scholarly journals The Status under EU Law of Organisms Developed through Novel Genomic Techniques

2021 ◽  
pp. 1-20
Author(s):  
Piet VAN DER MEER ◽  
Geert ANGENON ◽  
Hans BERGMANS ◽  
Hans Jörg BUHK ◽  
Sam CALLEBAUT ◽  
...  
Keyword(s):  
European Union ◽  
Legal Status ◽  
Genetic Material ◽  
Genetic Alterations ◽  
Historical Background ◽  
Directed Mutagenesis ◽  
The European Union ◽  
The Status ◽  
Technical Status ◽  
Natural Recombination

In a ruling on 25 July 2018, the Court of Justice of the European Union concluded that organisms obtained by means of techniques/methods of mutagenesis constitute GMOs in the sense of Directive 2001/18, and that organisms obtained by means of techniques/methods of directed mutagenesis are not excluded from the scope of the Directive. Following the ruling, there has been much debate about the possible wider implications of the ruling. In October 2019, the Council of the European Union requested the European Commission to submit, in light of the CJEU ruling, a study regarding the status of novel genomic techniques under Union Law. For the purpose of the study, the Commission initiated stakeholder consultations early in 2020. Those consultations focused on the technical status of novel genomic techniques. This article aims to contribute to the discussion on the legal status of organisms developed through novel genomic techniques, by offering some historical background to the negotiations on the European Union (EU) GMO Directives as well as a technical context to some of the terms in the Directive, and by analysing the ruling. The article advances that (i) the conclusion that organisms obtained by means of techniques/methods of mutagenesis constitute GMOs under the Directive means that the resulting organisms must comply with the GMO definition, ie the genetic material of the resulting organisms has been altered in a way that does not occur naturally by mating and/or natural recombination; (ii) the conclusion that organisms obtained by means of techniques/methods of directed mutagenesis were not intended to be excluded from the scope of the Directive is not inconsistent with the negotiation history of the Directive; (iii) whether an organism falls under the description of “obtained by means of techniques/methods of directed mutagenesis” depends on whether the genetic material of the resulting organisms has been altered in a way that does not occur naturally by mating and/or natural recombination. Finally, the article offers an analysis of the EU GMO definition, concluding that for an organism to be a GMO in the sense of the Directive, the technique used, as well as the genetic alterations of the resulting organism, must be considered.

scholarly journals TELEPRACA JAKO PRZEDMIOT POROZUMIENIA RAMOWEGO Z DNIA 16 LIPCA 2002 R.

2017 ◽  
Vol 8 (1) ◽  
pp. 205
Author(s):  
Sylwia Karbowska
Keyword(s):  
European Union ◽  
Legal Status ◽  
Historical Background ◽  
The European Union ◽  
Framework Agreement ◽  
The Social ◽  
Social Partners ◽  
The Subject ◽  
Definition Of

Telework as the Subject of the Framework Agreement Dated 16 July 2002SummaryThis article deals with the rules of conducting a telework that were approved by the social partners at the European Union level in a form of an autonomous agreement.The first chapter describes the recent changes in work environment, including a dynamic development of modern information and telecommunication technologies, which have enabled an introduction of more flexible solutions to the organization of work a telework being one of them. It shows the circumstances in which the idea of a telework emerged as well as the increase in its popularity in the world.The second chapter covers the historical background of concluding the Framework Agreement on a telework in the light of the social dialogue development at the level of European Union’s institutions. The consultancy procedure for the social partners defined in the articles 137-139 of the Treaty Establishing the European Community was mentioned as the basis for concluding the autonomous agreements. The legal status of the Framework Agreement is also clarified therein.The third chapter describes the solutions adopted by the Framework Agreement, including a definition of a telework incorporating its internal differentiation, features of teleworking as well as the rules of conducting the telework according to European social partners.In the final chapter, the author raised the issue of implementing the rules of the Framework Agreement in selected countries of the European Union and emphasised the difficulties that have emerged.

scholarly journals Legal status of the citizens of third countries in the European Union

2006 ◽  
Vol 78 (9) ◽  
pp. 319-350
Author(s):  
Bernadet Bordaš
Keyword(s):  
European Union ◽  
Legal Status ◽  
Primary Source ◽  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Community Law ◽  
The Status ◽  
Scope Of Application ◽  
First Time

The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

scholarly journals Den Stier das Tanzen lehren?

2012 ◽  
Vol 42 (168) ◽  
Author(s):  
Andreas Fisahn
Keyword(s):  
European Union ◽  
Financial Market ◽  
Debt Crisis ◽  
Social Benefits ◽  
The European Union ◽  
German Government ◽  
Capital Movements ◽  
Authoritarian State ◽  
The Status ◽  
The Eu

The crisis of the European Union cannot be solved by austerity programs. Therefore a closer look at the reasons of the crisis seems to be reasonable, which includes a description of the development of the EU from 1951 to present times. The Union started as a tariff union and evolved through different steps to an order of competitive states. The main fields of competition between the states are taxes and social costs, which leads to tax dumping and a race to the bottom in social benefits. Starting in 1990 the EU achieved the status of an open financial market, with the duty of deregulation of capital movements being stipulated in Treaties. In the end the problem is not a debt crisis but a crisis of the structure of the European Union. The solution – which especially the German government prefers – may be the first step on the way to an authoritarian state.

scholarly journals The Islamic Movement in Israel: Ideology vs. Pragmatism

2021 ◽  
Vol 4 (1) ◽  
pp. 11-24
Author(s):  
David Schwartz ◽  
Daniel Galily
Keyword(s):  
Middle East ◽  
Technological Progress ◽  
Legal Status ◽  
Theoretical Background ◽  
Historical Background ◽  
Armed Struggle ◽  
Islamic Movements ◽  
Oslo Accords ◽  
Islamic Movement ◽  
The Status

This study aims to present the Islamic Movement in Israel, its ideology and pragmatism. With progress and modernization, the Islamic movements in the Middle East realized that they could not deny progress, so they decided to join the mainstream and take advantage of technological progress in their favor. The movement maintains at least one website in which it publishes its way, and guides the audience. Although these movements seem to maintain a rigid ideology, they adapt themselves to reality with the help of many tools, because they have realized that reality is stronger than they are. The main points in the article are: The Status of Religion in Israel; The Legal Status of Muslim Sharia in Israel; Personal status according to Israeli law; The establishment of the Islamic Movement in Israel – Historical Background; The crystallization of movement; Theoretical Background – The Theory of Pragmatism; Ideology and goals of the Islamic Movement in Israel; The background to the split in the movement – the opposition to pragmatism; How the ideology of the movement is expressed in its activity? The movement’s attitudes toward the Israeli elections, the Oslo Accords and the armed struggle against Israel; How does pragmatism manifest itself in the movement’s activities?

scholarly journals Ukraine: The Main Political Results of the Year

2021 ◽  
pp. 43-60
Author(s):  
E. Tsedilina
Keyword(s):  
European Union ◽  
Energy Resources ◽  
Political Crisis ◽  
The European Union ◽  
Outer Contour ◽  
Full Member ◽  
Parliamentary Elections ◽  
The Status ◽  
Nord Stream ◽  
Military Development

In 2021 in Ukraine as a result of several objective reasons prerequisites were formed for a serious internal political crisis. Problems related to the shortage of energy resources may become a catalyst for negative processes in the economy and politics which will most likely lead to early parliamentary elections. In the south-east of the country, the Ukrainian leadership is deliberately escalating the conflict, which may lead to the resumption of active hostilities in the region. On the outer contour, Kiev’s Western partners continued a military development of Ukrainian territory, although they are still in no hurry to grant Ukraine the status of a full member of NATO. There have also been no changes in the country's relations with the European Union. Fearing the undesirable consequences of the launch of the Nord Stream 2, Kiev continued to actively fight for the preservation of gas transit through its GTS.

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