The Composition of Interests in Gmos Discipline in the EU and China Legal Orders: A Comparative Approach

2016 ◽  
pp. 11-45
Author(s):  
Nicola Aporti ◽  
Maria Eugenia Bartoloni ◽  
Angela Cossiri
Keyword(s):  
2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.


2016 ◽  
Vol 9 (14) ◽  
pp. 125-144
Author(s):  
Ksenia Smyrnova

This paper follows a comparative approach to the analysis of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. The aim of this paper is to assess the compliance of the Ukrainian competition authority’s (AMCU) analysis of the national electricity market with EU law enforcement practice. The latter arises from Ukraine’s wider duty to fulfil its international law obligation to comply with EU competition rules, based on Article 18 of the Treaty establishing the Energy Community also taking into account the interpretative criteria developed in EU case law (according to Article 94 of the Association Agreement between Ukraine and the EU). Article 255 of the Association Agreement, which clearly provides for the use of the principle of transparency, non-discrimination and neutrality when complying with the procedures of fairness, justice and the right of defence, also illustrates the necessity of carrying out research in this field. The paper examines notions such as: the dominance doctrine, market power definition, economic strength and collective dominance in the EU enforcement practice. Special attention is placed on enforcement practice in the electricity market. Since the scrutinised market inquiry constitutes the first investigation into the Ukrainian electricity market, there is no national practice on this issue yet. For this reason, the analysis follows a wide comparative approach towards the principles of collective dominance in the electricity market in Ukraine. The paper concludes that the AMCU’s approach to the regulation of the electricity market in Ukraine confirms the necessity to reform the system of state regulation in the wholesale electricity market and in the market of services for electricity transmission. In order to develop competition in the electricity market, it is also necessary to change the system for tariff and pricing policy formation on the part of the National Energy and Utilities Regulatory Commission of Ukraine and the Ministry of Energy and Coal-Mining Industry of Ukraine. Stressed is also the necessity to follow the approach and criteria of EU competition law with regard to the determination of market dominance. This requirement is stipulated by Ukraine’s international legal obligations arising from Articles 18 and 94 of the Treaty establishing the Energy Community and Article 255 of the Association Agreement between the EU and Ukraine.


2014 ◽  
Vol 4 (2) ◽  
pp. 134-149
Author(s):  
Tatyana Muravska ◽  
Alexandre Berlin

Abstract The European Union (EU) signed Association Agreements on 27 June 2014 with Georgia, the Republic of Moldova, and Ukraine. The Association Agreement (AA) is the EU’s main instrument to bring the countries in the Eastern Partnership (EaP) closer to EU standards and norms. For the citizens of the EaP countries to benefit from these agreements, a more in-depth knowledge of the EU and the EU Member States is required to be reflected in a comparative approach to European Union studies. We examine these implications on the need to expand and adapt, the content and approach to research and teaching European Union studies, with the transdisciplinary approach becoming increasingly dominant, becoming a modern tool for research in social sciences. This contribution aims to offer insight into the implementation of transdisciplinarity in the methodology of education and research as it is determined by current increasing global challenges. This approach should serve as a means of integrating a number of main goals as part of learning, teaching and research processes: strengthening employability of young people and preparing them for citizenship. We discuss the need for modernizing European studies in the EU Member States that could serve as an example for the EU Eastern Partnership countries. We conclude that the theoretical approach to European and related studies of other disciplines and their practical implications should always be transdisciplinary in nature and benefit from direct in-situ exposure and should be fully integrated in university curricula


2020 ◽  
Author(s):  
Gustavo Gonzalez-Quijano ◽  
Dorel Acsinte ◽  
Gheorghe Bostaca

The paper presents results of the new Social and Environmental Report of the European Leather Industry (SER 2020) that follows up on the exercise done in 2012. Based on an intensive survey amongst European tanneries, led by COTANCE and industriAll-European Trade Union, company data on social indicators and environmental parameters that reflect the performance of the tanning sector were collected. Companies’ data, anonymised and aggregated at national level and centrally computed at European level are presented and analysed, versus 2012 data, where appropriate (in terms of average values). Social Footprint of the EU Tanning Industry (employment contracts, age distribution in the EU force, staff retention, education, citizenship, gender balance) and Environmental Footprint of the EU Tanning Industry (chemical consumption, energy consumption, breakdown of energy sources, water consumption, removal of water pollution, waste generation, solvent consumption, costs and investments) are thoroughly discussed. Finally, Sustainability priorities / Ethical issues for the value chain and Objectives and challenges for the future are communicated in order to demonstrate the continuous striving of Europe’s leather sector towards excellence in social and environmental performance.


Author(s):  
Joseph Lacey

This introduction presents the central problematic of the book, justifies the comparative approach that is employed in later parts of the project, and outlines the main arguments developed throughout the work. The problematic is referred to as the lingua franca thesis on sustainable democratic systems (LFT), which predicts problems for democratic legitimacy and political identity formation for political communities that operate without a common language. As multilevel and multilingual political systems with claims to democratic legitimacy, Belgium and Switzerland are identified as two of the best available cases to test the validity of the LFT, with a view to informing the nature of and prospects for democratic legitimacy in the EU.


2020 ◽  
Vol 27 (3) ◽  
pp. 227-245 ◽  
Author(s):  
Juliet Carpenter ◽  
Moneyba González Medina ◽  
María Ángeles Huete García ◽  
Sonia De Gregorio Hurtado

This paper explores the dynamics of urban policy transfer in the European Union (EU), critically examining the process of Europeanization in relation to urban issues. The paper takes a comparative approach, analysing the evolution of urban policy and Europeanization in four member states: France, Italy, Spain and the UK from the 1990s up to the current Cohesion Policy period (2014–2020). Using an analytical framework based on three dimensions of Europeanization (direction, object and impact), we examine the extent to which urban policies are moving towards an integrated approach to sustainable urban development, as supported by the EU. The paper highlights the contradictions between processes of convergence through Europeanization, and path-dependent systems and trajectories that forge alternative paths. In doing so, it advances wider debates on the impact of Europeanization in a neo-liberal context by arguing that member states more likely to be affected by Europeanization are those most impacted by national austerity measures. A process of ‘variegated Europeanization’ is proposed to capture the differential practices taking place within the EU with regard to the circulation of the EU’s approach to urban policy.


2006 ◽  
Vol 11 ◽  
pp. 9-29
Author(s):  
Ana-Maria Stoian

This paper discusses the importance of norms and values in the transatlantic relations. Beginning with the values that shaped the transatlantic partnership at the end of the Second World War, the analysis questions the redefinition of transatlantic values at the beginning of the 21st century, emphasizing patterns of convergence and divergence. Using a comparative approach, the article presents values, norms and principles explaining the domestic and international behaviour of the US and the EU. The main argument of the paper is that there are not two different sets of values, a European and an American one, but a single transatlantic set of values (a Western one), with some distinct elements and approaches. There is not a great departure from the common matrix of values so that to endanger the US-European relationship indefinitely.


2011 ◽  
Vol 60 (1) ◽  
pp. 93-124 ◽  
Author(s):  
Michael Harker ◽  
Sebastian Peyer ◽  
Kathryn Wright

AbstractThe appropriate role of the courts in controlling the discretion of merger authorities has become one of the key issues in European merger law and policy in recent years. This article investigates judicial review of merger decisions, taking a comparative approach by examining cases from the EU, UK and Germany. We observe an apparent increase in the willingness of the EU and UK courts to scrutinize merger decisions, and a long-standing tradition of close scrutiny in Germany. In respect of the EU and UK, we consider agency theory offers a convincing explanation—that increased scrutiny is explained by the need to enhance the credibility of merger policy. In Germany, the constitutional basis of judicial review differs significantly, and the relatively close scrutiny exercised by the court is better explained by the very different constitutional context.


2021 ◽  
Vol 5 (2, special issue) ◽  
pp. 156-164
Author(s):  
Elton Tota ◽  
Bardhyl Hasanpapaj

Harmonizing national legislation with the EU acquis and developing capacities of the national competition authorities (NCA) remains a core element for increasing market competitiveness for the countries of the Western Balkans (WB). This research paper using a comparative approach while analysing data and information from a chronological point of view identifies the lack of progress of the Stabilization and Association Agreement (SAA) countries in the EU integration process. The paper identifies that most of the WB countries show similar shortcomings from the past which are still present and the progress achieved in this in the EU path is limited. The paper concludes that in order to achieve the targets defined in the SAAs the WB countries should enhance their efforts to not only approximate their legislation with the EU acquis but, in addition, establish appropriate mechanisms and increase the implementation capacities. The conclusions of the paper may be relevant for further researches regarding the more challenging issue as to why competition law in the WBs has not been sufficiently understood and developed in this region. Understanding and embracing the competition rules is important for economic development in general (Buccirossi & Ciari, 2018) while it contributes directly to the living standard of the citizens (Najdanović, Mladenović, & Tutek, 2019). This paper tries to contribute to this area of study which is not sufficiently studied as well and publications therein are not that many


Global Jurist ◽  
2017 ◽  
Vol 17 (3) ◽  
Author(s):  
Cesare Cavallini

AbstractThis article adopts a comparative approach to map a global context for the fundamentals of civil justice. In view of the acknowledged incomplete role of the EU regulatory framework in this respect, the article aims to discuss whether it would be useful and how it would be possible to find a shared space for civil justice, starting from the role of the judge to «find the law» as well as the notorious and universally recognised principle of «


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