scholarly journals Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romski

2014 ◽  
pp. 82-101
Author(s):  
Wojciech Marcin Stankiewicz
Keyword(s):  
European Union ◽  
Civil Society ◽  
Ethnic Minorities ◽  
Strong Support ◽  
The Other ◽  
Common Phenomenon ◽  
The European Union ◽  
Mutual Respect ◽  
Member States ◽  
Difficult Road

The legislation of the European Union towards national and ethnic minorities - the case of RomaThe European Union is still in the stage of creating the system of protection of national and ethnic minorities. Attempts of the European Parliament to improve the situation in the European Union need research and reflection. Social integration is the most important plane guaranteeing European integration, which is the basis for the future functioning of the European Union. The European community, which will be characterized by a common identity, will not be made up of individual countries but nations retaining their own diversity. Despite many efforts of the European Union the situation of the Roma minority has not dramatically improved. The main reasons are insufficient actions by the European Union, corruption of officials, and lack of interest for the Roma community among the Member States. So far, the measures taken have not produced desired results, so it’s necessary to devote more attention to this issue. The European Union needs strong support from other EU institutions and civil society. The main problem that affects the Roma community is long and difficult road to integration and acceptance by the other citizens of the European Union. A common phenomenon is the reluctance to strangers who are victims of discrimination. Strongly rooted stereotypes, lack of tolerance for other cultures proves that even the best-designed programs, as well as initiatives from the European Union are not sufficient. First of all, there is a need for commitment and unforced intercultural education from both the Roma and the rest of society, which will lead to mutual respect for differences. The phenomenon of social exclusion of the Roma minority is often related to their lifestyle, habits and patterns different from the rest of the society. Help which is offered by the European Union and the Member States is generally perceived as an attempt to breach the culture of the Roma minority and replace it with another. That is why the European Union should develop a range of mechanisms and measures that may be accepted by the Roma. Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romskiUnia Europejska znajduje się dopiero na etapie tworzenia systemu ochrony mniejszości narodowych i etnicznych, jednak niezbędne będzie podjęcie wielu starań, debat oraz działań, w które koniecznie zaangażowane muszą być wszystkie państwa członkowskie. Próby podejmowane przez Parlament Europejski w celu poprawy sytuacji mniejszości narodowych i etnicznych w Unii Europejskiej mogą być odpowiednim impulsem do wstępnych refleksji. Pomimo wielu starań Unii Europejskiej oraz wykorzystania funduszy unijnych sytuacja mniejszości romskiej nie uległa dużej poprawie. Głównymi przyczynami są niedostateczne działania ze strony Unii Europejskiej, korupcja urzędników, a także brak zainteresowania społecznością romską państw członkowskich. Dotychczas podjęte działania nie przyniosły zamierzonych rezultatów, dlatego konieczne jest poświęcenie większej uwagi tej kwestii. Unia Europejska potrzebuje mocnego wsparcia innych instytucji unijnych oraz społeczeństwa obywatelskiego.

Article 262 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

scholarly journals Internationalization and Multiple Discrimination: the Case of Employment Regulation

2017 ◽  
Author(s):  
Raimonda Bublienė
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Regulation ◽  
The Other ◽  
Equal Treatment ◽  
Private Companies ◽  
Member States ◽  
The Social ◽  
And Migration ◽  
Employment Equality

The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.

scholarly journals COVID-19 AND EUROPEAN UNION – THE ANSWER TO THE HEALTH CRISIS AS A WAY FOR RESUMING THE PROCESS OF EUROPEAN INTEGRATION

2020 ◽  
Vol 2 (2) ◽  
pp. 66-116
Author(s):  
Stelio Mangiameli
Keyword(s):  
European Union ◽  
Economic Consequences ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Health Crisis ◽  
European Institutions ◽  
The Face ◽  
The One ◽  
Economic And Financial Crisis

The essay starts from a comparison in the European Union between the economic and financial crisis of 2009 and the health crisis of 2020, due to the Covid-19 pandemic. In particular, the scarce capacity of Member States and European institutions to carry out the recovery of the economic European condition and transformation of the European government system after the 2009 crisis, despite the indications of the Commission's Blueprint (of 2012) and of the Report of the five presidents (of 2015). On the other hand, in the face of the health crisis, the reaction of the European institutions seemed more decisive with the creation of various instruments to combat the economic consequences of the Covid-19 pandemic. These include in particular the Recovery fund - Next Generation EU, linked to the 2021-2027 MFF. The reaction to the pandemic shows the possibilities of the European Union to create a community of States in solidarity and with its own identity also in the international scenario. However, it is by no means certain that this idea can prevail over the one that sees the European Union as simply a free trade organization between the Member States. The decisions that will be taken in the Conference on the future of Europe between 2021 and 2022 appear to be decided to define the evolution of the European Union.

scholarly journals PENSIJŲ KAUPIMO SUTARTIS: TEORINIAI IR PRAKTINIAI ASPEKTAI

Teisė ◽  
2014 ◽  
Vol 90 ◽  
pp. 72-100
Author(s):  
A. Daukšienė
Keyword(s):  
European Union ◽  
Union Member ◽  
The Other ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Pension Systems ◽  
Legal Nature ◽  
European Union Member States ◽  
Made In

Šiame straipsnyje jo skaitytojas (teisininkas, mokslininkas ar pensijų kaupimu besidomintis asmuo) supažindinamas su pensijų kaupimo sutartimi – šių dienų kontekste viena iš socialiai reikšmingiausių civilinių sutarčių. Pagrindinis straipsnio tikslas yra kvalifikuoti pensijų kaupimo sutartį, atskleidžiant šiai sutarčiai būdingus kitų civilinių sutarčių požymius. Taip pat autorė straipsnyje sprendžia bendrosios kompetencijos ir administracinių teismų kompetencijos atskyrimo problemą teismams nagrinėjant ginčus pensijų kaupimo srityje bei atskleidžia Konstitucinio Teismo jurisprudencijos įtaką pažeistų pensijų kaupimo sistemos dalyvių teisių gynybai. Be to, šiame darbe pateikiama trumpa Europos Sąjungos valstybėse narėse, įskaitant ir Lietuvą, įvykdytų pensijų sistemos reformų raida, siekiant visapusiškai atskleisti kontekstą, kuriame paskutinius kelerius metus veikia pensijų kaupimo sutarties šalys. This article introduces reader (who might be lawyer, academic or any other person who is interested in pension accumulation) to the legal nature of a pension accumulation contract which is one of the most and socially important civil contracts nowadays. The main aim of the article is to qualify pension accumulation contract and to reveal the specific features of pension accumulation contract from perspective of the other civil contracts. Moreover, the author pays attention to the problem of separation of civil and administrative courts’ competence by hearing disputes in the area of pension accumulation. As well as the influence of Constitutional court jurisprudence to defence of the violated rights of pension system’s participants are analyzed. In addition, this work also provides a brief overview of the pension systems reforms which were made in the European Union Member States (including Lithuania), with intention to disclose fully the context in which pension accumulation contract parties were acting in the last few years.

INTRODUCTION OF HIGHLY MORAL ASPECTS OF THE POLITICAL AND SOCIAL ORGANIZATION OF THE COUNTRIES OF THE EUROPEAN UNION IN THE NATIONAL SYSTEM OF INFLUENCE OF SOCIETY ON ACTIVITY OF LAW ENFORCEMENT

2017 ◽  
Author(s):  
Ilya Kiva ◽  
Keyword(s):  
European Union ◽  
Civil Society ◽  
Law Enforcement ◽  
State Regulation ◽  
The Political ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Equal Distribution ◽  
National System

The article considers the peculiarities of the introduction of high moral aspects of the political and social system of the European Union in the national system of public influence on the activities of law enforcement agencies. It is established that the implementation of legislative norms and provisions of the European Union in the legal system of Ukraine is the basis of the European course and further effective application of the principles of state regulation of law enforcement. It is substantiated that the activity of the police is subject to clear regulation both in the member states of the European Union and in Ukraine. Therefore, the organizational and legal support of public authorities in determining the procedure for recruitment, dismissal, receiving incentives for professional tasks corresponds to the principles of civil society. The public and its influence on law enforcement are correlated with law-centrism. It is noted that the influence of the community on the activities of law enforcement agencies is identified with respect for legal norms and regulatory framework. It is emphasized that decentralization, which is being introduced in the member states of the European Union, aims at equal distribution of powers between police bodies and, as a consequence, improvement of public law enforcement communication. In Ukraine, on the other hand, there are similar transformations in the legal framework of civil society cooperation with the police: the idea of decentralization corresponds to the Euro-Atlantic course, which is the guiding one, in the context of shaping state policy for Ukraine. It is pointed out that the process of perception by the police and structural units of law enforcement agencies of the European Union member states of the influence of civil society on the style of their functioning is a process of democratization of the socio-political system.

Sincere Cooperation and Respect for National Identities

2018 ◽  
Author(s):  
Barbara Guastaferro
Keyword(s):  
European Union ◽  
Legal Order ◽  
National Identities ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Vertical Division ◽  
The One ◽  
The Eu

Article 4 of the Treaty on the European Union is a core provision to understand the ‘federal’ nature of the European Union. It is composed of three paragraphs, any of which tries to strike a balance between the constitutive units of the composite legal order, namely the EU, on the one hand, and the Member States, on the other. The first paragraph enshrines the so-called ‘principle of presumed Member States competences’, according to which competences not conferred upon the EU remain to the Member States. The second paragraph requires the EU to respect Member States’ national identities, inherent in their fundamental political and constitutional structures. The third paragraph enshrines the principle of sincere cooperation. In this respect, all the paragraphs express a sort of ‘federal concern’. Article 4(1) TEU is devoted to the vertical division of competences and strengthens the respect of the principle of conferral, Article 4(2) TEU is devoted to the identities of the Member States of the EU thus protecting diversities in the composite legal order, and Article 4(3) TEU is devoted to loyalty, which, like in many federal or compound legal orders, should inform the cooperation among levels of government.

20. Free movement of payments and capital

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Monetary Union ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Free Movement Of Capital

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63–6 Treaty on the Functioning of the European Union (TFEU). It explains the scope of and exceptions to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles from the other freedoms. This chapter also considers briefly the provisions relating to monetary union and the developments in the light of the financial crisis.

Negotiating in the un General Assembly: The European Union and the Other Major Groups

2017 ◽  
Vol 12 (2-3) ◽  
pp. 249-255
Author(s):  
Ioannis Vrailas
Keyword(s):  
European Union ◽  
United Nations ◽  
Overwhelming Majority ◽  
Lisbon Treaty ◽  
The Other ◽  
General Assembly ◽  
The European Union ◽  
National Sovereignty ◽  
Member States ◽  
Un General Assembly

The overwhelming majority of the United Nations’ member states remain keen to preserve the traditional intergovernmental nature of the organization in the name of universalism, equality among states and national sovereignty. However, in most negotiating processes, delegations are increasingly content to take part through the groups or sub-groups of which they are members, rather than individually on a national basis. In this regard, the European Union (eu) sets the standards for both organization and effectiveness, especially since the entry into force of the Lisbon Treaty and the eu’s Special Observer status, granted by unga Resolution 65/276.

Sign in / Sign up

Export Citation Format

Share Document