scholarly journals Better regulation in the EU and its member states: experience for Ukraine

2019 ◽  
pp. 20-30
Author(s):  
Oleksandr Rudik

The article examines the experience of better regulation in the EU and its member states. The European Union and the 28 EU member states show a strong political commitment towards regulatory reform. In the European Union, regulatory policy has progressed under the better regulation agenda and played a crucial role in shaping the current regulatory processes. At the same time, all EU member states have adopted an explicit policy to promote the quality of regulations. To this end, the author analyses the key findings of the Organization for Economic Cooperation and Development (OECD) 2019 report «Better Regulation Practices across the European Union». In the report the OECD has analysed the application of all 28 EU member states’ regulatory management tools to EU-made laws and regulations. The article also gives examples of the best regulatory practices of the EU member states such as Austria, Belgium, Croatia, Germany, Ireland, Italy, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom. The article concludes that the experience of the EU and its member states in developing and implementing a better regulation policy, in particular the better regulation agenda, is beneficial for Ukraine. In this regard, the article highlights the following legislative and institutional components of this experience: stakeholder engagement in the process of policymaking and regulatory policy implementation by automatically publishing of draft regulatory acts and accompanying impact assessments on the specially designed interactive government portal; highlighting the preliminary and final stages of regulatory impact assessment of all regulations, except for deregulatory and low-cost measures, thereby taking into account stakeholder comments; regular and systematic conduct of ex ante and ex-post evaluation of laws and regulations on the basis of a specially developed sound evidence-based methodology; conducting of regulatory impact assessment and stakeholder engagement during the process of EU directives transposition into member states’ national legislation; introduction of systematic regulatory oversight and quality control of regulatory management tools, which should cover not only regulatory impact assessment practice but also stakeholder engagement.

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dmytro S. Melnyk ◽  
Oleg A. Parfylo ◽  
Oleksii V. Butenko ◽  
Olena V. Tykhonova ◽  
Volodymyr O. Zarosylo

Purpose The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as an example to learn from in the field of anti-corruption. The purpose of this study is to analyze and identify the main features of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the EU. Design/methodology/approach The following methods were used in the work: discourse and content analysis, method of system analysis, method of induction and deduction, historical-legal method, formal-legal method, comparative-legal method and others. Using the historical and legal method, the evolution of the formation of anti-corruption regulation at the supranational level was revealed. The comparative law method helped to compare the practices of the Member States of the EU in the field of anti-corruption regulation. The formal-legal method is used for generalization, classification and systematization of research results, as well as for the correct presentation of these results. Findings The main results, prospects for further research and the value of the material. The paper offers a critical review of key EU legal instruments on corruption, from the first initiatives taken in the mid-1990s to recent years. Originality/value In addition, the article analyzes the relevant anti-corruption legislation in the EU member states that are in the top 10 countries with the lowest level of corruption, namely: Denmark, Finland, Sweden, the Netherlands, Germany and Luxembourg.


2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Andreas Hadjigeorgiou ◽  
Elpidoforos S. Soteriades ◽  
Anastasios Philalithis ◽  
Anna Psaroulaki ◽  
Yiannis Tselentis ◽  
...  

This paper is a comparative survey of the National Food Safety Systems (NFSS) of the European Union (EU) Member-States (MS) and the Central EU level. The main organizational structures of the NFSS, their legal frameworks, their responsibilities, their experiences, and challenges relating to food safety are discussed. Growing concerns about food safety have led the EU itself, its MS and non-EU countries, which are EU trade-partners, to review and modify their food safety systems. Our study suggests that the EU and 22 out of 27 Member States (MS) have reorganized their NFSS by establishing a single food safety authority or a similar organization on the national or central level. In addition, the study analyzes different approaches towards the establishment of such agencies. Areas where marked differences in approaches were seen included the division of responsibilities for risk assessment (RA), risk management (RM), and risk communication (RC). We found that in 12 Member States, all three areas of activity (RA, RM, and RC) are kept together, whereas in 10 Member States, risk management is functionally or institutionally separate from risk assessment and risk communication. No single ideal model for others to follow for the organization of a food safety authority was observed; however, revised NFSS, either in EU member states or at the EU central level, may be more effective from the previous arrangements, because they provide central supervision, give priority to food control programs, and maintain comprehensive risk analysis as part of their activities.


2021 ◽  
Vol 900 (1) ◽  
pp. 012035
Author(s):  
P Polko

Abstract The European Green Deal (EGD) is a set of policy initiatives by the European Union with the overarching and ambitious aim of making Europe climate neutral in 2050. Being world’s first ‘climate-neutral bloc’ and fulfilling other goals extending to many different sectors, including construction, biodiversity, energy, transport, food and others has also an impact on different sectors of security. The implementation of the tasks set out in the EGD requires taking into account the necessity of sustainability in reaching the goals, including not violating sectoral security in the EU Member States. Nexus approach might be useful in the processes of finding and implementation of particular solutions.


Author(s):  
Artur Nowak-Far

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.


Author(s):  
Lenka Fojtíková ◽  
Michaela Staníčková

This chapter deals with application of Data Envelopment Analysis (DEA) method to multicriteria performance evaluation of the European Union' (EU) Member States in the reference period 2000-2015. The productivity of the EU countries can be seen as the source of national performance and subsequent international competitiveness. International trade, as a major factor of openness, has an increasingly significant contribution to economic growth and thus for competitiveness. The aim of the chapter is to analyse level of productive potential achieved by the EU Member States. The results confirm the heterogeneity that exists among the EU Member States as well as in the trade area. While the calculations show that productivity growth of foreign trade was significant in the case of the entire EU, but the significance of productivity in foreign trade was not the same in the case of individual countries.


2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.


2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.


2020 ◽  
Vol 28 (2) ◽  
pp. 146-154
Author(s):  
Ines Kersan-Škabić

The heterogeneity of economic performances in the EU member states is one of the main reasons for the existence of a “core-periphery” relationship. The goal of this research is to examine various economic indicators to reveal possible divisions between the EU members. This issue emphasized the contribution of rich “core” countries to the imbalances in poorer “peripheral” EU members. By applying cluster methodology and considering the most recent data, two groups of countries were identified, the first comprising 11 countries that form the “centre” or the “core”, and the rest of the EU forming the “periphery”. Considering differences between these countries is necessary and justified for discussions about the future development of the EU that will involve differences between member states.


2019 ◽  
Vol 11 (6) ◽  
pp. 1687 ◽  
Author(s):  
Lisa Hansson ◽  
Lena Nerhagen

International organisations, such as the Organization for Economic Co-operation and Development (OECD) and the European Union (EU), are seeking to implement a cohesive Regulatory Impact Assessment (RIA) system in order to achieve better regulation and increased unity and transparency. Central to these evaluations is the use of cost-benefit analysis (CBA) and related tools. A comprehensive analysis of the use of impact assessment in the EU shows that many assessments lack important economic components. This paper draws on an extensive document study of the Swedish policy making process related to the EU Directive 2009/28/EC on the promotion of the use of energy from renewable sources. The aim of the paper is to examine how CBA is presented, negotiated and accounted for by central actors within a policy setting influenced by negotiation and policy coordination. The paper departs from a theoretical perspective on policy coordination and shows how this factor must be considered when explaining the low use of CBA. It concludes that the Swedish policy tradition, wherein the national government relies on consensus-based coordination between agencies, might counteract a more explicit assessment of different policy options. The paper also proposes a model that can be used for further studies on CBA and policy coordination.


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