scholarly journals European populism before the pandemic: ideology, Euroscepticism, electoral performance, and government participation of 63 parties in 30 countries

2021 ◽  
pp. 1-24
Author(s):  
Paul Taggart ◽  
Andrea L. P. Pirro
Keyword(s):  
European Integration ◽  
European Parliament ◽  
Significant Degree ◽  
The State ◽  
European Countries ◽  
The Right ◽  
Electoral Performance ◽  
Cross National ◽  
Populist Party

Abstract This contribution is conceived as a resource on the state of European populist parties before the outbreak of the COVID-19 pandemic. It reports on cross-national comparative findings generated by data collected from 30 European countries as to the state of populist parties in one calendar year (2019) and provides an extensive qualitative overview of the national cases. The article shows that while populist parties are preponderantly on the right, there is a significant degree of ideological variation among European populism. The data show significant diversity in their electoral performance but also that populist party participation in government is no longer a marginal phenomenon. The article ultimately elaborates on the various types of positions on European integration – from soft/hard Euroscepticism to lack thereof – and discusses the implications of their affiliation in the European Parliament.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

scholarly journals Social justice and the formal principle of freedom

2017 ◽  
Vol 28 (2) ◽  
pp. 270-284
Author(s):  
Olga Nikolic ◽  
Igor Cvejic
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
Significant Degree ◽  
The State ◽  
Legal Obligation ◽  
Free Society ◽  
Robert Nozick ◽  
Formal Principle ◽  
The Right ◽  
Friedrich Hayek

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

scholarly journals The right to private communication using telecommunication means: National and international legal aspects of protection

2019 ◽  
Vol 68 ◽  
pp. 01021
Author(s):  
Olexandr Panasiuk ◽  
Larysa Grynko ◽  
Anna Prokhazka
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Legal Aspects ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Private Communication ◽  
Criminal Proceedings ◽  
The Right ◽  
Case Basis

Today's challenges dictate the need to strengthen the national and international legal mechanisms for the protection of personal data and the right to private communication. However, considered rights are not absolute. Legitimate restriction of guaranteed rights is possible, since these means of communication are a powerful tool in the investigation and disclosure of hard/very hard crimes, including transnational ones, especially considering the terrorist threats to Ukraine and other European countries. The possibility of restricting human rights, arising from the guarantees enshrined in the European Convention on Human Rights and consistently enshrined in the ECHR, demands from the state the least compulsory guarantee while interfering with the rights of individuals – to act “in accordance with the law”. Law protection of personal data and right to privacy are researched in the context of peculiarities of conducting investigative (search), secret investigative (search) and other procedural actions in criminal proceedings, which concern access to some telecommunication means (e.g., smartphones). Taking into account different functional purposes of technical means of telecommunication, access and collecting of evidence contained therein, should be carried out on a case-to-case basis, in a different procedural form, considering specifics of telecommunication technologies in each particular case.

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

THE RESOLUTION OF EUROPEAN PARLIAMENT "ON THE IMPORTANCE OF EUROPEAN REMEMBRANCE FOR THE FUTURE OF EUROPE" FROM THE POINT OF VIEW OF WEB PORTAL "SPUTNIK ESTONIA"

2020 ◽  
pp. 38-44
Author(s):  
Daria I. Buldakova ◽  
◽  
Keyword(s):  
European Parliament ◽  
Point Of View ◽  
European Countries ◽  
Web Portal ◽  
Baltic Countries ◽  
The Future ◽  
Russian Media ◽  
Russian Politics ◽  
The Baltic ◽  
The Right

The article is about the coverage of European Parliament’s resolution “On the importance of European remembrance for the future of Europe” in the articles of web portal “Sputnik Estonia” which is a part of IIA “Rossiya segodnya” and is focused on the Baltic countries. The attitude on the Molotov–Ribbentrop Pact (that was signed in 1939 by USSR and the Hitler’s Germany) is analysed; this treaty is deeply condemned in the resolution and, oppositely, is justified by Russian politics and media. The articles of other Russian media contextually related to the topic are contemplated. The conclusion is about “Sputnik Estonia”’s propagandic matrix: the European countries are trying to rewrite the history what eventually may lead to the rehabilitation of Nazism. Russia is standing opposite to that and interpreting the Molotov–Ribbentrop Pact and the consequences the right way. It seems that this matrix geared towards the senior generation of the Baltics’ citizens grown up on Soviet traditions.

The Rise of Populist Right-wing Parties in the 2014 European Parliament: Election and Implications for European Integration

2017 ◽  
Vol 25 (3) ◽  
pp. 406-422 ◽  
Author(s):  
Chih-Mei Luo
Keyword(s):  
European Integration ◽  
Political Trust ◽  
European Parliament ◽  
Right Wing ◽  
Policy Makers ◽  
Policy Responses ◽  
Election Results ◽  
The Right ◽  
The Eu ◽  
Social Europe

The 2014 European Parliament (EP) election resulted in the rise of populist right-wing parties (PRPs). This paper aims to answer: why PRPs were able to rise in the 2014 EP election; what messages were delivered by the election results regarding European integration; and whether or not policy-makers addressed the messages correctly with the right policy responses? After examining the competing interpretations, this paper argues that a deep disillusionment and crisis of trust in the political establishment, which derived from the long neglect of deteriorating distributional justice and fairness in European integration, which became acute after the euro crisis mismanagement, explains the 2014 EP election results. This paper, accordingly, argues that policy redirection of EU economic governance and the addressing of a ‘social Europe’ are required to regain political trust. After assessing the policy responses taken by the EU, an economic Europe is expected to revive, but the required social Europe will still remain absent.

The Admissibility of Confessions and Real Evidence Obtained in Violation of Human Rights in Criminal Trials in European Countries: Analysing the Jurisprudence of the European Court of Human Rights

2019 ◽  
Vol 9 (3) ◽  
pp. 335-355
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The State ◽  
European Countries ◽  
European Convention ◽  
Human Rights Violations ◽  
Criminal Trials ◽  
European Court ◽  
Domestic Courts ◽  
The Right

The right to a fair trial is guaranteed under Article 6 of the European Convention on Human Rights. In an effort to protect this right, the European Court of Human Rights has, inter alia, set criteria to determine whether or not the admission of a confession in domestic courts violated the right to a fair trial. This jurisprudence also shows that the Court has established two broad guidelines that govern the admissibility of confessions obtained through human rights violations. The first guideline is that confessions obtained in violation of absolute rights and in particular in violation of Article 3 of the European Convention on Human Rights must be excluded, because their admission will always render the trial unfair. The second guideline is that a confession obtained in violation of a non-absolute right may be admitted without violating the right to a fair trial if the State had a compelling reason or reasons to restrict the right in question. The Court has also dealt with the issue of the admissibility of real evidence obtained through human rights violations. The purpose of this article is to highlight the Court’s jurisprudence.

The Right to Leave Any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law

2020 ◽  
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
The State ◽  
European Countries ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
Proportionality Test ◽  
The Right

Abstract This article shows the importance in human rights law of the right to leave any country, in light of increasing efforts by European countries of destination to prevent departures and to contain movement by enlisting countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and challenges in triggering its application. It assesses whether this right is opposable to destination countries, and finds two key challenges – first, meeting the requisite jurisdictional threshold, and secondly, as this is a qualified right, applying the proportionality test. The article examines the interplay between these difficulties. It argues that the jurisdictional threshold expresses a political and legal relationship between the duty bearer (the State) and the right holders (the individuals). This relationship enables us to operationalize the proportionality test – namely whether measures limiting rights are in accordance with the law and are proportionate.

scholarly journals Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions

2021 ◽  
pp. 26-34
Author(s):  
Mariya Mendzhul
Keyword(s):  
Public Awareness ◽  
Criminal Liability ◽  
Risk Groups ◽  
Food Delivery ◽  
The State ◽  
European Countries ◽  
Medical Services ◽  
Specific Situation ◽  
Public Catering ◽  
The Right

Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups. Ukraine has implemented all these measures, except for curfew and closure of all enterprises. Implemented measures in most countries have restricted: freedom of movement and peaceful assembly of citizens; the right to private and family life; protection of personal data; freedom of religion (most European countries and Ukraine have banned services and other religious ceremonies with gatherings); the right to medical care (in many countries, citizens have limited access to non-life-saving medical services, including dental, preventive medical services, non-urgent operations, etc.) and others. In the context of the fight against the COVID-19 pandemic, states relied on various types of measures, which allowed us to distinguish three models: "hard" model (USA and most European countries and Ukraine); the "minimum intervention" model (introduced in South Korea); the "maximum public awareness" model (in Sweden). The question of the proportionality of measures taken by the state to counter the COVID-19 pandemic may be considered by the ECtHR regardless of whether the state has made a declaration of derogation, and the establishment of a violation of a particular right will depend on the specific situation in the country, scope and length of applied measures, as well as their feasibility and effectiveness.

scholarly journals Spółki handlowe a znowelizowana ustawa o kształtowaniu ustroju rolnego – uwagi z praktyki notarialnej

2020 ◽  
pp. 63-86
Author(s):  
Małgorzata Muszalska
Keyword(s):  
Real Estate ◽  
Significant Degree ◽  
The State ◽  
Agricultural System ◽  
The Real Estate ◽  
Management Board ◽  
National Centre ◽  
Legal Situation ◽  
The Right ◽  
A Company

The article deals with the problems encountered by commercial companies and their partners related to applying the provisions of the Act of 11 April 2003 on the structuring of the agricultural system following the amendment to this Act, which came into force on 26 June 2019. These problems concern the acquisition of agricultural real estate by commercial companies and the disposal of shares and stocks in capital companies already owning such real estate. In the latter case, issues relating to the State Treasury’s (the National Agricultural Support Centre) pre-emptive right and the right to acquire shares and stakes are analysed. The problems here relate mainly to the new procedure introduced by the amendment in question, including new obligations for the company’s management board. Furthermore, there is a discussion of the right of the State Treasury to acquire real estate of partnerships in the event of a change of partner or the accession of a new partner to such a company, as well as the new right to acquire the real estate of a company whose shares are permitted for organised trading. The study advances the thesis that while several facilitating measures have been introduced regarding the acquisition of agricultural real estate by commercial companies, the procedure related to the sale of shares of these companies has been complicated and prolonged to a significant degree. An obligation has been imposed on the management board of a company to collect numerous written documents and send them to the National Centre when the latter has the pre-emptive right or the right to purchase shares or stocks. This impacts negatively on the legal situation of the shareholder whose rights are transferred due to the lack of a deadline by which the company’s management board should submit the agreement to the National Centre. At the same time, the new procedure significantly lengthens the proceedings, generates costs and, above all, is completely unnecessary, as most documents are available in an electronic form. The National Centre also has access to the remaining documents. The new regulations have equipped it with the authority to inspect the books and documents of the company whose shares are being sold.

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