scholarly journals CURRENT AFFAIRS IN PASSENGERS RIGHTS PROTECTION IN THE EUROPEAN UNION

2018 ◽  
Author(s):  
Biljana Činčurak Erceg ◽  
Aleksandra Vasilj
Keyword(s):  
European Union ◽  
The European Union ◽  
Rights Protection ◽  
Current Affairs

scholarly journals Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

2020 ◽  
pp. 452-457
Author(s):  
Danylo Demchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Complete Understanding ◽  
Independent State ◽  
Association Agreement ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Status ◽  
The Subject ◽  
Official Evaluation

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

Some aspects of legal regulation in international law: human rights protection issues

2020 ◽  
pp. 479-495
Author(s):  
Madiyar N. Umbetov ◽  
Ermek Nurmaganbet ◽  
Kairat T. Bitemirov ◽  
Nursultan B. Kalkashev ◽  
Zhaksylyk R. Yeslamgaliyev
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Independent States ◽  
Model Of Practice

The relevance of the topic of the article is confirmed by the tendencies and dy-namics of the internal development of modern democratic states, the need for a comprehensive theoretical and legal study of the effectiveness of the practice of law in the mechanism of ensuring the constitutional rights of citizens. In the context of this, the aim of the article was to carry out a comprehensive comparative analysis of the legal regulation of practice of law in the territories of the Member States of the European Union and the Commonwealth of Independent States. The author's developments and conclusions resulting from scientific and legal research are summarised as follows: international and national law consolidates different approaches to the practice of law; the legal regulation of the process of entering into the profession of lawyer and the subsequent exercise of his lawyer's activity in the territory of the European Union has more detailed elaboration in the context of the realities of modern legal relations in comparison with Commonwealth of Independent States countries; a comparative analysis showed that a model of practice of law, regulated by the legislation of the French Republic, can be considered the most approximate to the idealistic.

Fundamental Rights Protection between Strasbourg and Luxembourg

2018 ◽  
Author(s):  
Katalin Ligeti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

scholarly journals The Essence of the Fundamental Right to an Effective Remedy and to a Fair Trial in the Case-Law of the Court of Justice of the European Union: The Best Is Yet to Come?

2019 ◽  
Vol 20 (6) ◽  
pp. 884-903
Author(s):  
Kathleen Gutman
Keyword(s):  
European Union ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
The European Union ◽  
Rights Protection ◽  
To Come ◽  
Effective Remedy ◽  
Judicial Protection ◽  
The Eu

AbstractThis contribution examines the developing contours of the essence of the fundamental right to an effective remedy and to a fair trial in the light of salient case-law of the Court of Justice of the European Union. It is divided into three main parts. The first part provides an overview of the meaning of the essence of fundamental rights in EU law and the scope of the inquiry in relation to Article 47 of the Charter of the Fundamental Rights of the European Union (“the Charter”). The second part evaluates the essence of the fundamental right to an effective remedy and to a fair trial in connection with justified limitations that may be placed on its exercise as provided for in Article 52(1) of the Charter within the framework of the EU system of fundamental rights protection, which in turn implicates the relationship with the Court’s case-law on national procedural autonomy, equivalence, and effectiveness. The third part delves into the essence of the fundamental right to an effective remedy and to a fair trial within the framework of the EU system of judicial protection, as illustrated by the Court’s case-law in several areas, including standing for individuals in direct actions before the EU courts, judicial independence, and restrictive measures in the Common Foreign and Security Policy. Through this analysis, the author argues that, while much awaits further refinement, certain recent developments in the Court’s case–law indicate that the essence of the fundamental right to an effective remedy and to a fair trial can play a meaningful role in the EU system of fundamental rights protection and the EU system of judicial protection more broadly, and thus the best may be yet to come as that case-law progresses in the future.

Cafébabel and ‘Génération Bataclan’: Cosmopolitan identities and/as constructive European news

Journalism ◽  
2018 ◽  
Vol 20 (4) ◽  
pp. 520-534
Author(s):  
Henrik Bødker
Keyword(s):  
European Union ◽  
Theoretical Foundation ◽  
Front Page ◽  
The European Union ◽  
European Project ◽  
Transnational Community ◽  
Constructive Conflict ◽  
Current Affairs ◽  
Constructive Journalism

The attack on the Bataclan Theatre in Paris in November 2015 arguably targeted a transnational community of youths able to move and convene freely; as such, it was an attack on the liberal and cosmopolitan core of the European project. Cafébabel (cafebabel.com), a multilingual current affairs online magazine co-funded by the European Union, is intricately linked to this project. This article consequently investigates how Cafébabel, in the aftermath of the attack, appropriated the notion of ‘Génération Bataclan’ from a front page of Libération and how this may be seen as a constructive intervention in the relations between terrorism and journalism in Europe. Cafëbabel’s coverage was, it will be argued, linked to efforts to reflect and/or construct a generational and transnational ‘cosmopolitan identity’ within journalistic practices that largely can be called participatory. Following this, the article consequently argues for seeing Cafébabel’s coverage as instances of constructive news as participation in the European project, which is related to how the outlet perceives the news by national legacy media as un-constructive (conflict, scepticism, nationalism, sensationalism, etc.). In analysing a sample of articles from Cafébabel following the Paris attacks, the article consequently employs a theoretical foundation that merges elements from writings applying three distinct concepts, namely, constructive journalism, journalism as practice and cosmopolitanism.

The Eastern Enlargement of the European Union: Challenges to Democracy?1

Human Affairs ◽  
2008 ◽  
Vol 18 (1) ◽  
Author(s):  
Darina Malová ◽  
Branislav Dolný
Keyword(s):  
European Union ◽  
Government Accountability ◽  
The European Union ◽  
Negative Consequences ◽  
Eastern Enlargement ◽  
Rights Protection ◽  
Division Of Powers ◽  
Policy Alternatives ◽  
The Impact ◽  
The Eu

The Eastern Enlargement of the European Union: Challenges to Democracy?Recent scholarship assesses the impact of the European Union's conditionality on democracy in Central and Eastern Europe in a contradictory way. On one hand, the EU is perceived as a key agent of successful democratic consolidation and on other hand, the return of nationalist and populist politics in new member states has been explored in the context of the negative consequences of the hasty accession that undermined government accountability and constrained public debate over policy alternatives. This article explains this puzzle of the ambiguous effects of the EU's politics of conditionality, which promoted institutions stabilizing the horizontal division of powers, rule of law, human and minority rights protection, but which neglected norms and rules of participatory and/or popular democracy.

Local law repercussions on EU extradition law

2017 ◽  
Vol 8 (2) ◽  
pp. 116-127 ◽  
Author(s):  
Rebecca Niblock ◽  
Anna Oehmichen
Keyword(s):  
European Union ◽  
Case Law ◽  
Fundamental Rights ◽  
Special Focus ◽  
Mutual Trust ◽  
The European Union ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
Local Law

The present article examines the developments of extradition law in Europe, with a special focus on case law in England & Wales and Germany. It explores the effects that the case law of the European Court of Human Rights and the Court of Justice of the European Union has had on extradition law within Europe, and how the tensions between mutual trust and fundamental rights protection in this area have been addressed by the two jurisdictions.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

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