scholarly journals CHALLENGES OF THE COMPETITION POLICY IN SERBIA AND OTHER WESTERN BALKAN COUNTRIES

2019 ◽  
Vol 34 (1) ◽  
pp. 147-152
Author(s):  
Boban Stojanović ◽  
Milan Ranđelović ◽  
Vladan Vučić
Keyword(s):  
Market Structure ◽  
Market Economy ◽  
Legal Regulation ◽  
Invisible Hand ◽  
The European Union ◽  
Market Anomalies ◽  
Balkan Countries ◽  
Antitrust Legislation ◽  
The One ◽  
Future Economic Development

Free and undisturbed competition, in terms of competing among the market participants to gain as much share as possible, is one of the cornerstones of the efficient functioning of a market economy, all with the aim of increasing social welfare. Due to the emergence and increase of numerous market anomalies, the market of perfect (complete) competition remains only a theoretically viable concept, while imperfect market structures and unequal market relations form are an economic reality. The market in some countries is developed as much as the competition. A competition must be encouraged and even protected with mechanisms and standards that are appropriate to the market economy. In this way the competition encourages an increase of market players performanses. In the process of accession of Serbia and other Western Balkan countries to the European Union one of the most sensitive and most complex economic problems is just related to the construction of a modern market structure. It is certain that the attitude towards the market and the development of competition should have a crucial role in the future economic development and the inclusion of these countries in trends on the single European market. In this sense it is a developed legal regulation which, on the one hand, encourages and helps to strengthen the competitiveness of enterprises in domestic and foreign markets, and on the other hand, with very rigorous sanctions discouraged and suppressing the creation of monopolies, effectively prevents all forms of distortion of competition, monopolistic tendencies (agreements), abuse of the dominant position in the market. The inherent aspiration to restrict competition in any way requires the establishment of an adequate legal and institutional framework. Forming an effective antitrust policy is a conditio sine qua non for the smooth operation of the "invisible hand" in the field of competition protection. Experience shows that in the transition countries the most complex issue is related to the construction of a competetive market structure in a function of ensuring an intense and effective competition between economic entities. Antitrust legislation is therefore particularly important in small open economies that are in pressure of globalization and local state and private monopolies. Among these countries are the Western Balkan states, which are the subject of the research of authors in this paper. Experience shows, and the current practice in Serbia fully confirm that just in the domain of creating the competitive market conditions show considerable resistance. Paper points out the shortcomings and the possible increase in the degree of efficiency of antitrust legislation in the Western Balkan countries.

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals Legal regulation of certain types of social leave in Ukraine and the EU

2020 ◽  
pp. 430-433
Author(s):  
Valeriia Petrova
Keyword(s):  
European Union ◽  
Parental Leave ◽  
Legal Regulation ◽  
Practical Implementation ◽  
The European Union ◽  
Labor Laws ◽  
Paternity Leave ◽  
Labor Legislation ◽  
Father's Rights ◽  
The One

Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.

scholarly journals Членството на България в ЕС – предпоставка или предизвикателство за повишена конкурентоспособност на международния товарен автотранспорт

2020 ◽  
pp. 143-151
Keyword(s):  
Market Structure ◽  
Market Economy ◽  
Motor Transport ◽  
Eu Membership ◽  
Transport Services ◽  
Short Survey ◽  
Pricing Factors ◽  
Basic Parameters ◽  
The One ◽  
The Eu

Bulgaria’s EU Membership – a Prerequisite or a Challenge to Increasing the Competitiveness of International Cargo Motor Transport The article studies Bulgaria’s cargo motor transport as the most dynamically developing transport in the country, following the economy changes in the 90s. Land automobile transport is the one that meets the requirements of Bulgarian economy the best after adopting the principles of market economy. The development of Bulgaria’s logistic potential also relies on motor transport. A short survey of the special characteristics of motor transport, which are a prerequisite for its preemptive development compared to other types of transport, is done. The motor transport services market is studied as a market structure according to the degree of competitiveness. The basic pricing factors are described and the influence of Bulgaria’s EU membership on them is analyzed. The effect of the EU membership is also traced in the basic parameters of motor transport – cargo flows, prices, delivery deadlines, company efficiency. The effect of these changes on the competitiveness of Bulgarian trade companies is also observed.

scholarly journals Application of the EU Law in Russian Courts in the Conditions of the Selective Interaction between Russia and the EU

2020 ◽  
Vol 15 (1) ◽  
pp. 142-150
Author(s):  
P. A. Kalinichenko
Keyword(s):  
Legal Regulation ◽  
Eu Law ◽  
The European Union ◽  
Cooperation Agreement ◽  
Bilateral Agreements ◽  
Judicial Practice ◽  
Political Relations ◽  
Selective Interaction ◽  
The One ◽  
The Eu

Political relations between Russia and the European Union have changed significantly since 2014. On the one hand, the new political realities are making the current situation in relations, even legally, not as cloudless and full of hope as it was 25 years ago when the Partnership and Cooperation Agreement between Russia and the EU was signed. On the other hand, bilateral agreements between Russia and the EU continue to operate and be applied by the parties in the new conditions of selective interaction between Russia and the EU.The paper is devoted to the transformation of the fundamentals of legal regulation of relations between Russia and the EU in the context of new political relations, characterized by the formula of "selective interaction" as well as the ongoing Europeanization of Russian judicial practice. The paper discusses the existing bilateral agreements between Russia and the EU, analyzes Russian jurisprudence related to the application of EU law and the use of the precedents of the EU Court. The article also focuses on the Europeanization of the practice of the EAEU Court.

scholarly journals Legal Regulation of the Emerald Network: National and Global Aspects

2018 ◽  
Vol 5 (2) ◽  
pp. 91-98 ◽  
Author(s):  
Olena Bevz
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
The European Union ◽  
Natural Habitats ◽  
Association Agreement ◽  
Legal Nature ◽  
History Of ◽  
International Obligations ◽  
The One ◽  
Definition Of

The article is devoted to the definition of the legal nature of the Emerald network, as well as to the issues of the formation of the Emerald Network in the context of Ukraine's international obligations. In particular, the history of the appearance of the term “Emerald Network” in international acts, the criteria and the procedure for designating territories of the Emerald Network is investigated. In addition, the article deals with the problems connected with the legal provision of the formation of the Emerald Network in Ukraine. It is emphasized that the adoption of the relevant legislation is foreseen by the international obligations of Ukraine as a Member State of Convention on the Conservation of European Wildlife and Natural Habitats and Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. The provisions of the draft Law of Ukraine "On the Territories of the Emerald Network” are analyzed.

scholarly journals In the Force Field of the Law: On Affect and Connectivity in the Casework of Forensic Architecture

2017 ◽  
Vol 18 (2) ◽  
pp. 423-440
Author(s):  
Christine Hentschel ◽  
Susanne Krasmann
Keyword(s):  
Force Field ◽  
Legal Regulation ◽  
The Political ◽  
Legal Regulations ◽  
The European Union ◽  
Political Aesthetics ◽  
Border Policy ◽  
The Law ◽  
The One ◽  
Critical Writings

Law needs a force; without its force, it would be nothing. This article proposes a conceptualization of the force of law as affective by examining the political aesthetics of “Forensic Architecture,” a project based at Goldsmiths, University of London. The novelty of Forensic Architecture's analytical approach arises, on the one hand, from its use of technologies of power that are otherwise employed by states and their military forces—thus reversing the direction of the surveillant gaze towards a disobedient practice of seeing and sensing. On the other hand, the notion of a “force field” operates as a particular critique of European border policy. The force of law appears to merge into, and at the same time emerge out of, a complex arrangement of technological devices, legal regulations, and human actions. This essay re-traces the political aesthetics of the “left-to-die-boat” case, where a boat filled with migrants was left without any assistance despite the legal regulation that obliges obliging seafarers to rescue anyone in distress in the Mediterranean Sea. Forensic Architecture's case-work unsettles human-centered “norms of representation” typically used in critical writings on the European Union (EU) border regime; instead, the law is demonstrated to be enfolded within an affective force field that operates with “touch” and “connectivity” and that allows us to see and sense the law in a newly pluralistic manner.

LEGAL REGULATION OF WASTE MANAGEMENT: IMPLEMENTATION OF EUROPEAN UNION LEGISLATION

2017 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Waste Management ◽  
Legal Regulation ◽  
State Regulation ◽  
The European Union ◽  
Association Agreement ◽  
Normative Documents ◽  
The One ◽  
Energy Community ◽  
The Eu

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.

scholarly journals Actual Tendencies in the Legislative Regulation of the Higher Education in Bulgaria

2021 ◽  
Vol 29 (1) ◽  
pp. 9-20
Author(s):  
Andriyana Andreeva ◽  
Darina Dimitrova
Keyword(s):  
Higher Education ◽  
European Union ◽  
Present Article ◽  
Legal Regulation ◽  
The Other ◽  
The European Union ◽  
Normative Analysis ◽  
Legislative Amendments ◽  
The One ◽  
Domestic Law

In the present article is made a normative analysis of the Bulgarian legislation in the sphere of higher education in the part of the recent legislative amendments. The reform in the in the area of higher education is a process, started directly after the democracy changes in the country, which encompasses several sub-stages. The authors focus towards examination of the actual amendments in the normative regulation and based on it point out the contemporary tendencies in this area. On the one side is examined the internal normative regulation, on the other side the Bulgarian higher schools are examined in the context of harmonization of the domestic law with the Law of the European Union. Based on the analysis are made conclusions and summaries, directed to the practical appliance and improvement of the legal regulation.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.

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