scholarly journals Unbundling in the field of generation, supply, transmission and distribution of electrical energy in the laws of Republic of Serbia and the European Union

2020 ◽  
Vol 58 (4) ◽  
pp. 98-111
Author(s):  
Isidora Nikolić-Savin
Keyword(s):  
European Union ◽  
Electric Energy ◽  
Electrical Energy ◽  
Electricity Sector ◽  
The European Union ◽  
Eu Legislation ◽  
The Republic ◽  
Transmission And Distribution ◽  
The Eu

This paper synthetizes provisions of the primary and secondary EU legislation, as well of the applicable Energy Act and decisions rendered by energy entities of the Republic of Serbia in relation to unbundling in respective energy activities, such as the generation, transmission and distribution of electric energy. A particular emphasis has been put therein on regulation of this issue by the EU Energy Packages and the consequent reorganization of the electricity sector in the Republic of Serbia. The text also discusses the modes of unbundling in horizontal and vertical terms and per its respective forms - established according to the nature thereof, i.e. unbundling in accounting, functional, legal and proprietal terms.

scholarly journals Legal reforms in the field of public health and the accession of the Republic of Serbia to the European Union - a review of regulatory standards

2019 ◽  
Vol 147 (7-8) ◽  
pp. 506-512
Author(s):  
Marta Sjenicic ◽  
Marko Milenkovic
Keyword(s):  
Public Health ◽  
European Union ◽  
The European Union ◽  
Legal Reforms ◽  
Eu Legislation ◽  
Regulatory Standards ◽  
Accession Process ◽  
The Republic ◽  
The Moment ◽  
The Eu

Accession to the European Union (EU) is a comprehensive process of reforms and harmonization of legislation with EU regulations, which must be accompanied by the implementation of EU standards. Although the EU competencies in the field of health care are limited, and health law does not represent a large part of the EU legislation, harmonization and further reforms are needed in a number of areas. The main focus of this paper is the negotiation Chapter 28 within the EU accession process, which covers a number of thematic areas in the field of public health encompassing various legislative and strategic acts of the EU. At the moment, the EU has still not opened the negotiations in this field with Serbia. In order to introduce health professionals in Serbia to current developments, the paper analyzes the most important aspects of alignment with EU legislation and the need for further regulatory reforms.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals The exports from the western Balkans countries to the EU: The main problems and recommendations

2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic
Keyword(s):  
European Union ◽  
Market Access ◽  
Supply Side ◽  
The European Union ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
Integration Strategy ◽  
The Republic ◽  
Trade Measures ◽  
The Eu

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.

scholarly journals Key milestones of the negotiating process on the accession of Croatia to the EU in 2007 – 2008

2018 ◽  
pp. 8-27
Author(s):  
Serhii Horopakha
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Negotiation Process ◽  
The European Union ◽  
Major Step ◽  
Consolidation Process ◽  
The Republic ◽  
Key Events ◽  
The Eu

On 1st July 2013, the Republic of Croatia officially became the 28th member of the European Union. This event marked the fulfillment of a foreign policy goal, along with joining NATO in 2009, as a major step forward in the country’s long-term consolidation process. The article therefore analyzes the key events of the Croatia – EU relations in 2007-2008, which moved this Balkan country closer to implementing its Euro-integration course. Particular attention is paid to the peculiarities of the pre-accession negotiations with the European Union, as well as to internal and foreign policy factors that had a direct impact on the Euro-integration dialogue between Croatia and the European Union. In this context, emphasis is placed on problem issues that slowed down the dynamics of the negotiation process to a certain extent, in particular the unilateral application by Croatia of the Ecological and Fisheries Protection Zone, and measures taken by the Croatian authorities to settle them. Significant achievements of Croatia in the negotiation process with the European Union are highlighted, in particular, progress of the country in meeting the European Union criteria as well as a date determination the of pre-accession negotiations completion as an important political sign of the European Union readiness to accept a new member in future.

scholarly journals Integration of Republica Moldova to the EU: Real Conditions and Perspectives (the 1990ʼs of the 20th – early of the 21st century)

2018 ◽  
pp. 287-295
Author(s):  
Halyna Melnychuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Development ◽  
Cultural Integration ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Existing Problems ◽  
The Republic ◽  
The Eu

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict

scholarly journals Accession to the European Union and Perception of External Actors in the Western Balkans

2018 ◽  
Vol 24 (83) ◽  
pp. 6-32 ◽  
Author(s):  
Dejan Jović
Keyword(s):  
European Union ◽  
Public Opinion ◽  
The United States ◽  
The European Union ◽  
Western Balkans ◽  
The West ◽  
Eu Policies ◽  
The Republic ◽  
External Actors ◽  
The Eu

Abstract This paper focuses on perceptions of the European Union (EU) and external actors (such as the United States, Russia, and Turkey) in six countries of the Western Balkans (WB) and Croatia in a comparative perspective. We present data generated by public opinion polls and surveys in all countries of that region in order to illustrate growing trends of EU indifferentism in all predominately Slavic countries of the region. In addition, there is an open rejection of pro-EU policies by significant segments of public opinion in Serbia and in the Republic of Srpska, Bosnia-Herzegovina. On the contrary, there is much enthusiasm and support for the West in general and the EU in particular in predominately non-Slavic countries, Kosovo and Albania. We argue that the WB as a region defined by alleged desire of all countries to join the the EU is more of an elite concept than that shared by the general population, which remains divided over the issue of EU membership. In explaining reasons for such a gap we emphasise a role of interpretation of the recent past, especially when it comes to a role the West played in the region during the 1990s.

Sejm i Senat wobec wyzwań Unii Europejskiej

2019 ◽  
Vol 2 ◽  
pp. 103-114
Author(s):  
Ilona Grądzka
Keyword(s):  
European Union ◽  
National Level ◽  
International Organization ◽  
Decision Making Process ◽  
Primary Role ◽  
International Level ◽  
The European Union ◽  
National Parliaments ◽  
The Republic ◽  
The Eu

The article’s goal is to present the consequences of Polish membership in the European Union (EU) for the functioning of the Polish Sejm and Senate at the national and international level. Polish accession to the European Union resulted in changes to the scope of competences of certain organs of the Republic of Poland. This was related to the transfer of specific state competences to an international organization and it applied, in particular, to the Polish Parliament (the Sejm and Senate) which has lost its primary role as legislator of laws applicable in Poland. In order to avoid the marginalization of national parliaments in the EU decision-making process, appropriate legal measures have been introduced at the national and international level. Additionally, after the Treaty of Lisbon entered into force, national parliaments have received new competences which allowed them to exist on the forum of the European Union. The article puts forward the thesis that the Polish Sejm and Senate have lost their position as main legislative bodies at the national level but, at the same time, they have acquired a new European function which can neither be qualified as traditionally understood legislative nor controlling functions.

Harmonization of the Ukrainian Legislation with the Legislation of the European Union with Regard to Trade Defence

2020 ◽  
Vol 82 ◽  
pp. 174-188
Author(s):  
Iuliia Lokshyna
Keyword(s):  
European Union ◽  
The European Union ◽  
Normative Documents ◽  
Eu Legislation ◽  
Eu Directives ◽  
The Eu

The issue of the necessity of approximation, adaptation or harmonization of the Ukrainian legislation with the EU legislation has been tackled by a number of scholars in Ukraine. A number of normative documents also paid considerable attention to this issue in general. However, there is still an issue of defining the most suitable term which would better purpose bringing legislation into conformity with the requirements of the EU. According to some scholars the notion “harmonization” could better reflect this process. This view is also shared by the author of this article. The article also discusses the importance and the need to pass new draft laws in the field of trade defence in Ukraine, in particular, regarding anti-dumping, countervailing measures and safeguards. Since some of the new articles correspond to similar provisions in the EU directives, this is viewed as an important step to harmonize the Ukrainian legislation with the legislation of the European Union in this sphere.

Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

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