scholarly journals Internationalization and Multiple Discrimination: the Case of Employment Regulation

2017 ◽  
Author(s):  
Raimonda Bublienė
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Regulation ◽  
The Other ◽  
Equal Treatment ◽  
Private Companies ◽  
Member States ◽  
The Social ◽  
And Migration ◽  
Employment Equality

The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.

scholarly journals Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romski

2014 ◽  
pp. 82-101
Author(s):  
Wojciech Marcin Stankiewicz
Keyword(s):  
European Union ◽  
Civil Society ◽  
Ethnic Minorities ◽  
Strong Support ◽  
The Other ◽  
Common Phenomenon ◽  
The European Union ◽  
Mutual Respect ◽  
Member States ◽  
Difficult Road

The legislation of the European Union towards national and ethnic minorities - the case of RomaThe European Union is still in the stage of creating the system of protection of national and ethnic minorities. Attempts of the European Parliament to improve the situation in the European Union need research and reflection. Social integration is the most important plane guaranteeing European integration, which is the basis for the future functioning of the European Union. The European community, which will be characterized by a common identity, will not be made up of individual countries but nations retaining their own diversity. Despite many efforts of the European Union the situation of the Roma minority has not dramatically improved. The main reasons are insufficient actions by the European Union, corruption of officials, and lack of interest for the Roma community among the Member States. So far, the measures taken have not produced desired results, so it’s necessary to devote more attention to this issue. The European Union needs strong support from other EU institutions and civil society. The main problem that affects the Roma community is long and difficult road to integration and acceptance by the other citizens of the European Union. A common phenomenon is the reluctance to strangers who are victims of discrimination. Strongly rooted stereotypes, lack of tolerance for other cultures proves that even the best-designed programs, as well as initiatives from the European Union are not sufficient. First of all, there is a need for commitment and unforced intercultural education from both the Roma and the rest of society, which will lead to mutual respect for differences. The phenomenon of social exclusion of the Roma minority is often related to their lifestyle, habits and patterns different from the rest of the society. Help which is offered by the European Union and the Member States is generally perceived as an attempt to breach the culture of the Roma minority and replace it with another. That is why the European Union should develop a range of mechanisms and measures that may be accepted by the Roma. Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romskiUnia Europejska znajduje się dopiero na etapie tworzenia systemu ochrony mniejszości narodowych i etnicznych, jednak niezbędne będzie podjęcie wielu starań, debat oraz działań, w które koniecznie zaangażowane muszą być wszystkie państwa członkowskie. Próby podejmowane przez Parlament Europejski w celu poprawy sytuacji mniejszości narodowych i etnicznych w Unii Europejskiej mogą być odpowiednim impulsem do wstępnych refleksji. Pomimo wielu starań Unii Europejskiej oraz wykorzystania funduszy unijnych sytuacja mniejszości romskiej nie uległa dużej poprawie. Głównymi przyczynami są niedostateczne działania ze strony Unii Europejskiej, korupcja urzędników, a także brak zainteresowania społecznością romską państw członkowskich. Dotychczas podjęte działania nie przyniosły zamierzonych rezultatów, dlatego konieczne jest poświęcenie większej uwagi tej kwestii. Unia Europejska potrzebuje mocnego wsparcia innych instytucji unijnych oraz społeczeństwa obywatelskiego.

scholarly journals Optimization of justice: administrative offense cases in Russia

2021 ◽  
pp. 145-154
Author(s):  
O. V. Pankova
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
The Other ◽  
Social Significance ◽  
The Social ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Simplified Procedure ◽  
Special Rights ◽  
Administrative Penalty

The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.

scholarly journals APPROACH TO SOCIAL ENTREPRENEURSHIP IN SLOVENIA

2017 ◽  
Vol 5 ◽  
pp. 62-66
Author(s):  
Barbara Bradač Hojnik
Keyword(s):  
European Union ◽  
Social Entrepreneurship ◽  
Social Enterprise ◽  
Social Enterprises ◽  
The European Union ◽  
Member States ◽  
The Social ◽  
Further Development ◽  
Formal Status ◽  
Financial Environment

In this paper, social entrepreneurship as a developing type of entrepreneurship is analyzed. On the level of the European Union (EU), social entrepreneurship is widely supported by different initiatives which aim to develop a suitable legal, administrative, and financial environment for social enterprises, but also allowing member states to regulate them individually. This paper focuses on the social entrepreneurship in Slovenia, where it is strictly shaped by the legislation. Consequently, social enterprises need to meet the legislation’s requirements which hinder their quantity and development. Additionally, the scope of social enterprises is narrowed to those companies that received the formal status of social enterprise. In the paper provided will be the data on social enterprises in Slovenia with some recommendation for further development of the framework for social entrepreneurship in the country.

Article 262 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

scholarly journals How Sanctions on Russia Impact the Economy of the European Union

2015 ◽  
Vol 10 (3) ◽  
pp. 147-157 ◽  
Author(s):  
Christian Năsulea ◽  
Beatrice Nicolle Crețu ◽  
Diana Florentina Spînu
Keyword(s):  
European Union ◽  
Decision Makers ◽  
The Other ◽  
Accurate Assessment ◽  
The European Union ◽  
Private Companies ◽  
Invaluable Tool ◽  
Crimean Crisis ◽  
The Impact ◽  
The Eu

Abstract Although new sanctions have been imposed, to varying degrees, on Russia since the debut of the Crimean crisis, few experts are taking the chance of publishing an assessment of the impact these sanctions will have on Russia or the European Union. On one hand, the complexity of the variables involved makes it extremely difficult to predict the outcome of said sanctions; on the other hand, an accurate assessment would make an invaluable tool in the hands of decision makers, no matter if their decisions are made with regards to foreign policy, public policy or the daily business of private companies. This article sets out to examine the context, some of the variables involved and some of the forecasts that have been put forward by various experts, while trying to provide a simplified model for assessing the impact of sanctions enacted by the EU on its own economy.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

scholarly journals Equal treatment in agreements concluded between European Union and third countries

Ratio Juris ◽  
2020 ◽  
Vol 15 (30) ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Status ◽  
International Politics ◽  
Equal Treatment ◽  
The European Union ◽  
Economic Activities ◽  
Member States ◽  
Family Ties ◽  
Court Of Justice

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union (CJEU) which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit.

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