuevo mecanismo, aquellos acreedores que ya disponen de un título, pueden solicitar búsqueda de la información sobre las cuentas bancarias del deudor. Sin embargo, el reglamento únicamente establece las líneas generales del mecanismo, dejando a los estados miembros un amplio margen de maniobra para implementarlo en sus respectivos ordenamientos jurídicos. Cada estado puede elegir no solo las autoridades encargadas de realizar la búsqueda de información, también los medios a través de los que se obtiene la información. Esta libertad de la que disponen los estados miembros se ha convertido una fuente de divergencias a la hora de implementar el reglamento. El objetivo de este artículo es ofrecer un análisis comparado sobre el mecanismo de información.Palabras clave: deudores, creditors, transparencia patrimonial, crédito pecuniario, Reglamento OERC, cuentas bancarias, Derecho Procesal Civil Europeo.

scholarly journals What Do We Need to Resolve after Establishing the European Public Prosecutor’s Office in the Slovak Republic?

2021 ◽  
pp. 79-94
Author(s):  
Miloš Deset ◽  
Libor Klimek
Keyword(s):  
Electronic Monitoring ◽  
Slovak Republic ◽  
Mutual Recognition ◽  
Comparative Method ◽  
National Level ◽  
Data Gathering ◽  
The European Union ◽  
Criminal Proceedings ◽  
Eu Member States ◽  
European Public

Establishment of the European Public Prosecutor’s Office is a result of the European Union’s initiatives as a consequence of the fraud against its financial interests. Many questions beg consideration at the EU level as well as at national level of all EU Member States, including the Slovak Republic. The aim of the paper is the assessment of Slovak understanding of the European Public Prosecutor’s Office. The article’s focus comprises five crucial issues that need to be resolved in Slovakia. The first section points out at the process of adoption and implementation of the European Public Prosecutor’s Office. Consequently, the following section tackles with the question whether the European Public Prosecutor’s Office could be considered a law enforcement authority at national level. The third section is focused on number of the European delegated prosecutors and related competence and jurisdiction. While the fourth section is focused on the execution of evidence in criminal proceedings, the fifth section is focused on application of mutual recognition. At the outset of the contribution, the historical method of research was used, namely in regard to the genesis of the EPPO. The most frequently used method was the analytical method of research. This method was used in regard to the analyses and assessments of literary sources, legislation and implementation of electronic monitoring. Another frequently used method was the comparative method of research. Further, the synthetic method of research was used. Information gathered in order to elaborate the contribution was collected in particular through the three following gathering techniques. The first data gathering method was the review of scientific literature; the works of renowned authors was analysed. The second data gathering method was access to legislation. It should be highlighted that not only consolidated legislation was used, but also original versions were analysed, in particular in the case of historical issues. Third, research into official documents of European organisations was conducted, in particular documents of the European Union.

Administrative Justice Fin de siècle

2021 ◽  
Keyword(s):  
French Revolution ◽  
National Level ◽  
Administrative Law ◽  
Legal Systems ◽  
Public Authorities ◽  
Sovereign State ◽  
Standards Of Conduct ◽  
General Principles Of Law ◽  
The Uk ◽  
The Relationship

This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.

scholarly journals Mathematical modelling of animate and intentional motion

2003 ◽  
Vol 358 (1431) ◽  
pp. 475-490 ◽  
Author(s):  
Jens Rittscher ◽  
Andrew Blake ◽  
Anthony Hoogs ◽  
Gees Stein
Keyword(s):  
Visual Analysis ◽  
Human Action ◽  
Semantic Knowledge ◽  
Complex Model ◽  
Scene Context ◽  
Physical Description ◽  
Low Level ◽  
Main Challenge ◽  
Semantic Knowledge Base ◽  
Main Components

Our aim is to enable a machine to observe and interpret the behaviour of others. Mathematical models are employed to describe certain biological motions. The main challenge is to design models that are both tractable and meaningful. In the first part we will describe how computer vision techniques, in particular visual tracking, can be applied to recognize a small vocabulary of human actions in a constrained scenario. Mainly the problems of viewpoint and scale invariance need to be overcome to formalize a general framework. Hence the second part of the article is devoted to the question whether a particular human action should be captured in a single complex model or whether it is more promising to make extensive use of semantic knowledge and a collection of low–level models that encode certain motion primitives. Scene context plays a crucial role if we intend to give a higher–level interpretation rather than a low–level physical description of the observed motion. A semantic knowledge base is used to establish the scene context. This approach consists of three main components: visual analysis, the mapping from vision to language and the search of the semantic database. A small number of robust visual detectors is used to generate a higher–level description of the scene. The approach together with a number of results is presented in the third part of this article.

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