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This article analyses the European Union competition law enforcement system and its developments. Data shows that the current European Union competition law enforcement system is ineffective. The systematic analysis by the author of the United States competition law enforcement system shows that an opt-out class action mechanism for competition law enforcement established in the United States enables effective enforcement of competition law. Whereas, there is no uniform collective redress system across the European Union. The national regimes of European Union Member States regarding collective redress are diverse. These considerations implies the need for a uniform collective redress system across the European Union.
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Lithuania like other European countries is experiencing demographic process of aging. The situation when the older population is growing and outnumbers the younger population strongly influences, among other things, the labour market. The necessity to overcome the negative effects posed by the aging process, particularly by ensuring wide and active participation of older people in the labour market, is determined not only at the national but also at the European and international levels. Therefore the aim of this article is the formation and reflection of the legal discourse of aging in international and European legal sources, identifying the legal measures, used to eliminate or at least mitigate the threats of the aging population to the stability of the labour market.The conducted analysis shows that at the international and European Union levels the problem of an aging population was matured and fell into a political agenda at the similar time i.e. in the period between 1970 and 1980. However, the labour market problems caused by the aging population are solved not in the same way. The documents by the United Nations, the International Labour Organization and the Council of Europe, enacted to solve this problem, do not directly create binding obligations and leave the decision making and implementation for national legislators. Meanwhile the impact of aging on the legal policy of the European Union has evolved. If at the first phase (1957-1997 m.) it was also limited by declarations, then after the Amsterdam Treaty European Union competences has been enlarged and this shift has led to the establishment of the compulsory legal rules for Member States. On the other hand existing EU legal rules allow Member States a wide discretion to carry out the policy of the aging by their own selected means. Over the time the content of the aging regulation has also evolved: from the protection of elderly that long dominated in the discussions of aging, the focus has shifted to the emphasis of intergenerational solidarity and prohibition of the age discrimination.
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The article provides a descriptive and systematic approach towards restraints exerted on national family policy by European provisions. The analysis covers two levels (legal acts of European Union and European Convention of Human Rights (the level of Council of Europe). Legal acts are analysed in the following fields: the purpose and context of provisions relating families in accordance with global development of legal family policy, the content of provisions relating families, and the specifics of implementation of the mentioned provisions in the national level.The article is composed of three main parts. The first part describes the international context of family policy on the basis of research works carried out in this field, covering both social development of family life and the change of attitude of a state towards the family, as well mentions possible variations for the creation of family policy and the current trends in these fields. This part serves as a theoretical background for the further analysis. The second part summarises main provisions of the European Union having impact on national family policy. The third part presents implications from the European Convention on Human Rights and its interpretation on national family policy.Inference is drawn that the analysed regulatory schemes put different emphasis and have different needs towards family relations and different expectations in respect of family policy; therefore, the concepts of family and its members, the content of provisions addressed to families, the nature of implementation of family policies in national systems are different. In the level of European Union, the dominant concept of family is institutional, whereas the ECHR emphasises the need to ensure individual rights and freedoms irrespective of formal status of an individual.
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The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.
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Over 800 pedestrians are killed in road accidents in Poland every year. Inadequate visibility, especially at night, is a main cause of these accidents. Retro-reflective accessories, which reflect the light of car headlights towards their source are effective in improving road workers’ and pedestrians’ visibility. This article discusses the legal requirements for marketing retro-reflective accessories, for their construction, limitations in use and technical requirements set out in a European standard.
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This scientific study is dedicated to the legal protection of the environment in the region of the Black Sea coastal zone in Bulgaria. Its actuality is related to increasing degradation of the environment in this region. The attention is paid to legal measures for the protection of the environment in this region according to some special and general domestic laws as well as to liability for infringement of the existing legislation in this field. Finally some general conclusions and recommendations are given from the examined regulation.
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Simultaneously with the universalisation of the concept of fundamental human rights and the adoption of many international instruments for their protection, regional systems are also being developed, with the main purpose of guaranteeing human rights. Within these systems, a number of important legal acts have been adopted to protect fundamental human rights and freedoms, specific mechanisms and jurisdictions have been created for their protection. The extreme importance of regional jurisdictions for the protection of human rights, including the health rights of citizens, is determined by the fact that that they exercise, within their jurisdiction, control over compliance with established legal rules and through their interpretative work contribute to clarifying the various legal institutes, which leads to the improvement of the human rights legislation. Such regional bodies are the European Court of Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Court of Justice of the European Union.
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This scientific study is dedicated to the legal protection of the environment from radioactive pollution in the Republic of Bulgaria. Its actuality is related to increasing degradation of the environment on a global level. The attention is paid to legal measures for the protection of the environment according to some special and general domestic laws as well as to liability for infringement of the existing legislation in this field. Finally some general conclusions and recommendations are given from the examined regulation.
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It must be observed that a quality wine is a very specific product. Its particular qualities and characteristics, which result from a combination of natural and human factors, are linked to its geographical area of origin and vigilance must be exercised and efforts made in order for them to be maintained. (Court of Justice of European Union, Rioja Wine Judgement)1 The present paper will consider some of the most relevant judgements of the Court of Justice of European Union regarding wine. Coincidentally or not many of these cases are also landmark decisions of the European Union law. The purpose of this paper is to present the variety of European Union law areas enriched through the Court wine judgments: intellectual property, free movement of goods, fiscal barrier to trade, EU legal order, fundamental rights, public health and external relations. Surveying the wine jurisprudence of the Court of Justice of European Union resembles a wine testing. One can sense the savours rich bouquet that the case law expresses, on strong cultural choices, policies, lifestyle or identity at national and European level.
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The decision of the German Federal Constitutional Court of December 14, 2015 in the Identitätskontrolle case is crucial for understanding the limits of the possibility to protect national fundamental rights in the European Union. FCC de facto carried out a review of compliance with the obligation under European Union law to unconditionally execute the European Arrest Warrant (EAW) with constitutional guarantees to protect the right to dignity, but ultimately concluded that constitutional guarantees essentially coincide with the EU provisions. When issuing its ruling, although it was clearly different from the EU CJ case law on EAW, the FCC stated that there is no need to ask a question for a preliminary ruling. In spite of this, the ruling clearly influenced the subsequent development of the EU CJ case law, above all, the Aranyosi and Căldăraru cases. Moreover, it seems that it has also significantly influenced the further dynamics of relations between national constitutional courts and the EU CJ in the field of protection of fundamental rights. It can even be said that it is crucial for understanding the dynamics of the process of a judicial dialogue within the EU.
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The withdrawal agreement is regarded as the best way to ensure a clean Brexit, as it includes the United Kingdom’s withdrawal conditions, taking into account the framework of its future relationship with The Union. The withdrawal agreement project between the European Union and the United Kingdom is the document that puts into juridical terms The Joint Statement from the negotiators of the European Union and of the United Kingdom Government of December 2017, with respect to the first stage of negotiations. Any agreement for withdrawal is signed on behalf of the Union by the Council, and after receiving the agreement of the European Parliament. The agreement negotiated by the Prime Minister Theresa May with Brussels was rejected three times by the British Parliament and contested by many British politicians. Several members of the Government in London resigned in protest of this agreement, including the Minister for Brexit, which led to a political deadlock. After the changes occurred at the level of the EU institutions, further to the EU parliament elections of May 2019, the United Kingdom is trying through its new leaders to obtain certain concessions in the exit agreement, but it is expected that the new team at the head of the European Union shall oppose any renegotiation of the Brexit agreement.
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Lawyer linguists’ field of expertise is interdisciplinary per se, given that it includes both law and translation. This paper is looking beyond this expected interdisciplinarity in order to show which other fields can be part of a lawyer linguist’s work; thus, terminology, logic, legal argumentation, traductology, comparative law, computer science, critical discourse analysis, linguistics and sociolinguistics are analyzed in this respect.
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This paper aims at presenting the legal frame for the multilingualism in Europe, the reasons behind the European Union’s policy on multilingualism and the most important measures and acts in this field. The effects of the ‘multicentric language policy’ include measures to improve citizens’ language skills at the level of member states and at central level to ensure the functionality of the EU institutions and bodies by employing translators, interpreters and lawyer-linguists. An indirect effect from a linguistic point of view would be the development of the European legal style, which could be observed also at the level of each individual official language, corresponding to the development of the member states’ legal systems under the influence of EU law.
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In the context of many multinational companies carrying out activities worldwide through the means of technology and internet, it has become more urgent to create a tax framework addressing the complexity of transactions, base erosion and profit shifting at global level. Thus, the OECD made the first proposals regarding the new worldwide legislation which would give more power to jurisdictions from around the world to tax multinational companies.
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The choice, for analysis, of this theme is, from the point of view of importance, extremely challenging. Not infrequently, the institutions invoked (those involved in such a process) are the most different, from the European Council, continuing with the Council, the European Parliament, the Commission and ending even with the presidency of the courts (The Court of Justice and the Tribunal), respectively the European Central Bank and the Court of Accounts. Opinions are the most different, especially when it comes to the answer that should be given to the question: who is answering the telephone of the European Union, especially after the entry into force of the Treaty of Lisbon. It is, moreover, the problem we are trying to clarify in this approach, with arguments. Sometimes, in a totally inappropriate way, the presidency of the Council of Europe is also invoked.
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This paper aims at signaling the future legislative modifications and amendments in the matter of civil status acts, still at under discussions in the Bill for the modification and completion of Law no. 119/1996 regarding civil status acts, republished , as well as for the abrogation of the Government Ordinance no. 41/2003 pertaining to the administrative modification and assignment of individuals’ names . The Bill has been subject to public debate and later approved by the Superior Council of the Magistracy.The new normative act aims at creating the legal framework for the implementation of the project regarding the creation of the Integrated Computer System for the Issue of Civil Status Acts (SIIEASC), carried out by the Ministry of Internal Affairs, which will establish the electronic form for drawing up civil status acts, while ensuring the required computer network at a national level. The purpose of the new regulations is to harmonize the Romanian legislation in the field with the European legislation, given that Romania’s adhesion to the European Union in 2007 implicitly triggered an increase of the international private law legal relationships. The bill aims at decentralizing certain activities by the transfer of attributions from the competence of public central administration to the competence of local public administration authorities, which will result in a decrease of the time required to settle a petition regarding civil status acts. Furthermore, the new law will also include the provisions of Government Ordinance no. 41/2003 for the administrative assignment and change of individuals’ names, a normative act that it will also abrogate. To this purpose, the bill stipulates a simpler procedure for changing a name and, at the same time, a shorter time for this endeavor and, with regards to the first name, parents won’t be allowed to register more than three first names for their children.
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The section contains a presentation of the legislative process of the EU institutions, the procedures for drafting the European legislation, particularly the activity of the European Parliament, the EU Council and the Commission, and of the political events in the EU with legislative impact.
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