This article provides a study of the legal regulations of the European enforcement order and the uniform enforcement of judgments without the exequatur procedure, which have been in place between the member states of the European Union for five years already. In the Lithuanian civil procedure law it details the implementation of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 for creating a European Enforcement (...) Order for uncontested claims in the national law of Lithuania. The aforementioned legal act of the European Union has been implemented in Lithuania with the adoption of the Republic of Lithuania Law on the Implementation of the European Union and International Legal Acts regulating civil procedure of 13 November 2008. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some (...) EU Member States, as well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has (...) ensured the proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal _formants_ and as _signs_ and _meta-concepts._. (shrink)

This article analyses implementation of freedom of assembly within Lithuania and in some other States of the European Union. Attention is paid to the differences in the implementation practices for this freedom while analysing probability of restriction of freedom of assembly in the light of legal, political and social factors. The article aims to substantiate that the quality of decision while adopting spreading ideas and expressed views during peaceful meetings, or adopting them later, or dismissing in general, is (...) determined by the democratic society being formed in the state during a particular period. On the other hand, although physical restriction of diffusion of ideas while implementing freedom of assembly is legitimate, it should not become the main control tool, since the development of the state in this direction is absolutely opposite to the expansion of democratic ideas in the society. Legal education should become the priority area of the policy conducted by the state. Particularly since this priority provides the security for the spread of best practices in democratic states, thus laying the grounds for effective prevention of expression of illegal behaviour. Such illegal behaviour may occur in the form of incitement of hatred and aggression in respect of persons who have different faith, race, nation or sexual orientation. The article substantiates that the real challenge faced by the modern democracy is security for practical implementation rather than the formal recognition and regulation of rights and freedoms. It has been found in practice that the implementation of freedom of assembly can be faulty restricted by the procedural justice. After evaluating experience of the States of the European Union and the way in which their national legal system is structured, the recommendations are made enabling a timely dispute settlement concerning the right of assembly, i.e., in order to prevent decision making process from becoming an obstacle for the implementation of freedom of assembly. It is pointed out that settlement of the dispute concerning the permission to hold a peaceful assembly after the date of the assembly is pointless and denies social importance of right of the assembly. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed (...) at international level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

The idea of the rule of law is central in the European Union’s conception of itself, and stands as one of the most important political criteria of the enlargement process. Some clarification of this core concept is essential if it is to play a meaningful role in enlargement and, indeed, if we are able to make a judgement about whether the criterion is substantive or merely rhetorical. In other words, what purpose must the rule of law serve within (...) a state, beyond the rather trite beliefs that the law rather than individuals rule, and that no one is above the law, if a state is to be admitted to the European Union of states? I want to suggest that its principal purpose has been to guard against arbitrary rule, and if the rule of law is to be a substantive criterion for expansion of the European Union it must be cognizant of what the criterion entails, and face up to the implications for admitting states with cultures where the rule of law has not featured significantly in their political and social landscapes. The article looks at one of the most sophisticated attempts to delineate the ideal character of the rule of law in recent philosophy, namely that of Michael Oakeshott, to clarify the meaning that it has in its use in modern European history and in relation to the modern European state. (shrink)

This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels (...) of full or partial harmonization of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)

The article is dedicated to determine de iure and de facto binding force of the case law of the Court of Justice of the European Union (hereinafter the ECJ) and its place in the system of legal sources in Latvia. The author concludes that the case law of the ECJ consists of legally important statements, which are included in judgements of the ECJ, namely, of an interpretation of legal norms, made by the ECJ, and of judge-made law (...) norms, which the ECJ has found in legal system by use of a further law-making. Therefore, it follows from the above that the case law of the ECJ is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia, but also other European Union (hereinafter the EU) member states of the continental Europe or Romano-Germanic legal system. (shrink)

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

ABSTRACTIn light of the large recent inflow of refugees to the EU and the Commission’s efforts to relocate them, I raise the question of what a fair distribution of refugees between EU countries would look like. More specifically, I consider what concerns such a distributive scheme should be sensitive to. First, I put forward some arguments for why states are obligated to admit refugees and outline how I believe the EU should respond to the refugee crisis. This involves, among other (...) things, resettling a proportion of refugees from countries neighbouring Syria in the EU. Second, I consider how the intake into the EU should be distributed between member states, that is, the shares different countries can be expected to admit. I discuss the relevance of a number of different factors that may be claimed to affect such shares, including population size, GDP, number of refugees admitted so far, unemployment rate, country-specific costs and cultural ‘closeness’. Third, I consider whether the distributive scheme should be restricted to reflect specific states’ responsibility for creating refugees in the first place, levels of racism and xenophobia, and whether other states are required to pick up the slack if some refuse to admit their fair share. (shrink)

Homeopathy is a non-traditional medical treatment which came to Europe a few hundred years ago and is presently attributed to the complementary and alternative medicine. Although the assessment of evidence on effectiveness of homeopathic medicinal products has been very contradictory, homeopathy in practice is the only form of alternative medicine that has received certain legal recognition. The paper focuses on the study of the legal regulation of homeopathy in the European Union and in national law. The author analyses (...) the contents of the concept of ‘homeopathic medicinal product’ and the EU legal norms on harmonisation of procedures for registry of homeopathic medicinal products in the Member States. It is concluded that the market of homeopathic medicinal products in the EU still lacks coherence and unity. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit (...) moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is (...) legitimated in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

The Eurozone crisis has brought the imperative of democratic autonomy within the EU to the forefront, a concern at the core of demoicratic theory. The article seeks to move the scholarship on demoicratic theory a step further by exploring what we call the social construction of demoicratic reality. While the EU’s legal-institutional infrastructure may imperfectly approximate a demoicratic structure, we need ask to what extent the ‘bare bones’ demoicratic character of a polity can actually be grounded in a full-flesh social (...) construct that is or could be acted out in the democratic experience and the self-awareness of its peoples. Ultimately, such an enquiry should help us understand whether a polity like the EU is actually and potentially a stable or unstable political form. We develop a consistent theory of popular sovereignty drawing on John Searle and HLA Hart to conceive the constitutionalised people as a social fact and the sovereignty of the people as a status ascribed to the people. We use this construction of demoicratic reality as a conceptual framework to understand the possibility of popular sovereignty being exercised concurrently by several rather than just one dêmos. (shrink)

This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope (...) of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU. (shrink)

The Eurozone crisis has brought the imperative of democratic autonomy within the EU to the forefront, a concern at the core of demoicratic theory. The article seeks to move the scholarship on demoicratic theory a step further by exploring what we call the social construction of demoicratic reality. While the EU’s legal-institutional infrastructure may imperfectly approximate a demoicratic structure, we need ask to what extent the ‘bare bones’ demoicratic character of a polity can actually be grounded in a full-flesh social (...) construct that is or could be acted out in the democratic experience and the self-awareness of its peoples. Ultimately, such an enquiry should help us understand whether a polity like the EU is actually and potentially a stable or unstable political form. We develop a consistent theory of popular sovereignty drawing on John Searle and HLA Hart to conceive the constitutionalised people (dêmos) as a social fact and the sovereignty of the people as a status ascribed to the people. We use this construction of demoicratic reality as a conceptual framework to understand the possibility of popular sovereignty being exercised concurrently by several rather than just one dêmos. (shrink)

English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less (...) anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law which differs significantly from continental law existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse. (shrink)

The European Union is strategically committed to the development of nanotechnology and its industrial exploitation. However, nanotechnology also has the potential to disrupt human health and the environment. The EU claims to be committed to the safe and responsible development of nanotechnology. In this sense, the EU has become the first governing body in the world to develop nanospecific regulations, largely due to legislative action taken by the European Parliament, which has compensated for the European Commission’s (...) reluctance to develop special regulations for nanomaterials. Nevertheless, divergences aside, political bodies in the EU assume that nanotechnology development is controllable and take for granted that both the massive industrial use of nanomaterials and a high level of environmental and health protection are compatible. However, experiences such as the European controversy over agri-food biotechnology, which somewhat delegitimized the regulatory authority of the EU over technological safety and acceptability, arguably show that controllability assumptions are contestable on the grounds of alternative socio-economic and cultural preferences and values. Recently developed inclusive governance models on safety and innovation, such as “Responsible Research and Innovation”, widely claim that a diversity of considerations and issues are integrated into R&D processes. Even so, the possibility of more radically alternative constitutions of socio-technical safety seems to be seriously limited by the current ideology of innovation and economic imperatives of the global, knowledge-based, capitalist economy. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is (...) a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

Political theorists aiming to articulate normative standards for the EU have almost entirely focused on whether or not the EU suffers from a ‘democratic deficit'. Almost nothing has been written, by contrast, on one of the central values underpinning European integration since at least the European Coal and Steel Community (ECSC), namely solidarity. What kinds of principles, policies, and ideals should an affirmation of solidarity commit us to? Put another way: what norms of socioeconomic justice ought to apply (...) to the EU? This is not an empirical or narrowly legal question. We are not trying to gauge the degree of attachment there currently is in the EU by, for example, citing the latest Eurobarometer poll. We are also not attempting to state the implicit rationale followed by the Court of Justice in its recent ‘solidarity’ jurisprudence, let alone trying to fix what the Commission might mean by it. In this article, I ask the more fundamental question underlying both the legal and the empirical questions: What principles of social solidarity ought to apply between states and citizens of the emerging European polity? This question has rarely been asked or answered by political theorists in an EU context, so we are entering largely uncharted territory. The article develops a tripartite model of EU solidarity in Section 2, and then applies it to the case of free movement of persons in Section 3. (shrink)

This article aims to make a contribution to the conceptualization of mainstreaming gender equality promoted by the European Union. It starts by exploring the historical periodization of equal opportunities delivery strategies and challenging the compartmentalization of these developments. It suggests that equality policies can better be conceptualized in terms of a `three-legged equality stool', which recognizes the interconnectiveness of three perspectives — the equal treatment perspective, the women's perspective and the gender perspective. The article argues that the gender (...) perspective has been closely associated with strategies for mainstreaming gender equality, but that this association is misleading. As a result mainstreaming has remained a `fuzzy' concept, which in turn has led to many different styles and forms of practical implementation in European member states. (shrink)

This paper investigates the role of the lifelong learning discourse in actual governmentality. Starting with a description of the origins of lifelong learning in the discussions about alternative education in the 1960s and 1970s, the current adoption of lifelong learning by the European Union is used to show its critical components. Along with the distinction between formal and informal learning it is demonstrated how lifelong learning attempts to change the field of learning from enclosed environments to a totality (...) of learning events, while at the same time attempting to change the individuals into self‐organizing learners. We show that lifelong learning has a crucial role within the strategies of subjectivation, since its mandate is to provide individuals with the necessary skill‐sets. Finally the methodological prerequisites of the administration of Lifelong Learning are investigated, showing the corresponding developments in the European Union and their contribution to generating a European population. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My (...) answer turns on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the (...) spirit of the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

This paper investigates the role of the lifelong learning discourse in actual governmentality. Starting with a description of the origins of lifelong learning in the discussions about alternative education in the 1960s and 1970s, the current adoption of lifelong learning by the European Union is used to show its critical components. Along with the distinction between formal and informal learning it is demonstrated how lifelong learning attempts to change the field of learning from enclosed environments to a totality (...) of learning events, while at the same time attempting to change the individuals into self‐organizing learners. We show that lifelong learning has a crucial role within the strategies of subjectivation, since its mandate is to provide individuals with the necessary skill‐sets. Finally the methodological prerequisites of the administration of Lifelong Learning are investigated, showing the corresponding developments in the European Union and their contribution to generating a European population. (shrink)

This chapter presents the successive stages to make changes in the Polish development policy after 1989. The national administration reform of 1990 in the Third Commonwealth of Poland restored the local government after 40 years of non-existence during the time of Polish People’s Republic that was a satellite state of the Soviet Union after the Second World War. Another reform took place in 1998 as a part of preparations for the country’s membership in the European Union from (...) 2004. Currently developed strategic documents are suggesting the use of the "polarization and diffusion model of the development." The authors also discuss the regional policy currently implemented in Poland, which was designed in years 2009-2014. The process of creation of new policy includes plans to reform the policy instruments and to update the strategic framework. Conclusions highlight a need for a clearer division of powers between the center and regional governments and the importance of strengthening the financial basis and institutional capacity building. (shrink)

Algorithmic technologies and artificial intelligence are centred on data and generate new business models, known as the data-driven economy. In the European Union context, the development of such new business is accompanied by a regulatory and political framework. An important aspect of this regulatory framework regards the legal conditions that enable the data collection, availability, sharing, use and reuse. Within the larger context, this article analyses the development of the European Union regulatory framework governing the availability, (...) sharing and reuse of public sector data, also referred to as Public Sector Information policy. Anchored in the analytical tools provided by Discursive Institutionalism and Critical Data Studies and after studying the evolution of this policy over 25 years, this article argues that economic considerations have been overwhelmingly decisive in the European Union Public Sector Information policy and much less attention has been paid to fundamental rights and democracy issues. It also shows how European Union Public Sector Information policy contributes to the data infrastructure, enabling a thriving data-driven economy. In doing so, this article argues that the possible problematic effects of this new data-driven economy are not only affordances of the technology itself but are also the result of political and regulatory choices. More globally, the article stresses the need for policymakers to inscribe each of the policies and regulations affecting the digital transformation in the framework of fundamental rights and democracy. (shrink)

The debate on the European Union's democratic deficit usually operates within a national-democratic framework of analysis. This article argues for a change in methodology. It follows the thesis that the EU is a ‘demoicracy’– a polity of multiple demoi– and has to be evaluated as such. Core principles of demoicracy are developed and the EU is assessed accordingly. Such an evaluation is not only more adequate, but also provides original insights: it is found that, whereas the constitutional development (...) of the EU has approached demoicratic standards in general, major deficits remain at the national level. (shrink)

Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep (...) the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world? (shrink)

The Polish equivalents of Research Ethics Committees are Bioethics Committees (BCs). A questionnaire study has been undertaken to determine their situation. The BC is usually comprised of 13 members. Nine of these are doctors and four are non-doctors. In 2006 BCs assessed an average of 27.3 ± 31.7 (range: 0–131) projects of clinical trials and 71.1 ± 139.8 (range: 0–638) projects of other types of medical research. During one BC meeting an average of 10.3 ± 14.7 (range: 0–71) projects of (...) medical research were assessed (2006). The amendment of Polish laws according with Directive 2001/20/EC caused a percentage increase in BCs which assessed less than 20 projects per year (16% vs. 33% or 42% in 2003 vs. 2005 or 2006 respectively, p < 0,05). The results confirm the usefulness of the current practice of creating BCs by medical universities, medical institutes and regional chambers of physicians and dentists but rationalization of the workload for individual BCs is necessary. (shrink)

In this article, we review the Agrarian Question focusing on dairy farms. We have the dual aim of adding to the debate surrounding the economic profitability of small and large dairy farms and increasing what is known about the decline of dairy farms. The agrarian question at the heart of our research centres on the paradoxical endurance of family farms, despite predictions from both liberal and Marxist perspectives that they would diminish in number over time. By addressing these complex issues, (...) we hope to shed light on the challenges and opportunities facing the dairy industry today. We focus on analysing dairy farms in the European Union countries, using panel regressions from 2008 to 2018 to define the relationship between the average number of cows per farm, profit margins and Farm Net Income. The most important results show that (i) paradoxically, profits were higher on smaller farms; (ii) however, empirical data show that small dairy farms are disappearing; (iii) this is because when including subsidies, farms with a higher number of cows are more profitable than smaller farms. (shrink)

The world of work is undergoing major surgery. Future economic historians may yet describe the cumulative impact of globalisation, technological change and new work patterns that are currently shaking the OECD countries as an economic revolution similar in magnitude and significance to the industrial revolution of the 19th century. There is certainly plenty of pain around, but scattered in so many countries and cultures that this late 20th century revolution will probably prove to have been beyond the capacity of any (...) Charles Dickens, or of a Marx and Engels, to chronicle.From the perspective of the European Union, the pain is clearly visible in two areas: a growing insecurity and stress attending many who are at work in the Union, particularly in occupations and employments where earnings have risen a lot; and the level and persistence of long-term unemployment together with the growing number of discouraged workers, primarily men, who are opting out of the labour force altogether. Not visible within the EU, but no less real of course, is the impact on workers in other countries when the Union adopts protectionist or aggressive trading policies.[...]CONCLUSION :The dislocation that is evident throughout the world of work today, and the insecurity and pain it is causing, is influencing political life in the European Union. What Americans would call the ‘feel bad’ factor tempts some to support protectionist measures, abrupt limits to immigration, cuts in taxation and social services, workfare or — if they are outsiders — abuse of the social welfare system and black market activity. It is important to appreciate that very few people are escaping; the upheavals in the world of work are affecting insiders and outsiders. Making common cause requires forging a fresh consensus on fundamental values of which two key ones are the nature of a business enterprise and the place of a job in a person’s life. These are the key areas where social innovation must match the apparently ceasless innovations on the part of technology. They may, hopefully, prove capable of redirecting the process of technological change itself. (shrink)

The author starts with general differentiation between human, fundamental and civil rights. Considering that such distinction in terms isn’t supported in European conventions, he remarks that strict distinction between human, fundamental and civil rights isn’t unconditionally obligatory, and therefore meaningful. That’s why he focuses on common values through his thorough analysis and evaluation of legal standardization of human rights in the European Union: The treaty on European Union, Charter of fundamental rights, other documents and practises (...) of European institutions. Peace, being the basic aim of European unification, can remain stabile through ,,in the first line”, freedom and respect of fundamental and human rights. The most important foundation for developing common European identity is awareness of common European values and fundamental and human rights, which mark the European cultural space in a particular way and provide Europe with the spirit. (shrink)

There is a growing interest in understanding consumer ethical actions in relation to their dealings with firms. This paper examines whether there are differences between Northern and Southern European Union (EU) consumers'' perceptions of ethical consumer behaviour using Muncy and Vitell''s (1992) Consumer Ethics Scale (CES). The study samples 962 university students across four Northern EU countries (Germany, Denmark, Scotland, The Netherlands) and four Southern EU countries (Portugal, Spain, Italy, Greece). Some differences are identified between the two samples, (...) which might question the ability of organisations to consider the EU as one homogeneous market. (shrink)

Political integration in the European Union creates the need for a common means of communication among the various linguistic communities in Europe. One way of meeting this need is unilingualism: the use of a single language as a "lingua franca". While this option has been thought to be efficient, this does not mean that we should necessarily choose it. This paper argues that a unilinual Europe will inevitably be unfair despite recent attempts to show otherwise, since non-native speakers (...) of the lingua franca will pick up the costs of learning it while native speakers can free-ride on their efforts. This unfairness provides a reason for preferring alternative means of facilitating communication. In particular, multilingualism - communication through translators and interpreters - may be preferable. (shrink)

We are still unable to correctly identify the true crisis in Europe: whether it is a question of a lack of a demos or cratos; whether it is the democracy, legitimacy, or justice that is inadequate; whether we are facing a problem of intelligibility or of too little politicization. The article begin the analysis with three hypotheses: (1) none of the attempts to explain the crisis that focus on a single deficit or weakness seems satisfactory, so the discussion should focus (...) on the way these types of deficiencies are expressed and the extent to which each one of them is involved. For this very reason, it makes no sense to entrust the entire solution to the strengthening of one single criterion (participation, effectiveness, or communication, for example). (2) Polarizing the legitimacy framework around two possibilities (input and output) seems to be a simplification that does not do justice to the intricate way in which the results and the procedures, effectiveness and consent are related in a democracy. (3) The resulting description cannot be less complex than that which it is attempting to describe, so the task of repairing EU legitimacy should be carried out through a sophisticated division of labor (between institutions, criteria, and values). The process of European integration may be one of the most interesting manifestations of a general problem in today’s societies: how to reconstruct political authority to confront the new challenges of communal life. (shrink)

After the full-scale invasion of the Russian Federation into Ukraine, the flow of forced migration from Ukraine has significantly increased as people tried to protect their lives and find a safe place to live. Given that Ukraine shares the external border with the European Union, most people sought protection precisely in the Member States of the European Union. The study aims to analyze the features of the legal regulation of the provision of temporary protection in the (...) European Union and determine the reasons and conditions that led to its activation after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. The leading method of the research was the method of systematic analysis, which helped define temporary protection as a multifaceted phenomenon and determine the reasons and conditions that led to its activation in the European Union after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. In order to regulate the mass influx of Ukrainian displaced persons, the European Union has activated the mechanisms of temporary protection, which is an emergency mechanism introduced by a decision of the Council of the European Union. The status of a person with temporary protection provides certain rights analyzed in the article. Thus, the activation by the European Union of the Temporary Protection Directive is a justified and appropriate measure to protect the mass influx of displaced persons from Ukraine. (shrink)

In 2004 a survey was conducted in the member states of the European Union designed to gain greater insight into the views on control strategies for foot and mouth disease, classical swine fever, and avian influenza with respect to the epidemiological, economic and social-ethical consequences of each of these animal diseases. This article presents the results of the social-ethical survey. A selection of stakeholders from each member state was asked to prioritize issues for the prevention and control of (...) these diseases. A majority of stakeholders chose preventive measures as the preferred issue. An analysis was done to determine whether there were differences in views expressed by stakeholders from member states with a history of recent epidemics and ones without such a history, and whether there were regional differences. There were no differences between member states with or without a history of recent epidemics. There were indeed regional differences between the priority orders from Northern and Southern Europe on the one hand, and from Eastern Europe on the other. (shrink)

In the debate on the European Union’s problems, the concept of “democracy deficit” has been present from its very beginning. This term is applied in a quite vast manner and, apart from the asymmetry of the relation between the European Parliament and the Council, it also concerns the overly limited role of national parliaments in the European Union. In this regard, inadequacy in the national position of individual parliaments is observed. On the other hand, it (...) is necessary to emphasise their uneven activity on their European aspirations. At the time when the European dispute on the rule of law in Poland has polarized attitudes and language in statements on both sides – despite irresponsible trends – it is worth to examine the participation of national parliaments (including the Polish parliament) in the European inter-parliamentary dialogue and, consequently, to determine whether and how its constructive impact on the European Union and its law functions. (shrink)

The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to contribute to the uniformity of that law and how, with regard to this function, it relates to the (widely disputed yet uncontested) semantic and pragmatic methods of achieving such a uniformity. In order to respond to this question, the article firstly, recalls fundamental concepts which would help conceptualize the endeavour and, secondly, presents examples of analysis of (...) syntax arrangements which can be deemed representative for the study of the said problem of contribution. The study finds that EU law (expressed in 24 official languages which have equal authentic status) relies on diversified syntax of its respective constitutive languages. Syntax structures used in respective language versions of EU law represent narrower, law-specific, form of syntax structures available in these languages. Its specificity is determined mostly by legislative traditions of respective EU member states. Syntactic structures of EU law produced in different official languages do not represent a single pattern because of diversified mode of producing illocutionary value of provisions in which strongly idiomatic modal verbs (modal operators) and even special modal structures (not necessarily containing modal verbs) are used to express legal norms. They also differ when it comes to their law-specific compositionality, i.e. flexibility of different syntax structure to produce the same meaning and, in the same time, to preserve their genre/register informational value. Notwithstanding, these structures have well pronounced and system-significant common features within respective Germanic, Romanic, and Slavic families of languages in which EU law is mostly reproduced. The sentence structure and the relevant register of EU law provisions are the same for respective versions of EU texts of law expressed in the languages belonging to the respective three language families which were examined for the sake of this study. These common features are re-enforced by the synoptic mode of producing EU law which imposes formal resemblance of provisions reproduced in respective EU official languages to each other. The multilingual EU legislator also uses patterns which grant legal text the relevant register, yet its specific EU character ultimately transpires through semantic aspects of EU texts rather than their mere syntax. The unity of the system is achieved most strongly through the EU specific interpretation, where the teleological methods (which can be conceived as a language means to achieve EU law goals and objectives at the pragmatic level) are of utmost importance. Thus, there is no EU-specific syntax which would, as such, contribute to unity of EU law. Instead, unity is achieved in the area of semantics and pragmatics. The well exposed anaphoric character of EU law (as any other type of law) may contribute to narrowing down possibility for differentiation of respective language versions of EU law. (shrink)

This book explores the goals, strategies and impact of Green actors in the European Community, with case studies including the important German Greens. It looks at the relationship between movements and parties, and at the Greens' alternative of a Europe of the Regions.

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two (...) jurisdictions, in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

The approach to analysing population ageing and its impacts on the economy has evolved in recent years. There is increasing interest in the development and use of products and services related to gerontechnology as well as other social innovations that may be considered as central parts of the "silver economy." However, the concept of silver economy is still being formed and requires detailed research. This article proposes a typology of models of the silver economy in the European Union (...) at the national and regional levels. This typology was created by comparing the Active Ageing Index to the typology of varieties and cultures of capitalism and typology of the welfare states. Practical recommendations for institutions of the EU and directions for further research are discussed. (shrink)