Common Policy Research Articles

Flipping the paradigm of weak patent rights: from theories to evidence

Abstract In recent years, we have been confronted with complex challenges requiring coordinated global responses, such as the Covid-19 pandemic and climate change. At the same time, a negative sentiment towards IP rights (IPRs)—and patents in particular—has gained momentum. Sceptics claim that patents hinder the technology adoption needed to tackle these global crises, and proposals to weaken patent rights have intensified. A closer examination of these efforts reveals that they are generally expressed in two ways: on one side, anti-patent advocacy is backed up by popular, although empirically shaky, theories aimed at questioning patents’ effectiveness; on the other, the paradigm of weak patents is put forward through more incremental and—only at first glance—subtle policy changes that can potentially undermine the foundations of a balanced patent system. We address and review both efforts. Firstly, we examine the ‘first-mover advantage’ theory and we find it inadequate as a substitute for patent protection. Secondly, we focus on the cellular connectivity sector where efforts to weaken the patent system are intense. We discuss three common policy proposals: (i) royalty-free licensing for standard essential patents (SEPs), (ii) limiting injunctive relief under the proportionality principle and (iii) narrowing patent transfers and technology markets. We demonstrate that these seemingly minor changes can destabilize the patent system, and we explore the importance of a balanced licensing framework for the emergent Internet of Things (IoT). Ultimately, we highlight how a strong, efficient and balanced patent system remains crucial for fostering research and development (R&D), incentivizing innovators and effectively addressing the global challenges of our current times.

Has the war in Ukraine changed Europeans’ preferences on refugee policy? Evidence from a panel experiment in Germany, Hungary and Poland

ABSTRACT The Russian invasion of Ukraine in early 2022 resulted in the largest refugee crisis in Europe since WWII. Using a unique panel conjoint experiment on refugee policy preferences carried out in Germany, Poland and Hungary just before and after the onset of the war in Ukraine, we show a heterogenous response to the influx of refugees from Ukraine across the three countries: no change of policy preferences in Germany, moderate change in Hungary and a significant change in Poland. Our results have direct implications for the development of a common EU asylum policy, as even though the countries persistently diverge on the preferred mode of asylum seekers’ allocation, with Germans favouring relocation and Poland and Hungary the status quo, the results highlight the scope for consensus rooted in shared preference for the asylum seekers’ unrestricted access to the labour market. This dimension consistently emerges as the most important policy dimension in all three countries before and after the outbreak of war.

The transitional impact of state pension reform

We use an overlapping generations framework to evaluate the transitional impact of state pension reform on public and private workers, extending our analysis to all fifty U.S. states. We consider reducing cost-of-living-adjustments (COLAs) for retirees and reducing benefit accruals for current workers. The magnitude of reform in each state is calibrated to achieve a common policy goal: the elimination of unfunded pension liabilities within twenty years.Although each reform effectively decreases long run taxes by reducing pension liabilities, variation in fiscal and demographic features creates significant differences in state outcomes. Both reforms yield an asymmetry in welfare outcomes, providing gains to private workers through reduced taxes while causing losses to public workers due to reduced pension income. Wage compensation for affected public workers proves to be a valuable policy instrument for achieving better balance. In the aggregate, state level welfare gains are possible for both reforms.

EU Policy towards the Israel-Palestine Conflict: The Limitations of Mitigation Strategies

ABSTRACT Over the decades, the EU has aimed at resolving the Israel-Palestine conflict through its Foreign and Security Policy (EUFSP) tools, with the ‘two-state solution’ as the over-arching principle for conflict resolution. This policy has been ineffective due to the contextual interplay of multipolar competition, regional fragmentation and EU-level internal contestation. Faced with these contextual constraints, the EU has employed a range of mitigation strategies: delegation as an institutional measure through its Common Security and Defence Policy (CSDP) missions; multilateralisation as a diplomatic/coalitional measure through its participation in the Quartet and other multilateral platforms; and selective engagement as a functional measure through its trade ties with both actors and humanitarian aid policies in order to mitigate the impact of the contextual constraints. However, none of the EU’s mitigation actions have adequately alleviated the impact of the three contextual constraints because of intra-regional sensitivities, divergences and violent clashes, as well as Israel’s ongoing occupation of Palestinian lands with the protection of the United States (US).

The strength of the intergovernmental principle in the common security and defence policy and the weakness of the eu’s strategic autonomy ambitions in the context of the ukrainian crisis

Since the beginning of Russia?s open military attack on Ukraine in February 2022, the European Union has introduced thirteen new packages of economic sanctions against Russia. Moreover, in addition to direct economic aid to Kyiv, Brussels and a number of member states have pursued a policy of sending military aid in various forms, mostly in accordance with their own assessments of security interests and available capabilities. The EU established a military assistance mission (EUMAM Ukraine) and began to use part of the existing programs, such as the European Peace Facility, for the purpose of equipping the Ukrainian army. In addition, the perception of Russia as a longterm threat is increasingly influencing new plans in the field of military industry and future armaments. In this paper, we want to analyse the cooperation of these steps taken by the EU and which member states take independently or (and) in cooperation through NATO as the dominant military alliance on European soil. Our argument is that the practice of this military crisis shows that member states to a negligible extent tend to use the Common Security and Defense Policy as a framework for their actions, to strengthen and build it in the long term, but tend to use either the bilateral ties - towards Ukraine and among each other, or the existing framework of NATO. This argumentation confirms the postulates of the new intergovernmentalism in the study of CSDP. In political practice, the intergovernmental principle remains dominant in the CSDP domain, and shows that the current practice is not effectively aimed at strengthening the CSDP nor does it provide a new synergistic effect, and that relatively, in the broader balance of power, the EU loses compared to the existing ties within the NATO pact and new flexible forms of bilateral and multilateral cooperation of its member states, outside the CSDP.

Наднациональный уровень регулирования в реализации общей рыболовной политики ЕС

The article examines the Common Fisheries Policy (CFP) of the European Union in the context of its developments at the supranational level of governance. Although the CFP is rarely scrutinized by political scientists, the policy has a considerable political dimension due to states’ sovereign interests in the seas, their connections to the social stability of coastal communities, and the escalating struggle over access to the overexploited marine bioresources. The political basis of the Common Fisheries Policy lies in the principle of relative stability which was established in the early stages of the policy development and represents a political compromise between member states regarding catch shares. The current institutional framework of the CFP results from a recent reform initiated in 2013, influenced by the Lisbon Treaty, and eventually entered into force in 2019. This reform finalized the introduction of the sustainable development agenda into policy, which changes the institutional balance and strengthens the role of supranational authorities. Hence, the Common Fisheries Policy may be characterized as a predominantly supranational policy. Brexit and the increasing importance of the external policy dimension underpin the role of the EU institutions. However, the Council has preserved the exclusive prerogative to set quantitative limits on catches, which prevents the complete communitarization of the policy. In this way, growing politization overlaps with the ever-increasing technical complexity of the CFP. The former stems from the European Parliament activism and the supranational demand for expertise from the industry and expert community. As a result, the Commission empowers subnational actors in order to gain an advantage vis-à-vis national authorities that pursue their own interests over the community ones. Also, the article reveals the functional spillover in action, especially as a result of supranational effort to reach sustainable catches, namely multiannual plans, landing obligation. It requires new policy instruments along with general oversight by the Commission.

A Truly “Common” Commercial Policy? – A Legal Assessment of the Ban on Ukrainian Grain in the Interplay of WTO and EU Law

On 18 September 2023, Ukraine initiated proceedings against Poland, Hungary and the Slovak Republic under the WTO Dispute Settlement Understanding. This came in response to bans on Ukrainian grain imports which the three EU Member States had previously introduced. This unilateral conduct puts the common nature of the EU’s commercial policy, an exclusive Union competence, seriously into question. This article elaborates on that jeopardization of the common commercial policy by showing that the grain ban is violating WTO law and may result in retaliations affecting the EU at large. It then assesses whether nevertheless the commonality of the Union’s policy can be maintained both externally and internally. To this end, it elaborates on the practice of the Union in WTO dispute settlement and argues that the conduct of Member State organs is attributable to the EU. Furthermore, it analyses whether and on what basis infringement proceedings against the Member States may be successful. In this, it takes account of norms regarding the common commercial policy, the duty of cooperation, and the WTO Agreements as integral parts of EU law. To this end, special attention is paid to the CJEU’s jurisprudence on the legal value of WTO law and DSB Reports.

РОЛЬ СХІДНОГО ПАРТНЕРСТВА У СПІЛЬНІЙ ЗОВНІШНІЙ І БЕЗПЕКОВІЙ ПОЛІТИЦІ ЄВРОПЕЙСЬКОГО СОЮЗУ

This article examines the role of the Eastern Partnership in the European Union’s Common Foreign and Security Policy, both for the Eastern Partnership member states and the European Union itself. The article considers the agenda of the Eastern Partnership after 2020. It has been established that sustainability is the foundation of the Eastern Partnership, and cooperation will be carried out under five flagship goals. Additionally, ten main tasks were identified, which, along with the flagship goals, will contribute to the implementation of the Eastern Partnership’s tasks. Also, it has been established that the Eastern Partnership plays a crucial role in the EU’s Common Foreign and Security Policy. This initiative was not entirely successful. Belarus suspended its participation in this policy and took part in the aggression against Ukraine. The Eastern Partnership policy did not contribute to the peaceful resolution of disputes between Azerbaijan and Armenia. At the same time, this policy played an essential role in supporting political, economic, and sociocultural reforms in the participating countries to strengthen stability and democracy in the region and form the closest trade ties with the EU. The Eastern Partnership combined the differentiation and inclusiveness of the participating countries. On the one hand, it made it possible to develop relations according to each partner’s interests, ambitions, and progress. The European Union has identified specific flagship initiatives for each state, indicating a balanced individual approach to its partners. On the other hand, the effort aimed at creating the proper prerequisites for joint efforts to promote regional cooperation and implement sustainable development policies. The Eastern Partnership is equally important for the European Union itself. The stability of the neighbors’ economy and society directly affects the European Union’s security, promotes trade development, and has a positive impact on the migration situation in the EU member states, thus increasing the stability of the European Union. It is proposed to determine the priority directions of Ukraine’s cooperation with the EU within the framework of the Eastern Partnership, taking into account the consequences of this initiative of a full-scale Russian invasion of our country and Ukraine’s obtaining the status of a candidate for EU membership.

Interim Measures before the EU Courts in the Realm of the Common Commercial Policy and the Common Foreign and Security Policy

This article focuses on successful interim measures before the General Court and the European Court of Justice in the realm of international trade and restrictive measures. Pursuant to that procedure, a judge may suspend the operation of a contested act. While the conditions for an award of such measures are famously strict, recent case-law of the EU Courts has brought about a more flexible interpretation of those conditions. The article will assess whether that logic is tenable and can be extended to the area of EU trade and restrictive measures. EU, Carbon Border Adjustment Mechanism (CBAM), customs

Current Issues of International Legal Regulation of the Convergence of Transport and Logistics Systems within the EAEU

With the development of integration processes on the territory of the Eurasian Economic Union, the convergence of transport and logistics systems is a necessary condition for both transport connectivity and the development of trade relations. The current geopolitical situation, which led to an increase in traffic and within the EEU and the redirection of transport flows to the East, requires a change in the paradigm of the legal regulation of the transport industry at the interstate level.Aim . Reveal the main problems of international legal regulation of the convergence of transport and logistics ecosystems in the Eurasian region.Tasks. It is proposed to consider the main trends of the formation of an array of legal regulation of the transport and logistics industry in the EAEU as part of the implementation of a common transport policy and the implementation of major infrastructure projects, such as the Eurasian transport framework, to analyze the relevance of the main EAEU documents in the field of transport and logistics, to present the basic elements of the new paradigm of the EAEU unified transport system, including railway transport.Methods. When conducting the research, comparative-legal, formal-legal methods, synthesis, deduction, induction, as well as abstraction and the systematic method were used.Results . The necessity of a significant change in the approach to the formation of an effective model of international legal regulation of transport integration within the EAEU, clarification of the main directions of a common transport policy of the member states of the association, ensuring its competitiveness at the world level, transport and technological sovereignty of Russia and other partner countries, full realization of the transit potential of the union, as well as the effective functioning of the industry in the conditions of Industry 4.0 is substantiated.Conclusions . The proposed integrated approach will make it possible to fully implement the adopted Strategic Directions for the development of Eurasian economic integration until 2025, to lay the foundations for a new stage of integration of transport and logistics systems within the EAEU with the achievement of the set significant milestones in the interests of the countries and peoples of our integration association.

New growth priorities of European Union economic policy

The article deals with the analysis and implementation of the EU common economic policy in relation to approaches for ensuring economic growth. The objective of maintaining sustainable GDP growth rates of European countries has become especially important for the EU institutions since the mid-1980s, when the EU began to lag behind the United States and the newly industrialized countries. Despite the large-scale projects such the ambitious multiannual economic growth strategies, the higher growth rates have not been achieved. Against the backdrop of growing criticism in the scientific discourse regarding the GDP as an indicator to assess the effectiveness of macroeconomic policies, the question arises about a paradigm shift related economic growth. The article examines the GDP, which might turn out to be incompatible with the need to reduce greenhouse gas emissions as the EU top priority at the moment. Therefore a question arises whether the EU is going abandon economic growth in favour of the implementation of the environmental priorities. The author explores the motives and evolution of the economic policy of the EU aimed at stimulating economic growth and finds out how the very concept of assessing the results of the policy has changed. It’s been revealed that the EU institutions began to focus less on the idea of achieving economic growth. One can expect that economic growth will become secondary to addressing environmental and social issues, and the GDP might be supplemented by alternative indicators for measuring economic achievements.

Water tourism demand in the Mekong River basin

This research aimed to explore the influences of water tourism demand on tourists' revisit intention. The data were collected by a questionnaire from a sample group of Thai and foreign tourists who used a water transportation service on the Mekong River in Luang Prabang, Lao PDR. The random sampling method was used as a convenience sampling technique by quota sampling and classified by ports that served tourists in the Luang Prabang area. Then, the data were analyzed by confirmatory factor analysis (CFA) using the ADANCO software program to verify the structural validity of the latent variables and analyze the model’s consistency. The study found that factors affecting the demand for water tourism consisted of two components: (1) Tourism factors and (2) water transportation factors on the Mekong River. Considering the factors that affected the demand for water tourism, it was found that the most influential factor was the water transportation of the Mekong River, especially the creation of a service product for tourists with the purpose of leisure and the type of water transportation service. Simultaneously, demand for water tourism was found to be one of the main factors reflecting the influence of tourists' revisit intention, especially water tourism on the Mekong River. According to the study, factors affecting the demand for water tourism in the Luang Prabang area greatly affected the demand for water tourism; in addition, the demand for water tourism affected the tourists' revisit intention as well. Therefore, entrepreneurs in water tourism should pay attention to water transportation, and whether it would be the type or design of the water transportation, standards of the water transportation, security measures, and setting a clear service schedule. etc., so that tourists could make their own travel plans to be more appropriate. Furthermore, the Lao government and the private sector should adopt common and unified policies for developing water tourism and promoting publicity and tourism marketing for the effectiveness of Luang Prabang’s water tourism activities.

Экономическая дифференциация и восприимчивость муниципалитетов российской Арктики к федеральным преференциальным режимам

The modern Arctic policy of Russia focuses on the Arctic Zone of the Russian Federation (AZRF) as a single macroregion. However, since the Russian Arctic is internally heterogeneous, a common Arctic policy can either increase or decrease the differentiation of municipalities. Therefore, to improve federal spatial policy, it is necessary to assess the differentiation of Arctic municipalities and their receptivity to federal support measures for investors. To this end, the study proposes a new indicator, namely, the share of social and other benefits to the population in the sum of social benefits and taxable income of individuals and individual entrepreneurs. Unlike traditional wage indicators, the proposed indicator adequately reflects the income of the population and is not distorted by territorial price differences. This indicator for the AZRF varies from 5 % in municipalities with accelerated gas production to more than 50 % in peripheral areas. A reduced share of social benefits is typical for agglomerations of regional capitals, industrially developed municipalities or important seaports. The receptivity of municipalities to federal preferential treatment is analysed based on the author’s processing of resident registers (distribution of residents by Arctic municipalities). According to the results, investors are primarily attracted to the largest urban agglomerations of the European Russian Arctic (about half of residents of the Russian Arctic are in Arkhangelsk and Murmansk agglomerations), while the impact of preferential treatment on peripheral municipalities is minimal or non-existent (there were no residents of the Russian Arctic in approximately 20 percent of municipalities in three years). Such a situation will increase the imbalance in economic development of Arctic municipalities, therefore, state policy should provide various measures to support different municipalities, which should be substantiated in further research.

Вопросы кибербезопасности в решении глобальных задач ООН по борьбе с терроризмом

Today, cybersecurity threats are one of the main problems faced by all countries. Cyberspace plays an important role in our modern life, uniting people and communities around the world, providing them with the opportunity for socialization and self-organization. This article highlights the main types of cyberattacks and threats, as well as suggests methods to prevent them. Various types of cybercrimes are considered, as well as the necessary actions to combat cyberterrorism. Cybercriminals actively use various methods and techniques to carry out cyber attacks, including unauthorized access to systems, theft of personal information, financial fraud and the distribution of malicious software. Cyberterrorism is also a danger, since cyber attacks can be used to create chaos and disrupt the functioning of critical infrastructures, such as government institutions, healthcare systems, energy, and so on. To ensure cybersecurity, cooperation is necessary both at the state and at the international level. Cooperation at the state level includes joint initiatives to exchange information about threats, joint trainings and exercises to improve the skills of cybersecurity specialists, as well as the development of common standards and policies in the field of cybersecurity. At the international level, it is important to establish a dialogue between various countries and international organizations, such as the UN, the European Union, NATO and others. This will allow us to coordinate strategies, coordinate measures to prevent and respond to cyber attacks.

МЕХАНІЗМ ЄВРОПЕЙСЬКОГО ПОЛІТИЧНОГО СПІВРОБІТНИЦТВА В ІСТОРІЇ ЗОВНІШНЬОЇ І БЕЗПЕКОВОЇ ПОЛІТИКИ ЄВРОПЕЙСЬКОГО СПІВТОВАРИСТВА (60 – 80-ТІ РОКИ ХХ СТ.)

The article reflects the results of the study of the history of the formation of foreign and security policy of the European Community at the stage of functioning of the European Political Cooperation (EPC) mechanism. The prerequisites for the formation of the foreign policy mechanism of interaction between the EEC member states are shown. The formation of political conditions and institutional and functional dimensions of the EPC is analyzed. The main international problems that had to be solved by the participants of European integration through the EPC mechanism are highlighted. The author takes into account the specifics of this segment of cooperation of the European Community States, which for a long time did not have an official status and was in fact experimental. The author points out the defining contradictions and controversial issues of the development of the foreign policy segment of the European Community in the context of the maturation of transformations in the system of international relations and world security in the second half of the 1980s. The study concludes that the establishment of the EPC format meant only the beginning of a complex process of formation of a full-fledged subjectivity of the European Community in the international arena. The period from 1970 (formal creation of the EPC mechanism) to 1986 (adoption of the Single European Act) can be interpreted as the initial period in the history of the formation of the European Community’s foreign and security policies. In general, the usual weakness of the mechanism for coordinating the foreign policy of the EEC states was manifested due to the diversity of their international interests and, most importantly, the lack of effective means of implementing common positions. However, this does not diminish the historical significance of this period. After all, at that time the Community formed the principles and basic approaches to its political organization and activities in the international arena. Also, its leadership learned to respond as quickly as possible to the challenges of world politics and form its policy in different regions of the world, diplomatic representation, and international image. The result of these changes provided invaluable experience for the establishment of the Common Foreign and Security Policy of the European Union. The inclusion of foreign and security policy in the regulatory framework of the EEC in the Single European Act of 1986 meant only the beginning of a complex process of forming a full-fledged subjectivity of the European Community in the international arena.

ОСОБЛИВОСТІ СТРУКТУРИЗАЦІЇ БЮДЖЕТНОЇ СИСТЕМИ ЄВРОПЕЙСЬКОЇ СПІЛКИ

The formation of economic, customs, currency unions, as well as common budgeting systems by independent states can be considered as a concomitant trend of modern globalization processes. It is globalization, as well as increasing economic interdependence and a greater degree of market openness, that have led to the need for more effective management of regional financial transactions, as well as coordination among decision-making centers. The task of increasing the efficiency in the financial management of these associations can be solved due to the synergistic effect of the integration of the economies of the member states of such unions. The Economic and Monetary Union of European States is a vivid example of the result of integration processes in the field of economics and finance. Its most significant achievement is the implementation of a common monetary policy. However, important theoretical and practical problems arise both in the implementation of the budget policy and in the management of the budget processes of the Union. An unconditional factor in improving the efficiency of budget process management is the use of the resultoriented budgeting mechanism, the establishment of a clear relationship between goals, objectives, implementation tools, and indicators of expenditure effectiveness. This mechanism can be used in the practice of budgeting not only by sovereign states, but also by regional associations. The integration of the result-oriented budgeting mechanism into the budget systems of regional associations is associated with solving the problems of budget planning, coordination of participants in the process of coordinating budget decisions, execution and control. The EU's experience in managing budget processes has developed as a result of constant processes of improvement, adaptation to changing conditions, and the development of the most optimal solutions for the distribution of the Union's resources. Undoubtedly, the experience gained is unique due to the specifics of the EU from the economic, political, and institutional points of view. Nevertheless, the developed mechanisms and principles of management are of interest for a detailed study and assessment of the possibility of applying the established practices to other integration associations. Strengthening regional integration associations is a priority task for Ukraine in the framework of the implementation of the foreign policy concept. One of the main factors contributing to the integration processes is the provision of sustainable coordination mechanisms between members in the adoption and implementation of joint decisions, including within the framework of joint budget management. Consequently, strengthening and increasing the efficiency of the system of managing budget processes can contribute to achieving the task of strengthening the integration of regional associations as a whole. In this regard, the study and analysis of the

LEGAL INSTRUMENTS FOR IMPLEMENTING SUSTAINABLE DEVELOPMENT IN THE EUROPEAN UNION AND MERCOSUR’S TRADE AGREEMENT

The subject of the study is the external trade relations of the EU as a subject of international law, concluded with organisations of states and individual countries within the framework of the EU Common Commercial Policy. The aim of the study is to assess the provisions of the EU-Mercosur Agreement made in terms of the choice of legal instruments for the association of the two regions in terms of sustainable socio-economic growth and trade, while ensuring environmental protection and consumer food safety. The essential considerations are preceded by a demonstration of the evolutionary changes in the approach to food safety and environmental protection in the EU’s external trade agreements and Mercosur’s internal regulations. The analysis carried out mandates a number of conclusions relating to the two chapters of the agreement governing food safety of imported food products and environmental protection. The norms as negotiated in the agreement do not implement the objective of sustainable development and should be renegotiated. The exclusion of the precautionary principle only confirms the thesis that has been put forward.

ДОСЯГНЕННЯ ТА ВИКЛИКИ СПІЛЬНОЇ ПОЛІТИКИ БЕЗПЕКИ Й ОБОРОНИ ЄВРОПЕЙСЬКОГО СОЮЗУ (1999–2016 рр.)

The article examines the formation of the Common Security and Defence Policy of the European Union and the first stage of its development (1999–2016). The legislative framework for European integration in security and defence is analyzed, primarily a number of treaties adopted at the end of the 20th and the beginning of the 21st centuries. It was found that their normative provisions began to be implemented within the framework of the EU CSDP (until 2009 – ECSDP), which was launched in 1999 thanks to the decision of the European Council. The key directions of the EU CSDP at the first stage of its development (1999–2016) were the implementation of peacekeeping operations, the formation of battlegroups, as well as the initiation of joint projects in the field of defence within the framework of the European Defence Agency. It was concluded that the first two directions carried out at the expense of the capabilities already available in each country, developed most dynamically. From 2003 till 2016, the EU carried out more than 30 peacekeeping operations in different parts of the world, and since 2005, multinational combat groups began to go on duty. However, the effectiveness of the implementation of the CSDP was affected by the lack of a single strategic culture among the participating countries, which led to cases of blocking proposals for peacekeeping operations or the use of EU battlegroups to resolve crises. A serious problem at the first stage was also the lack of joint financing mechanisms for peacekeeping operations and battlegroups, due to which most of their costs were transferred directly to the participating countries. It was revealed that the weakest link during 1999–2016 was the third direction of the CSDP, which related to the joint development of defence capabilities at all stages. The article concludes that the experience of the first stage of the CSDP was taken into account in the further reform of the EU, in particular, in the process of launching new initiatives during 2017–2022, which brought European defence integration to a new level. It is emphasized that Russia’s invasion of Ukraine proved the need for further reform of the CSDP while simultaneously strengthening the EU’s cooperation with the USA, NATO, and Ukraine.

THE ISSUES OF CHALLENGING EU SANCTIONS DECISIONS: MECHANISMS AND CJEU CASE LAW ANALYSIS

This article examines the legal framework and judicial oversight of the European Union's (EU) restrictive measures, which are integral to the EU’s Common Foreign and Security Policy (CFSP). The focus of this study is on the mechanisms available for challenging these measures and the pivotal role played by the Court of Justice of the European Union (CJEU) in ensuring their legality and procedural fairness. Through a comprehensive analysis of relevant case law, this article explores the procedural requirements for challenging sanctions, including the prerequisites for standing, the timelines for lodging complaints, etc. It highlights the CJEU’s approach to balancing the EU’s policy objectives with the protection of fundamental rights, emphasizing the court’s scrutiny of the Council of the EU's decisions and the necessity for robust evidence supporting sanctions. Key findings include an examination of the evolving landscape of EU sanctions in response to geopolitical events, such as the conflicts involving Russia and Ukraine, and the legal challenges that have arisen from these measures. The article provides insights into the broader implications for international law and the ongoing need for judicial oversight to ensure the effectiveness and fairness of EU sanctions.

Gratitude Day: the role of cultural heritage in the construction of a common identity and symbolic policy of the Republic of Kazakhstan

This paper is written on the basis of analysing the speech of the President of the Republic of Kazakhstan, who initiated the Day of Gratitude in 2015. The research explores the official concept of the holiday, examining its key ideas, media content related to the celebration, materials providing insights into the history of the formation of the multiethnic community - the people of Kazakhstan, and oral-historical evidences of various peoples deportation to the territory of the Republic. The use of historical documents and field materials allows for the identification of the cultural foundations of the holiday, resulting from the historical and cultural trauma and collective memory of the Kazakh people. The analysis of sources not only reveals the fundamental basis of the celebratory date but also identifies another important aspect - the influence of traditional hospitality practices that institutionally provided the reception of non-indigenous populations in Kazakhstan. The scientific significance of this work lies in its interdisciplinary historical-anthropological approach, expanding the boundaries of understanding the historical and cultural foundations of the holiday's actualisation. The methodological framework of the article is grounded in the theories of hospitality, memory, empathy, and symbolic politics, allowing for the uncovering of implicit foundations of the examined celebration. Examining the official concept of the Gratitude Day for its interpretation as a holiday elucidating the history and stages of the formation of the republic's multiethnic community. Additionally, it serves as the basis for constructing social and political unity – the people of Kazakhstan. The practical significance of the conducted research lies in the scientifically substantiated identification of the constructive foundations of the Day of Gratitude, obtained from the shared historical destiny of the people of Kazakhstan, as well as in providing an addition to the official concept of the holiday.