EU Citizens Research Articles

Odluka suda EU u slučaju Coman - indirektno priznanje istopolnog braka?

In the Coman case, the European Court of Justice was asked whether the term "spouse" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.

РОЗВИТОК ЦИФРОВИХ КОМПЕТЕНЦІЙ ЯК ПІДПРОЦЕС ДЛЯ РОЗРОБКИ БІЗНЕС-СТРАТЕГІЙ МЕТОДОМ ДИЗАЙН-МИСЛЕННЯ

The paper presents the peculiarities of the processes of digital transformation of business structures on the basis of the use of modern methods of organization. Based on a deep analysis, it is determined that the use of design thinking as a modern method allows creating viable business models, in particular digital, on the request of the target audience, with understanding that teams of organizations are not the target audience. Development of digital competencies for the organization of works related to the development of business strategies by design thinking proposed as the mandatory subprocess. In general, it is expedient to substantiate the need to develop and improve theoretical positions, methodological approaches and practical recommendations for digital transformation processes in business structures, highlighting the main features. Main factors that are directly related to the digital transformation of innovation processes are highlighted. In addition, special role is given to digital competencies development; specific features of aspects of design thinking are highlighted. The tasks solved is to research, analysis, substantiation and development of theoretical and methodological provisions, scientific and methodological approaches and practical recommendations for the rational organization of the process of digital transformation of business structures, so the concept of digital transformation in this article is highlihted. The digital skills framework for citizens, which is adapted to the national, cultural, educational and economic characteristics of Ukraine “Framework of digital competencies for EU citizens (DigComp 2.1.)”, and for business by levels of ownership (basic, medium and high) analyzed. It is proved that the introduction of digital technologies and aspects of design thinking affects the performance of the enterprise as a whole and the transformation of individual business models. It is proved that the spread and acceleration of digital transformation of business structures will have a positive impact on the digitalization of society as a whole and increase its efficiency through the use of digital technologies and digital competencies development in the digitalization of the economy.

Calamities, Common Interests, Shared Identity: What Shapes Altruism and Reciprocity?

We conduct a large-scale survey experiment in nine European countries to study how priming a major crisis (COVID-19), common economic interests, and a shared identity influences altruism, reciprocity and trust of EU citizens. We find that priming the COVID-19 pandemic increases altruism and reciprocity towards compatriots, citizens of other EU countries, and non-EU citizens. Priming common European values also boosts altruism and reciprocity but only towards compatriots and fellow Europeans. Priming common economic interests has no tangible impact on behaviour. Trust in others is not affected by any treatment. Our results are consistent with the parochial altruism hypothesis, which asserts that because altruism arises out of inter-group conflict, humans show a tendency to favor members of their own groups.

Основы байесовского подхода к количественному анализу (на примере евроскептицизма)

This article attempts to identify the main assumptions, prerequisites and techniques of the methods developed by some modern statisticians on the basis of T. Bayes' theorem for the purposes of social variables interactions assessment. The author underlined several advantages of the given approach as compared to more traditional quantitative methods and highlighted key research areas subject to evaluation by Bayesian estimates. First of all, this approach is compatible with game and decision theory, event analysis, hidden Markov chains, prediction using neural networks and other predictive algorithms of artificial intelligence. The Bayesian approach differs significantly from traditional statistical methods (first of all, it is focused on finding the most probable, rather than the only true value of the feature coupling coefficient), hence a graphical interpretation was provided for such basic concepts and techniques as probabilistic inference, maximum likelihood estimation and Bayesian confidence network. The described tools were used to test the hypothesis about the impact of life quality decrease on rise in Euroscepticism of EU citizens. ANOVA and correlation analysis of 27 thousand people’s responses to Eurobarometer questions addressed in November-December 2019 attributed strong likelihood to this assumption. Moreover, Bayesian approach allowed for a probabilistic conclusion that this hypothesis is more plausible than the link between Euroscepticism and respondents’ current financial situation (explanatory power of comparison to the past is relatively greater).

Opinion on the Future of Personal Data Transfers from the EU/EEA to Israel & the Occupied Territories

The opinion seeks to contribute to discussions about the future of personal data flows between the European Union on the one hand and Israel and the Occupied Territories (OTs) on the other. In that context, it seeks to contribute to the review of the 2011 EU Adequacy Decision on Israel under the EU General Data Protection Regulation (GDPR) that is currently underway. The reason to focus on Israel and the OTs is twofold. Firstly, transfers of EU personal data to this region pose special challenges in the light of international law and the EU’s policy of “differentiation” between Israel and the OTs, which has been affirmed by rulings of the Court of Justice of the EU (CJEU). Secondly, they warrant scrutiny because of Israel’s extensive surveillance activities that raise questions about potential access by Israeli state security agencies to EU citizens’ data. The July 2020 Schrems II judgment of the CJEU invalidated EU arrangements for data flows to the United States precisely because of such concerns – with clear implications in relation to other third countries including Israel. An Executive Summary is provided at the beginning of the opinion (pp. 5-7)

Коронакризис в ЕС: нокаут или трамплин для интеграции?

Received 25.10.2020. The spread of the new coronavirus infection and the ensuing lock-down dealt a devastating blow to the EU economy. The depth of the crisis, as well as the difficulties of developing a common recovery program, put under question the EU ability to overcome this challenge. As long as the first wave of COVID‑19 is over, the stage of urgent measures responding to unexpected threats is over, the long-term anti-crisis program is negotiated, it is possible and necessary to summarize the interim results of the impact of the COVID‑19 outbreak on the European economy. The purpose of this article is not only to assess the impact of the first wave of the pandemic on the European economy and systematize the anti-crisis measures taken, but also to analyze the role of the coronacrisis in the further development of the EU through the prism of the main integration theories. The study revealed that the coronavirus crisis has not (yet) brought the European integration to its final. Faced to a huge threat to security and well-being, European leaders managed to negotiate a recovery plan. The disadvantages of the deal are the risk of erosion of the supranational governance and the threat of politicization due to belated decisions with limited potential. However, the majority of EU citizens still support further strengthening of the integration. To maintain this momentum, it is important to quickly finalize the mechanisms for implementing the recovery program in order to reduce public discontent and prevent the replacement of supranational governance by intergovernmental interaction.

Towards an Integration of The Legal Norms of the WTO and the EU

The WTO, which is composed of 164 Member States at different levels of development, currently plays an increasingly important role as a legal regulator on the global level. Simultaneously, the EU (which currently consists of 27 Member States) has introduced law at the regional level. Although these two organizations do have similarities, they also differ significantly from each other and in practice function in isolation. The WTO is an entity /with its own legal norms, whose aim is to support trade liberalization. On the other hand, the EU is notable for guaranteeing peace, promoting shared values and generating wealth for all EU citizens by means of its own norms. As the EU and its Member States are a State Party of the WTO, the legal regulations of the WTO are included in EU sources of law and are binding for all EU Member States. Thus, the relationship between the WTO and the EU is closely related. This contribution deals with the theoretical comparison between the EU and the WTO in the context of axiology, basic principles and human rights protection aspects. I am of the opinion that it is not justified to look at these organizations in a completely separate way but to identify their common features. The main aim of the contribution is to confirm the hypothesis whether the process of integrating their legal regulations is possible. To consider this issue the Author has divided this paper into three parts: an introduction, a study of the WTO, a study of the EU and a conclusion. The following research methods have been used: legal comparison, analytical and descriptive.

Calamities, Common Interests, Shared Identity: What Shapes Altruism and Reciprocity?

We conduct a large-scale survey experiment in nine European countries to study how priming a major crisis (COVID-19), common economic interests, and a shared identity influences altruism, reciprocity and trust of EU citizens. We find that priming the COVID-19 pandemic increases altruism and reciprocity towards compatriots, citizens of other EU countries, and non-EU citizens. Priming common European values also boosts altruism and reciprocity but only towards compatriots and fellow Europeans. Priming common economic interests has no tangible impact on behaviour. Trust in others is not affected by any treatment. Our results are consistent with the parochial altruism hypothesis, which asserts that because altruism arises out of inter-group conflict, humans show a tendency to favor members of their own groups.

Challenges of consumer protection regarding artificial intelligence

Artificial intelligence has gained more significance in the past few years because of the advanced algorithms, increased data storage and computing power. On the contrary, the novelty has several disadvantages, such as lack of transparency or the possibility of data protection problems. Thereby, there is an urgent need to regulate it properly. As a result of the phenomenon, the European Commission has created a Proposal for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence and Amending Certain Union Legislative Act’ in order to protect EU citizens, consumers. The so-called ‘Artificial Intelligence Act’ highlights the importance of consumer protection, as it was established in a previous EU document, the White paper on Artificial Intelligence. This paper aims to examine the regulatory framework of AI on the level of the European Union and to describe the challenges of consumer protection in this new digital era.

W oczekiwaniu na wykonanie art. 23 TFUE i art. 35 TUE – wciąż niepełne prawo obywateli Unii Europejskiej do opieki dyplomatycznej i konsularnej

<p>In 1992, with the adoption of the Maastricht Treaty, a new institution, namely EU citizenship, was created. The treaty introduced a qualitative change in the sphere of political and legal position of citizens of the Member States, who gained in these spheres a number of new powers. One of them is the right to diplomatic and consular protection. The analysis of these two rights leads to a conclusion about the great discrepancy that exists between treaty guarantees and the effective exercise of this right. The Member States did not agree with third countries on this subject, which is a requirement of international law. Secondary law also allows only a partial exercise of the treaty’s right to care in the territory of third countries. It has been reduced only to consular assistance and is still narrowly understood. The treaty law of EU citizens remains therefore at a very early stage of development.</p>

COVID-19-related travel restrictions and mobility rights: A test for international human rights standards and EU citizenship

While there is still much that we do not know about COVID-19, it has by now become clear that, far from being “the great equalizer” or a catalyst for international solidarity, the disease is disproportionately impacting the poor and the most vulnerable, fuelling nationalist and xenophobic sentiments, and prompting a resurgence of borders and mobility restrictions all over the globe. Many States have resorted to emergency measures and/or derogated from their international human rights obligations to enjoy more leeway when restricting individual freedoms in their “war” against the pandemic. Mobility rights are among the most impacted by the COVID-19-related measures, with lockdowns, mandatory quarantines, and travel bans. The article discusses the extent to which the EU Member States’ use of their international and EU law prerogatives to close their borders on public health grounds can be considered to have breached international human rights standards and hindered EU citizenship.

Autonomous Eurozenship: Addressing the EU Citizenship Tourism Dilemma

As a consequence of granting all MS nationals the status of EU citizens (Eurozen), the interdependence of national acquisition processes has increased. Nationality acquisition however remains within the prerogative of individual MS and as such, cooperation between MS is practically non-existent. Granting national citizenship no longer concerns only one MS, but affects other members of the Union. A number of arguments can be, and have been, made in support of an endeavour to harmonise the conditions or criteria for the grant of national citizenship, if the future of Eurozenship is indeed the “fundamental status of nationals of the Member States”, as the ECJ as proclaimed in a number of cases . One such argument is the need to address the legal loophole created by the proliferation of the free movement of persons within the EU, namely, ‘citizenship tourism’. Citizenship tourism refers to the possibility for a TCN to selectively choose which of the 27 MS’s nationality to attain in order to (quickly, cheaply and easily) acquire Eurozenship and avail of the rights that comes therewith. This concept is distinct from “citizenship shopping” or “passport shopping”, which generally refers to the ability to buy citizenship by investing in the MS concerned.

Legal and Historical Aspects of Civic Activity in the European Communities and in EU

Civic activity in the European Communities and the European Union has never been the priority. This is visible in the legislative acts which emanate a lack of political will of the European decision-makers in this respect. The project of European Communities had an elite character from the very beginning. Increasing integration, which meant that the sovereignty of national states was gradually ceded onto the institutions of the Community, enforced gradual involvement of citizens in this process. This was supposed to show in direct elections to the European Parliament (since 1979) as well as in the possibility of expressing the will in treaty referendums. Together with the formal establishment of the European Union, its citizenship was established too by introducing the European Citizens’ Initiative. Theoretically, it was supposed to be an instrument allowing the Union citizens to get directly involved in its legislative process. In practice it proved to be a highly imperfect legal tool whose provisions had to be amended. The few attempts to give the vote to the citizens, such as the referendum over the Maastricht Treaty, the referendum over the Treaty establishing the Constitution for Europe, or the Treaty of Lisbon effectively discouraged the legislator from this type of democratic experiments. When the EU citizens noticed that the legally available forms of civic activity were but a façade of democratization, they focused on other models of operativeness.

Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law

Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law

Crossing borders: the intersectional marginalisation of Bulgarian Muslim trans*immigrant sex workers in Berlin

ABSTRACT Bordering situates immigrant sex workers at the margins of an already marginalised industry and naturalises the legal conditions of their dispossession and precarity. Drawing on ethnographic fieldwork in Berlin, we offer a situated intersectional analysis of the everyday bordering experiences of Muslim trans*immigrant sex workers from Bulgaria (hereafter TISWs). Focusing on three interactional contexts – minority belonging within EU and German politics, encounters with medicolegal institutions, and the new sex work regulation in Germany – our study demonstrates both that everyday bordering experiences derive not solely from national border enforcement and citizenship regulation but also from intersectional sociocultural barriers imposed by non-state actors, while the internal bordering practices of the German state exacerbate the exclusion and marginalisation of sex/gender transgressive people and sex work. We conclude that despite their physical existence as EU citizens in Berlin, TISWs’ everyday bordering experiences require a more nuanced understanding of intersectional systems of oppression which postpones TISWs’ arrival in Berlin indefinitely.

Reframing political space. Pro-European mobilisation and the enactment of european citizenship

ABSTRACT This article asks how pro-European activism relates to the idea of European citizenship. Its ambition is to evaluate recent mobilisations in light of an activist understanding of citizenship and relate them to a broader dynamic of reframing political space. Despite its ambivalent founding in market integration, EU citizenship as a legal status has a political potential which has hardly been sufficiently discussed. Exploring the performative as well as polity-constituting dimension of enactments of European citizenship, the article elaborates on the role of narratives and imaginaries of democratic founding that are the basis for political mobilisation. Reflecting on recent attempts to transfer the idea of constituent power to a transnational setting, it suggests a reinterpretation which incorporates the inherent paradoxical dimension of enactment and representation. ‘Constitutive moments’ are sequences of rupture rather than single events, creating narratives of shared past and future, which reach out to construct new commonalities.

Becoming a part of ‘elsewhereness’: On the self‐perceived integration of Swedish immigrants in Portugal

AbstractThis article discusses the self‐perceived integration of Swedes permanently residing in Portugal. The knowledge of how EU citizens, particularly Swedes, live and integrate into Portuguese society is limited. The conceptual framework on self‐perceived integration takes its points of departure from the concepts of a sense of belonging to society and place, feelings of discomfort and coping tactics. Using a semi‐structured interview guide, 36 in‐depth interviews with Swedes permanently residing in Portugal were conducted. Whereas some of the permanently residing Swedes have no ambition of integrating into Portuguese society, others display a strong self‐perceived feeling of being integrated within the community where they live. The added value of this paper is that it shows the complexity behind the construction of the feeling of self‐perceived integration of Swedes in Portugal. Building a feeling of self‐perceived integration depends on many factors and is not a linear process.

FUNCTIONAL PRINCIPLES OF EU LAW IN THE LAW ENFORCEMENT PRACTICE OF THE COURT OF JUSTICE

The article is devoted to the study of the principles of law that determine the fundamentals of the EU functioning. The concepts of general principles of law, international principles of law as well as principles of EU law are distinguished. The principles of EU law are classified into international, democratic, economic, organizational, functional, sectoral. The study of the principles of EU law is important for Ukrainian science in the context of Ukraine's integration into the EU. The results of the research will help the judiciary to integrate the principles of EU law into its case law. The Constitutional Court of Ukraine and the Supreme Court will play an important role in the integration of EU law into the national legal order. The following definition of the concept is proposed: the principles of EU law are the fundamental ideological principles of the EU legal system, which determine legal status of the EU as a subject of law and international relations; legal status of EU citizens; basic principles of organization and functioning of the EU; areas, limits and mechanisms for exercising the powers of the EU institutions; principles of legal regulation in the areas that fall within the competence of the EU. The principle of conferral is singled out as a fundamental functional principle from which other principles of EU law originate, namely: the principle of coherence of policies and actions; the principle of open EU cooperation with Member States; the principle of subsidiarity; the principle of proportionality; the principle of open cooperation between EU institutions; the principle of institutional balance. Their relationship and the mandatory nature of compliance are established. The operation of any of the institutions contrary to the principle of conferral or any of the principles named is a ground for appealing against such actions before the Court of Justice. According to Article 263 TFEU, the Court of Justice has the jurisdiction to review the legality of legislative acts, decisions or actions of the European Council, the European Parliament, the European Commission and the European Central Bank, as well as bodies, offices and agencies intended to produce legal effects vis-à-vis third parties. The content of the functional principles of EU law is revealed and the order of their application by the Court of Justice of the EU is analyzed on the example of one of the decisions. The classification of principles of EU law on a source of their placement is offered. In the system of principles of EU law should also be distinguished: 1) the principles of law that follow from the provisions of international law (the principle of peaceful cooperation and the principles of the UN Charter); 2) the principles of law derived from the principles of market economy and social policy (the principle of economic, social, territorial unity of the Member States and solidarity between them); 3) the principles of law derived from democratic principles (principle of respect for human dignity, freedom, representative democracy, equality, rule of law, respect for human rights, including the rights of minorities). Therefore, in a general sense, the system of principles of EU law includes: international principles of law, general (democratic principles of law, economic principles, principles of EU law) (organizational, functional, sectoral). KEYWORDS Key words: general principles of law, principles of EU law, EU Court of Justice, the principle conferral, EU goals

The End - or a New Beginning? The EU/UK Withdrawal Agreement

Abstract The Brexit withdrawal agreement is full of tensions between EU and international law, and mixes together provisions winding down the UK's membership and continuing the EU/UK relationship—culminating in the confused and incomplete provisions on Northern Ireland. This paper analyses the key elements of the agreement, including its legal effect, dispute settlement provisions, and rules on UK and EU citizens' acquired rights.

The relevance of family status created abroad for the freedom of movement in the EU

Article 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Member State if he/she could not be accompanied by his/her closest family members who are not EU citizens. Certain family members, such as a spouse or direct descendants, enjoy therefore a derived right of free movement pursuant to Directive 2004/38. This may give rise to complications when the family relationship in question is not recognized in the Member State to which the family wishes to move. This paper discusses two recent judgments where the CJEU had to deal with this issue, in particular regarding a same-sex marriage (Coman, C-673/16) and the adoption-like Islamic kafala (SM v. Entry Clearance Officer, C-129/18).