Citizens Of Member States Research Articles

Dividing Lines in the EU’s Common Foreign Policy: Russia as a polarising factor

Amid the ongoing confrontation between Russia and the West, the processes of consolidation and divergence among political elites are crucial for understanding the mechanisms that form dividing lines. This is particularly important when examining the elites of the European Uni­on in their opposition to Russia. This article aims to develop a framework for analysing the dividing lines among EU elites in the context of relations with Russia. The analysis em­ploys a multi-tier model establishing a relationship between the ‘depth’ of a dividing line and the degree of elite disunity. The model includes two levels of analysis of dividing lines within the EU: supranational and national. The research demonstrates that, depending on the degree of interest misalignment and the availability of communication channels, elite divergence can result in segmentation, fragmentation or polarisation. Each of the tiers of divergence increa­singly reduces the likelihood of forming a common EU position on foreign policy issues. All three tendencies — segmentation, fragmentation and polarisation — are observed within the EU in relation to Russia at different levels of elite analysis. Crucial to the formation of a dividing line is the aspect of EU—Russia relations in question: the degree of distancing from the country or support for, and funding of, containment. Additional variables include factors such as the regional affiliation of the elite, their ideology and position within the power structure. Among all levels of analysis, polarisation is most evident in the efforts of supranational elites to promote ‘militant integration’, which conflicts with the interests of national elites and citizens of member states.

Measures taken in the European Union to protect workers during the pandemic

This article examines EU initiatives prompted by the need to protect the labor market and working citizens in member states, and measures taken at the national level in Germany and France. The EU’s involvement in ensuring protection of workers’ rights in pandemic circumstances has been limited to formulating recommendations to countries and financial assis-tance, as well as prioritizing the social element in European Union policies. This paper examines the Support to mitigate Unemployment Risks in an Emergency instrument developed by the EU in 2020 and the draft directive on an adequate minimum wage in the EU published at the height of the pandemic in autumn 2020. A review of measures in Germany and France focuses on a mechanism to reduce working hours during the period of economic activity restrictions by placing most costs on the state. In Germany, this is the Kurzarbeit (reduced working hours) program. In France, this is the transfer to reduced working hours with the permission of the administrative authority, in the case of lost wages caused by the temporary closure of the company or part of it, or reduction of working hours below the statutory working hours. The author concludes that the rapid economic and labor market recovery in these countries is, among other things, due to the financing of the wages lost due to wage restraint from the state budget. It is of interest to further study the foreign experience of implementing reduced working hours programs for possible use in Russia.

A New Legal Design for the Credit Reporting Industry

Abstract Under the traditional and well-established conception, credit bureaus are understood as being little more than vessels storing customer data that has been furnished by specific suppliers, such as banks, intermediaries and, more generally, lenders. Accordingly, credit bureaus are deemed to play a ‘neutral’ role in the credit market. Hence, in Europe and the US, they are generally not responsible for any inaccuracies in the information they put into circulation, despite data quality being crucial for the proper functioning of the market and for a fair allocation of resources. This circumstance engenders, however, a conflict between the market interest in accurate data and the ‘endogenous’ for-profit interest of credit bureaus. More specifically, despite their performing an important activity in an oligopolistic environment, credit bureaus are presently allowed to pursue their for-profit interest without any substantial accountability as regards their ‘exogenous’ function of transmitting accurate data. This disequilibrium oftentimes results in under-performance and a low level of data quality. The analysis points out, also through a comparative analysis with the rules governing the US credit report system, how these circumstances in the credit market sector can imperil some pivotal objectives of the EU legal policy, which aims at ensuring equal levels of protection among citizens of Member States within a unique environment dependent on the cross-border exchange of information.

Raising European Citizens? European Identity in European Schools

AbstractCitizens' identification with Europe could consolidate European integration. European Schools, created for children of EU officials, should mirror the EU's vision of citizens of member states united in (national) diversity. Instead, this study reveals that European School students construct an explicitly European in‐group and deviate from EU visions by differentiating themselves from a more national and less mobile lifestyle. The article draws on qualitative content analysis of in‐depth and focus group interviews with teachers and 101 students in European Schools in Germany, Luxembourg and England. This elucidates the relationship between European schooling and this peculiar but ultimately European identity. In a dual mechanism, by ‘doing Europe’, students actively nourish a transnational social network in school; by ‘telling Europe’, students are more passively exposed to European and diverse national narratives. Both the analysis of how their European identity emerges and descriptive underpinnings show the complexity of European identity construction even under most favourable conditions.

ECONOMIC AND LEGAL ASPECTS OF PENSIONS ON THE BASE OF NORTHERN SUPPLY AND REGIONAL COEFFICIENT IN INTERNATIONAL AGREEMENTS

Agreement on the guarantees of the rights of citizens of CIS countries in the field of pensions, on March 13, 1992 establishes the principles of territoriality: • pension security of citizens of member states is carried out under the laws of the state in whose territory they reside. • all costs of pensions are borne by the state providing the security. The Law of Ukraine «About Compulsory State Pension Insurance» on July 9, 2003 No. 1058-IV and the Law of Ukraine «About Pension Provision » No.1788-XII of November 5, 1991 do not provide for the inclusion of a wage payment of the northern supplement and a regional coefficient. However, in accordance with the Agreement on the Guarantee of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the field of pensions of March 13, 1992 (hereinafter the Agreement), the length of service acquired during the shift-expedition method in the Far North or equivalent areas in the Russian Federation counted to establish the right to a pension. The regional coefficient is an indicator of wage increases to compensate for additional expenses and increased labor costs associated with performing work and living in regions with severe climatic conditions. Currently, district coefficients are 1.1 to 2.0. Regional coefficients are applied to the wages of workers employed in the Far North, Siberia, the Far East, the Urals, and the northern regions of the European part of the Russian Federation. The fixed basic amount of the insurance part of the labor pension, for those residing in the regions of the Far North, is increased by the corresponding district coefficient. The regional coefficient is established by the Government of the Russian Federation for the entire period of residence in these areas. When citizens move to a new place of residence in other areas of the Far North, the size of the insurance part of the labor pension is determined based on the size of the district coefficient at the new place of residence. If you do not take into account the northern allowances, it is important to pay attention to the following inconsistency. The Office of the Pension Fund of Ukraine fulfills the obligations of Ukraine under the Agreement of March 13, 1992. If the Pension Fund Management of Ukraine does not fulfill its obligations, Ukraine violates its obligations in an international agreement. If the Pension Fund Management of Ukraine does not fulfill its obligations, Ukraine violates its obligations in an international agreement.   &nbsp

The African Human Rights System: An Overview of the Admissibility of NGOS Applications Before the African Court

Rights are sacrosanct and one of the most cardinal functions/objectives of the African Union (AU), being a regional organization, is the protection of rights of citizens of member states. The African Court on Human and People's Rights is the channel through which the African Union entertains and determines complaints of human rights in frin gements/abuses within the region. Among other categories of applicants, relevant NGOs can invoke the jurisdiction of the Court upon satisfaction requisite pre-conditions. Adopting a doctrinal approach, this paper seeks to shed light on the extent of the admissibility of applications by NGOs before the Court. This paper however finds that a number of genuine cases of human rights abuses risk being shut out within the present context. This paper concludes that the preconditions NGO applications are subjected to, are restrictive /limi ted. This paper therefore recommends that such conditions be reconsidered to allow a wider NGO access to the Court.

The Determinants and the Size of International Migration in Central and Eastern Europe After 2004

Migration is a very important socio‑economic issue in the contemporary world. One of the interesting and pertinent research problems worth considering concerns the scale and nature of migration from countries which entered the European Union in 2004 and in the subsequent years. As a result of integration within the European Community, the citizens of member states acquired citizenship within the entire European Union (which is complementary to citizenship in the country of origin). The right of free movement led to the emergence of the migration phenomenon within the territory of the European Union. A well educated and young labour force may be an influential factor in the social and economic development of the European Union members. The enlargement of the EU led to a significant increase in the number of part‑time/temporary migrants. According to statistical data, the number of emigrants from the Central and Eastern European Countries (CEE) to the more prosperous European countries increased from 1,66 million in 2004 to 7,3 million in 2016. Within the context of the scale of economic migration from the CEE, questions should be asked about the determinants and economic consequences of this mobility. The main objective of this article is a diagnosis and evaluation of the determinants and size of migration from the CEE. The analyses are based on Eurostat data. The determinants of migration are presented from the point of view of the push and pull factors theory and related to the situation in the European labour market. An analysis of the size of migration outflow from the CEE countries made it possible to classify them into three groups: countries with a high emigration potential (Latvia, Lithuania, Romania), a moderate emigration potential (Hungary, Bulgaria, Poland, Estonia, Slovakia) and a low emigration potential (the Czech Republic, Slovenia). The economic consequences of migration are shown from the perspective of remittances received from working abroad.

A systematic justification for the EU's pouvoir constituant mixte: Principles of constitutional politics in supranational polities

AbstractThis article presents a rational reconstruction of the practice of constitutional politics in supranational polities. In doing so, it seeks to refocus the ongoing debate about constituent power in the EU on the question of who, under what conditions, is entitled to decide on the EU constitutional order. The analysis leads to a number of principles of democratic legitimacy, which include the political autonomy of the members of the state demoi as well as the political autonomy of the members of a cross‐border demos. In explicating these parallel entitlements to political autonomy, I provide a systematic justification for the notion of a pouvoir constituant mixte, according to which the citizens should take control of EU constitutional politics in two roles: as European citizens and as Member State citizens.

WHAT DO WE MEAN BY THE NOTION OF RESIDENCE BY THE NOTION OF RESIDENCE IN THE CASE OF FOREIGNERS WHO ESTABLISH THEIR RESIDENCE IN ROMANIA

We will try to analyse in the first point which is the meaning of the notion of residence in Romania of Romanian citizens, and in the second point we will study the meaning of the notion of residence in the case of foreigners who establish their residence in Romania. The study is based on articles from: Article 88 Civil Code; the provisions of Emergency Ordinance no. 194/2002 on foreigners in Romania republished (in 2011) and the provisions of Government Emergency Ordinance no. 102/2005 on the free movement of citizens of member states of the European Union and European Economic Area (republished in 2011) in order to derive the Romanian qualification of the notion “residence of the individual”.

How do we qualify primarily the cconcept of "domicile" of the individual in romanian private international law?

In order to make the primary qualification of the concept of in Romanian private international law it is necessary to take into account the scope of the concept of residence in Romanian domestic law. This article aims to study and analyze the instrument of the institution domicile the following legislation: Article 86-Artcle 97 Civil Code; Chapter IV (art.26- 41) of the Emergency Ordinance no. 97/2005 on the records, domicile, residence and identity documents of Romanian citizens republished (2011); Government Decision no. 516/2009 amending Government Decision no. 839/2006 regarding the form and content IDs, the sticker on the book of their residence and property. Decision no. 516/2009; the provisions of Emergency Ordinance no. 194/2002 on foreigners in Romania republished (in 2011) and the provisions of Government Emergency Ordinance no. 102/2005 on the free movement of citizens of member states of the European Union and European Economic Area (republished in 2011) in order to derive the Romanian qualification of the notion “domicile of the individual”. How to cite: Anitei, N-C. (2017). How do We Qualify Primarily the Cconcept of Domicile of the Individual in Romanian Private International Law?. Jurnalul de Studii Juridice, XII (3-4), 13-24. https://doi.org/10.18662/jls/10

The emerging culture of EU citizenship as “citizenship of rights” and the legal nature of the EU polity

The current European crisis shows a crucial disjunction between the expectations of EU citizens and the institutional forms of political integration available to them. The crisis imposes challenges to the EU integration process, which sees its legitimacy questioned, above all in the eyes of the citizens of Member States undergoing intervention, who live with harsh restrictions and low expectations of improvement. EU citizens have never been so attentive to the developments of the EU integration – as testifies the rejection demonstrated in May 2014 elections to EU Parliament, now counting over 100 anti-EU voices. In this context, it is important to scrutinize whether the developing of an EU citizenship as “citizenship of rights” could perform some role in this scenario, putting it into perspective in order to grasp its effects on the legal nature of the EU polity. The status of EU citizenship is constructed around the paradigm of individual rights. Being an EU citizen basically means one is the holder of rights protected by the EU legal order – especially fundamental rights. Therefore, it is important to know to what extent the culture of rights has been strengthened by the change legal status of the Charter of Fundamental Rights of the European Union (CFREU) following the entry into force of the Lisbon Treaty in December 2009.1 In short, the text aims at knowing in which measure the fundamental rights dynamics in times of crisis affect the EU integration process itself.

Restrictions on European Union Citizens’ Freedom of Movement and Residence in the Country on Grounds of Public Policy, Public Security and Public Health

Abstract The free movement of persons is one of the most successful European Union projects, serving as a majorly important factor promoting the European integration processes. The adoption of the Treaty on the European Union and the creation of EU citizenship implemented significant changes: the status of EU citizens and their right to move and reside freely within the territory of the Member States can no longer be interpreted in the way it was before the adoption of the Treaty on the European Union. There are no requirements for EU citizens within the Treaty to pursue professional or independent activities or to work under an employment contract in order to access provided rights. However, the right of free movement is not unlimited. The administrations of the Member State governments are authorized to impose restictions on the free movement of citizens. In the light of these facts, this article examines exceptions in the field of free movement of persons and indentifies concepts of public policy, public security and public health. Special attention is given to so-called rule limitation of restrictions and to the mechanism of protection against expulsion from the country. The article concludes by saying that the institutions of Member State governments have the right to evaluate threats within the territory of the country and to decide on the content of public security by themselves. However, their discretion can not be used as an instrument to treat the conduct of other Member State citizens in a worse way than that of their own local citizens.

EU Citizenship, Principle of the Free Movement and Directive 2004/38

European Union (EU) citizenship and EU free movement law has received great impetus with the introduction of the Treaty of Maastricht. The Treaty on the European Union (TFEU) introduced the concept of European Union citizenship and several fundamental rights were granted to citizens of Member States under the TFEU. Article 21 of TFEU provides that subject to certain conditions, every citizen of the Union shall have right to reside and freely move within Member States. This provision has been enumerated as right to freedom of movement and right to residence under the Citizenship (Free Movement) Directive 2004/38/EC. This Directive is primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003). The Directive 2004/38/EC was introduced in 2004 to bring along certain rights that would be enjoyed by citizens of Member States of the European Union. However, the concept has been interpreted liberally over the years by the Court of Justice (CJ) to expand the application of the said law by giving special consideration to workers and citizens who are self employed.Recent case laws and interpretation of Directive 2004/38/EC has created an open space for discussion regarding whether all citizens enjoy equal rights or whether particular citizens are favoured over others when it comes to residence rights in Member States. Freedom of movement of persons is unlimited under the Directive but there are several restrictions within the Directive which has to be interpreted judiciously by the CJ.

EU Law in National Courts

European Union (EU) law is composed primarily of European Union treaties and secondary legislations such as directives, regulations and decisions of the Court of Justice. The Treaty on the Functioning of European Union (TFEU) came into force on December 2009. The Treaty on the European Union (TFEU) introduced the concept of European Union citizenship and several fundamental rights were granted to citizens of Member States under the TFEU.1Today, the European Court of Justice (ECJ) is known as the Court of Justice and it is a part of the Court of Justice of European Union (CJEU) system. Apart from the Court of justice, the CJEU also comprises of a General Court and a Civil Service Tribunal.

Progress toward universal health coverage in ASEAN

Background The Association of Southeast Asian Nations (ASEAN) is characterized by much diversity in terms of geography, society, economic development, and health outcomes. The health systems as well as healthcare structure and provisions vary considerably. Consequently, the progress toward Universal Health Coverage (UHC) in these countries also varies. This paper aims to describe the progress toward UHC in the ASEAN countries and discuss how regional integration could influence UHC. Design Data reported in this paper were obtained from published literature, reports, and gray literature available in the ASEAN countries. We used both online and manual search methods to gather the information and ‘snowball’ further data. Results We found that, in general, ASEAN countries have made good progress toward UHC, partly due to relatively sustained political commitments to endorse UHC in these countries. However, all the countries in ASEAN are facing several common barriers to achieving UHC, namely 1) financial constraints, including low levels of overall and government spending on health; 2) supply side constraints, including inadequate numbers and densities of health workers; and 3) the ongoing epidemiological transition at different stages characterized by increasing burdens of non-communicable diseases, persisting infectious diseases, and reemergence of potentially pandemic infectious diseases. The ASEAN Economic Community's (AEC) goal of regional economic integration and a single market by 2015 presents both opportunities and challenges for UHC. Healthcare services have become more available but health and healthcare inequities will likely worsen as better-off citizens of member states might receive more benefits from the liberalization of trade policy in health, either via regional outmigration of health workers or intra-country health worker movement toward private hospitals, which tend to be located in urban areas. For ASEAN countries, UHC should be explicitly considered to mitigate deleterious effects of economic integration. Political commitments to safeguard health budgets and increase health spending will be necessary given liberalization's risks to health equity as well as migration and population aging which will increase demand on health systems. There is potential to organize select health services regionally to improve further efficiency. Conclusions We believe that ASEAN has significant potential to become a force for better health in the region. We hope that all ASEAN citizens can enjoy higher health and safety standards, comprehensive social protection, and improved health status. We believe economic and other integration efforts can further these aspirations.

A Common European Identity for European Citizenship?

Over the past two decades, authors, many of whom are included in this volume, have addressed several salient foundational issues concerning citizenship in Europe. Others in this volume address some of these issues—such as the relationship between national and European citizenship regarded as multilevel (Rainer Baubock and Ulf Bernitz), the relationship between citizenship and legal human rights (Samantha Besson), the relationship between citizenship and political rights in particular (Agustin Menendez and Jo Shaw), and citizenship and social rights (Stefano Giuboni).This essay elaborates on the need for shared values among those who share citizenship in Europe, as either citizens of Member States engaged in multilevel governance or as Union citizens. The European crisis has increased the call for such values, and also shows that people contest these values. The issues include: What is the responsible exercise of political rights in national elections with repercussions for EU governance, how to trust authorities at all levels concerning human rights, the extent of cross-border solidarity at the risk of free-riders, and the trust that the political and legal order will remain responsive to the best interests of all affected.

Some questions regarding the financing of health care in member states of the European Union

Before you deal with the primary aim to show that regulated health care systems have contributed and still contribute to the health of citizens of member states of the European Union significantly improved. That is why the older member states of the European Union (Austria, Belgium, France, Germany, Netherlands), prepared to spend most of their gross domestic product (GDP) on health care for its citizens. At the other member countries on the periphery of the European Union (Portugal, Italy, Ireland, Greece and Spain), better known as a group (PIIGS-svinje), due to falling into a debt crisis is not ready for such a step because of which their citizens are faced with big problems when using health care. The paper deals with problems of unequal access to health services and lack of health coverage that exist among individuals as well as in some social groups in many member countries of the European Union. Analysis of unequal access to health services was carried out based on the estimated level depending on its socio-economic status of user-nonusers of health care, are not bypassed with the right of the insured and their acquisition. The rights of the insured whose roots are in agidumu Hippocratic Oath: 'primum non nocere' - 'first do no harm to' vary from very narrow to very broad and diverse framework. The paper konstatovano to the conduct of public finances in the Member States of the European Union is not without problems, especially where contributions for health insurance funding mechanisms dominate. Health care financing in member countries of the European Union, more important than other functions affecting the quality of health of citizens, the mood to invest in access to health services and universal health insurance coverage. Financing of health care policy is not the only link of many of them in a long chain of global politics. However, it is indispensable to measure the effects of decisions made, the application of specific measures aimed at systematic and analytical review of available health resources and in consideration of political factors, economic, social and technical character at all levels. Special attention is given to raise funds to cover expenses resulting from universal health insurance coverage.

A Thorn in the Side of European Elites: The New Euroscepticism

The European project has recently reached a critical point, where a discussion on the fundamental objectives of the European Union has entered public debate. Currently there are considerable concerns about a new Euroscepticism arising in response to recent developments and a general feeling of malaise towards the European project from both national elites and ordinary citizens of Member States. This paper engages with the keyword ‘Euroscepticism’, which is somehow connected with both populism and extremism. The distinction between these two phenomena involves the ‘insider’ role of populists and the ‘outsider’ role of extremists, as related to liberal democracy. The connection to Euroscepticism does not mean that populists have anti-liberal features and goals that are a threat to immigrants, minorities and so on. Populism should not be discredited as unconstitutional from the outset. It does not undermine the cornerstones of the democratic canon of values. Populist ‘anti’ attitudes stem from a kind of goal-oriented opportunism, not from a systemic opposition. An anti-system party refuses to cooperate with the ‘system’ parties and has an agenda of destructive refusal within the political process; an anti-party party desires to integrate into the political process constructively, in its own way, and its fundamental traits include always being prepared to communicate and form coalitions. Populist parties operate not with anti-system feelings, but with antiparty feelings. The Treaty of Lisbon will be not the ‘end of the history’, but only an intermediate step for the EU between two permanent challenges: enlargement with more countries, as well as deepening. The European elections of June 2009 showed that there is still much work to do in convincing citizens, not only in the new but also in the old Member States of the EU. The integration process continues to be supported by the governments of Member States so that

Third Country Nationals as Euro-Citizens - The Case Defended

The Amsterdam Treaty bolsters Union Citizenship in order to bring the European Union closer to the citizens of Europe . Inadvertently, this strategy gives citizens of non-EU states an inferior status in the European Union, even though they may be semi-permanent residents in a Member State. Union Citizenship increases the social and political exclusion of third country nationals, in violation of the basic democratic principle that those affected by social institutions should also enjoy political levers of influence. The paper first briefly sketches a Liberal Contractualist defense for awarding this group full citizenship in the relevant Member State, arguing in particular for three somewhat contested issues, that: a) third country nationals should not only enjoy Union Citizenship, but also be given national citizenship in the Member State of residence. b) Member states may impose conditions, oaths etc. on such prospective citizens.c) Member States may withhold some privileges from those resident third country nationals who refuse to be naturalised.The paper goes on to present and discuss, only to dismiss, the most plausible arguments offered in defence of current practice within the context of a Europe of open borders for Member State citizens. These arguments seek to deny citizenship to third country nationals in order:a) To protect national and locally endorsed values ensuring social homogeneity of the community;b) To exclude people with non-liberal values;c) To ensure commitment to a shared future which warrants democratic rights in the first place;d) To avoid instability caused by citizens with conflicting multiple loyalties;e) To ensure and foster the ideal of active political participation, impossible for dual citizens;f) To avoid backlash problems among current EU citizens which threaten the stability of welfare policies of Member States and the EU.

Contested Accountability Claims and GMO Regulation in the European Union

This article investigates the EU's regulation of GMOs (genetically modified organisms) to argue the potential for difficult-to-reconcile conflicts to arise between the internal accountability standards of Member State citizens and external accountability obligations to fellow WTO (World Trade Organization) members. Tracing the internal–external accountability conflicts to the distinct EU–WTO political cultures of GMO risk regulation, the article documents EU decision-makers' attempts to reconcile internal and external accountability claims in the redesign of the EU GMO regulatory framework and the continuing internal and external controversy that surrounds its implementation.