scholarly journals INTERNATIONAL REGULATION OF MEDIATION IN THE EU

2021 ◽  
Author(s):  
Daniela Petrova ◽  
Keyword(s):  
Public Life ◽  
Legal Regulation ◽  
Member States ◽  
International Regulation ◽  
European Legislation ◽  
Eu Member States ◽  
Analytical Review ◽  
Similarities And Differences ◽  
The Individual ◽  
The Eu

The future in resolving disputes in all spheres of public life lies in mediation. The aim of the author of this article is to present the current relevant European legislation on mediation and how it has found application - transposition into the legislation of EU member states. After a comparative analytical review, highlight the similarities and differences regarding the legal regulation in the individual countries and point out the good legislative practices and the progress made by the EU member states.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

Part I Rationales for State Aid Rules, 2 Evolution of Aid in the EU: Classifying Different Types of Countries, and the Financial and Economic Crisis

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Economic Crisis ◽  
Aggregate Data ◽  
European Market ◽  
Member States ◽  
Eu Member States ◽  
Time Period ◽  
Single European Market ◽  
Similarities And Differences ◽  
Over Time ◽  
The Eu

This chapter examines the evolution of (non-crisis) aid in the EU-27 since 1992, which serves as a basis to assess the similarities and differences between the practices of granting aid in EU Member States. Aggregate data for the EU-27 as a whole suggests that Member States have given a smaller percentage of their GDP as aid over time, which might be regarded as reflective of the view that they are accepting the need for its reduction and its control in the single European market. While declining in the first half of the 1990s, aid levels peaked in 1997, only to be reduced by 1999. This can be explained based on the new regulations that were pursued during the time period, which resulted in broader definitions by the Commission and tighter control.

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 FORMAL SEPARATION AS A CONDITION FOR THE DISSOLUTION OF MARRIAGE IN THE LEGISLATION OF EUROPEAN UNION MEMBER STATES (DENMARK, IRELAND AND ITALY)

2019 ◽  
pp. 20-24
Author(s):  
O. Verba-Sydor ◽  
U. Vorobel
Keyword(s):  
Competent Authority ◽  
Legal Regulation ◽  
Member States ◽  
Eu Member States ◽  
Marriage Contract ◽  
Marital Property ◽  
Complete Rejection ◽  
Characteristic Features ◽  
The Individual ◽  
Regulation Model

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation). Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely: the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation; a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other; the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses; the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis; separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption. Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.

Age Equality after the Employment Directive

2003 ◽  
Vol 10 (1) ◽  
pp. 9-38 ◽  
Author(s):  
Helen Meenan
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Age Discrimination ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
Life Course Approach ◽  
The Usa ◽  
The Individual ◽  
The Eu

This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES

Social Law ◽  
2019 ◽  
pp. 52-57
Author(s):  
A. Korotkih
Keyword(s):  
Public Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Civil Servants ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Service Legislation ◽  
The Eu

The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.

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