scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

An Outline of the Legal Protection of Air in Poland and the European Union

2016 ◽  
Vol 8 (2) ◽  
pp. 0-0
Author(s):  
Marcin Jurgilewicz ◽  
Oktawia Jurgilewicz
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
International Law ◽  
Environmental Protection ◽  
Legal Protection ◽  
The European Union ◽  
European Union Law ◽  
Economic Transformations ◽  
Late Twentieth ◽  
Late Twentieth Century

Air Protection is clearly an issue regulated both under Polish, as well as international, law especially European Union law. The area of this regulation is part of wide-ranging environmental protection issues, the essence of which should be considered mainly in the light of the numerous socio-economic transformations of the late twentieth century, as well as the development of the structures of the European Union and the Polish membership of this organisation since 2004. Currently, the broad regulations on air protection have been amended many times already by the Act of 27 April 2001. Environmental Protection Law and implementing Acts issued on its basis, define first and foremost the principles for the protection of the environment and conditions for the use of its resources, taking into account the requirements of sustainable development and, in particular, the rules determining the conditions of conservation of the environment, the conditions for the introduction of substances or energy into the environment, the costs of using the environment as well as the responsibilities of authorities and responsibilities and sanctions. Its provisions do not apply to matters covered in nuclear law and in respect of the obligation to hold a permit, issue a decision on an acceptable level of noise, or pay fees in the case of conducting rescue operations, as well as the noise arising in connection with the widespread use of the environment. This article includes the issues of formation and characteristics of the current normative regulations relating to the protection of the air as part of the environment both in regard to Polish, as well as foreign, legislation.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

2. Copyright

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Public Interest ◽  
Copyright Law ◽  
Substantial Part ◽  
The European Union ◽  
Dramatic Works ◽  
Sound Recordings ◽  
Fair Dealing ◽  
The Public ◽  
Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

scholarly journals Sobre la (in)competencia de las instituciones europeas para reformar los sistemas públicos de pensiones nacionales a la luz del derecho de la UE y de los tratados internacionales = About the (in)competence of the European institutions to reform the public systems of national pensions in the light of the EU law and the international treaties

2018 ◽  
Vol 10 (1) ◽  
pp. 394
Author(s):  
Cristina Sánchez-Rodas Navarro
Keyword(s):  
European Union ◽  
Social Security ◽  
Old Age ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Public ◽  
Public Deficit ◽  
Legislative Reforms ◽  
The One

Resumen: En España, tras la crisis mundial económica y financiera de 2008, se han llevado a cabo importantes reformas legislativas a fin de controlar el déficit público y cumplir así no sólo con las disposiciones emanadas del Derecho de la Unión Europea sino también con los Tratados internacionales ratificados por nuestro país.Por su cuantía, las pensiones contributivas de jubilación constituyen la partida más importante de los Presupuestos Generales del Estado.Existe una generalizada creencia de que las restrictivas reformas en materia de pensiones españolas que se vienen promulgando en los últimos años son inevitables al venir impuestas por disposiciones emanadas de la Unión Europea y/o por Tratados internacionales.El objeto de este artículo es, por una parte, demostrar que la competencia para legislar en materia de Seguridad Social es, y sigue siendo, competencia exclusiva del Estado. Y, por otro lado, verificar cómo las reformas en materia de pensiones obedecen a iniciativas legislativas nacionales, en modo alguno impuestas por el Derecho de la UE o el Derecho internacional.Palabras clave: Unión Europea, Seguridad Social, pensiones contributivas de jubilación.Abstract: In Spain, after the worldwide economic and financial crisis of 2008, important legislative reforms have been carried out in order to control the public deficit and therefore will be able to comply not only with the provisions emanating from the European Union Law but also with the International Treaties ratified by our country.Due to their amount, contributory old-age pensions are the most important item in the General State Budget.There is a widespread belief that the restrictive reforms on Spanish pensions that have been enacted in recent years were inevitable because they were imposed by provisions emanating from the European Union and /or international treaties.The purpose of this article is, on the one hand, to demonstrate that the competence to legislate on Social Security matters is, and continues to be, the exclusive competence of the State. And, on the other hand, to verify how the last reforms in the field of pensions obey to national legislative initiatives, in no way imposed by European Law or international Law.Keywords: European Union, social security, contributory old-age benefits.

scholarly journals Efficiency of the Principle of Sustainable Development in the European Union Law

2019 ◽  
Vol 1 (1) ◽  
pp. 206-211
Author(s):  
Ewa Kozień ◽  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Point Of View ◽  
Sustainable Growth ◽  
The European Union ◽  
European Union Law ◽  
The Sustainable Development

Abstract The principle of sustainable development is one of the key principle of the European Union law. The principle of sustainable development has its source in the idea of sustainable growth, which is interdisciplinary in the nature and is based on the three basic aspects: economical, social and ecological. The aim of the paper is to analyze the European Union law from the point of view of the sustainable development principle and evaluation of the effectiveness of the principle in the European Union law.

Ecology and environmental protection: laws and realities in the USA, Russia and the European Union

2018 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
Legal Protection ◽  
The European Union ◽  
Environmental Legislation ◽  
Law Enforcement Agencies ◽  
University Professors ◽  
The Public ◽  
Wide Range ◽  
The Usa

The monograph is devoted to the comparative analysis of the current environmental legislation and the practice of its application in Russia, the USA and the European Union. The paper proposes a number of theoretical provisions and proposals for improving the legal protection of the environment in Russia. The book is intended for researchers, University professors, students, graduate students; politicians; employees of Federal, regional and municipal authorities and management, regulatory and law enforcement agencies, advocacy; specialists in industry, transport, construction, public services and other sectors of the economy; businessmen seeking to find new areas of business; as well as a wide range of readers interested in this problem and wishing to take an active part in the public environmental movement.

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