EU Experience Research Articles

Balancing the Free Flow of Information and Personal Data Protection

This article explores the issue of China’s privacy protection triggered by the tension between the value of free flow of information and the value of personal data protection. The tension is explained through the analysis of the growing significance of data flow and the urgency of privacy protection. By examining the enormous value of free flow of information and a reference to the EU experience, this article takes the stand that Chinese lawmakers are supposed to give priority to free information flow. And suggestions will be provided regarding China’s future personal information protection legislation.

Tax Instruments for Mitigating Dumps (EU Experience)

The importance of the research topic is determined by the acuteness of the growing number of industrial and domestic waste dumps in the Russian Federation that pollute the environment, which demands for making urgent resolutions in order to mitigate the amount of waste, as well as to develop the industry for their processing. The subjects of the research are tax instruments to be used for reducing the amounts of waste taken to the dumps, the dumps liquidation in case they are not given sanction to operate. The purpose of the work is to summarize the experience of EU memberstates and to suggest ways of using it in domestic practice of waste management. The author also focuses on the evolution of approaches to tax politics forming according to the hierarchy of waste management methods. The research was conducted on the base of systemic approach using a wide range of scientific methods (comparative analysis, data grouping, logical analysis, etc.) As dumps the author considers both official ones and any landfill or waste disposal site that not necessary meets official requirements for such places and can cause harm to the environment. It is concluded that current tax instruments are intended for both solving problems of recycling of industrial and domestic waste and for its management. European countries successfully employ taxes on dumps and on burning waste as a way to reduce ecological impact of dumps on the environment. Taxes are in an important economic instrument for nature preservation, they can be more efficient than restricting measures as public payments create value signals changing businesses and population behavior. At the same time, every country uses its own mix of tax instruments to achieve their goals.

Використання і збереження водних ресурсів в Україні: сучасний стан імплементації норм права Європейського Союзу

The article analyzes the current state of implementation of effective mechanisms of legal support for the rational use and conservation of water resources in Ukraine, taking into account the requirements established by international and European standards. In order to achieve this goal, the EU's legal experience in the environmental field has been explored. It is established that the foundations of bilateral cooperation between Ukraine and the EU in the field of environment are determined first of all by the Association Agreement 2014. In order to practically fulfill the tasks of adaptation of the legislation of Ukraine to the EU legislation, a number of normative legal acts aimed at organizational – legal support of this process. It is determined that among the global environmental problems of today, some of the most urgent are the problems in the use and conservation of water resources, the immediate solution of which depends on the further life and health of man. According to the sector «Water Quality and Water Management, including the Marine Environment» of the National Strategy for Approximation (Approximation) of EU Laws to Environmental Law, our country must first adapt national legislation in accordance with Directive 2000/60/EC Water Policy Communities – Water Framework Directive. The study found that Ukraine is actively involved in the implementation of EU water legislation. The water legislation of our country is sufficiently branched and developed. Keywords: water resources, use and conservation of water resources, EU law, water law of Ukraine, implementation, adaptation

The Rehabilitation Of The European Union’s Emissions Trading Scheme: Should Australia Go There Again?

In 2005 the EU’s ETS became the first mandatory scheme to be implemented. The 2012 Australian ETS was based on the EU precedent and the plan, before the Australian ETS was repealed, had been to link the two regimes. The EU scheme suffered a serious setback early on when the market price for EU units collapsed below that considered necessary to motivate the intended emission reductions. During the last decade the EU’s institutions have struggled to settle upon solutions to rehabilitate the ETS but, eventually, during 2018, signs of a sustained price increase appeared. For Australia, and other jurisdictions, the EU experience illustrates some pitfalls to avoid when establishing an ETS and provides lessons for ETS design.

The EU Experience as a Model for the Development of a Single Financial Market Regulation in the Eurasian Economic Union (EAEU)

Five countries became members of the Eurasian Economic Union – an international organization of regional economic integration. The Republic of Kazakhstan, the Russian Federation, and the Republic of Belarus signed the international Treaty in the city of Astana, Kazakhstan on May 29, 2014. The Republic of Armenia and the Kyrgyz Republic acceded to the Treaty later. Harmonized regulation of financial markets should be one of the initial areas of cooperation, with the aims of creating a single financial services market within the EAEU and ensuring non-discriminatory access to the national financial markets of each of the member states. The EAEU member states have already entered into the initial stage of developing the Eurasian common market in financial services. A considerable part of the work should be carried out by a supranational financial market regulation body, which is to be established by 2025 according to the EAEU Treaty. Such financial integration in the EAEU has only been in progress for a limited time period and many of the key steps are yet to be done. The existing national-markets development level is highly non-homogeneous and is in need of further development. In such circumstances, a relevant question related to the study of foreign experience arises. European Union started to form its single financial services market in 1973, and since then it has gained certain experience in financial markets integration. This research paper is dedicated to the issue of necessity and possibility of using the EU experience in the course of the EAEU Single market development. The issue will be addressed in terms of political, legal, academic, and practical aspects. The article is of a general, theoretical legal character, which is why emphasis will be placed on legal and doctrinal questions. Special attention will be paid to an analysis of the Eurasian Economic Union Treaty and its Protocols. The work will be based on the academic research and opinions of Russian and foreign authors.

Towards a Layered Approach to Relevant Markets in Multi-Sided Transaction Platforms

The American Supreme Court decision in Ohio v. American Express (AMEX) will shape the future of US antitrust enforcement on multi-sided platforms. In a controversial landmark ruling, both the Court’s majority and minority battled over definitions of relevant markets in the complex industry of electronic payments: the majority affirming that “transaction platforms” always constitute a single “two-sided relevant market” and the minority arguing that electronic payments are regular complementary goods subject to traditional “one-sided” analysis. This article challenges both views and proposes a novel, multi-layered approach to define relevant markets in multi-sided transaction platforms, one that focuses on how indirect network effects shape the competitive constraints faced by the multiple firms operating within and across such platforms. This approach acknowledges the importance of indirect network effects in multi-sided markets, but also stresses how, depending on the structure of the platform, these effects vary in intensity and may not effectively limit a firm’s ability to raise prices on a single side of the platform. This insight allows for the separation between one-sided and two-sided transaction markets, so that even transaction platforms may allow for the definition of multiple layers of competition—a proposition that helps bridge the divide between the majority and minority opinions in AMEX and in scholarship more generally. The article then discusses the rich international experience of the EU and Brazil in the application of competition law to of electronic payments’ markets as examples of cases where authorities sometimes correctly applied and sometimes fell short of this multi-layered view. Building on these insights, the article develops a framework to define relevant markets in cases involving transaction platforms, providing guidelines for scholars and policymakers faced with this difficult task. This framework allows lower courts and private parties to comprehend when a narrower interpretation of AMEX should be the ruling precedent, increasing legal certainty. The article concludes by outlining the applicability of this layered approach to a variety of markets commonly found in today’s digital economy, such as marketplaces, booking apps and mobility apps.

The problems of countering dissemination of destructive propaganda and disinformation ahead of elections: analysis of the EU experience

The article analyzes the EU experience in providing counteraction to destructive propaganda and disinformation during electoral processes. The issue of combating destructive propaganda in the domestic information space is highlighted. The legislative initiatives of individual EU countries in the field of informational counteraction to destructive propaganda and disinformation are analyzed.

Learning from the European Union? Eurasian Regionalism and the "Global Script"

Even from the cursory observation, the Eurasian Economic Union appears to be a good example of what is frequently referred to in the comparative regionalism research as diffusion of theEU model - many specific institutional solutions and, more generally, the fundamental agenda and the design of the EAEU are inspired by the EU experience. This article asks two questions: first, how can we explain the diffusion of the EU model in case of Eurasia, and second, which consequences does the diffusion have for the relations between the EAEU and the EU, as well as the EAEU and the Asian integration projects (like the Belt and Road Initiative). Our conclusions are paradoxical: we show that the standard arguments of the diffusion literature show limited empirical validity in the Eurasian case; and that the institutional similarity between the EU and the EAEU makes the interaction of these two organizations more, and not less difficult.

Economic and Environmental Benefits of Using Waste Potential as a Valuable Secondary and Energy Resource

The article is devoted to solving the problems of recycling in Ukraine, as the accumulation of waste every year becomes more and more threatening. Waste accumulated in landfills occupies 7 percent of the territory of Ukraine (more than 43 thousand km2), which simultaneously leads to pollution of water, soil, air and the deterioration of the ecological and economic situation in general. The experience of European countries in dealing with waste indicates the complexity and effectiveness of measures for their effective management, which is not currently available in Ukraine. The main objective of the article is to provide proposals on improving the processes of safe waste management in Ukraine, taking into account the EU experience and identifying a number of measures that will facilitate the effective management of solid household waste in Ukraine. The object of the research is municipal solid waste as a source of valuable secondary raw materials, as well as an energy resource. The research methodology includes the application of the dialectical approach and the methods of economic analysis: abstract-logical, statistical-economic, tabular and graphic, monographic, economic-mathematical (extrapolation method). The article highlights the ecological and energy efficiency of the secondary use of a valuable resource of solid household wastes. A scheme for organizing the effective utilization of solid household waste is proposed, the implementation of which is of practical importance in the implementation both at the level of individual communities and the state as a whole.

Policy outlook: Recent evolutions of maritime spatial planning in the European Union

The European Union has a legally-binding framework for the establishment of maritime spatial plans in the sea areas covered by the exclusive economic zones of its Member States by 2021. The European Commission is supporting EU Member States in their planning efforts with concrete tools and financing. The European Union is well positioned to use its experience and expertise in promoting international and transboundary maritime spatial planning to help address global and regional governance gaps and challenges in ocean management, thereby contributing to improved international ocean governance. In this paper, the European Commission's Bernhard Friess and Marie Grémaud-Colombier explain the EU's legal framework for maritime spatial planning, and elaborate on how the Commission supports EU Member States in the preparation of their maritime spatial plans and the establishment of lasting mechanisms for cross-border cooperation. They set out how the EU's MSP experience led to intensification of its work on international MSP, including with the adoption of the joint DG MARE – IOC-UNESCO Roadmap on International MSP which sets out a clear forward looking and global perspective towards implementing the Agenda 2030.

The Right to be Forgotten—The EU and Asia Pacific Experience (Australia, Indonesia, Japan and Singapore)

This article explores the right to be forgotten or otherwise known as the right to erasure in the EU and Asia Pacific. The right to be forgotten has quickly become an important concept of data protection law. It allows a person to request that their personal data and information be deleted or removed from an internet website. Subsequently, from the application of this right, a person has a level of their personal privacy protected over the internet. However, the acceptance and implementation of this right by Australia, Indonesia, Japan, Singapore and the EU varies. With the implementation of the EU General Regulation on Data Protection in May 2018, the right to be forgotten is well entrenched in the EU. This article investigates an issue of growing significance because of Australia’s engagement with these countries, accentuated by the use of the internet. First, one of Australia’s closest neighbours, Indonesia, has the largest Islamic population. Secondly, Singapore being a Commonwealth country along with Australia, has also adopted the common law, and has strong trade and other bilateral partnerships. Thirdly, of all the Asian nations, Japan, that recently obtained equivalency from the EU in data protection law, has seen the right emerge in that state. The right, in many respects is also in conflict with other rights and freedoms (right to expression) and other areas of the law. It is an area of law that may never be settled, as technology continues to evolve. This article will highlight the current status of the right to be forgotten across these jurisdictions, with what can be considered three models of data protection and privacy law. These laws have been developing separately throughout the EU, South East Asia and the Pacific.

Mechanisms of public procurement regulation (experience of EU and Ukrainian reality)

Mechanisms of public procurement regulation (experience of EU and Ukrainian reality)

Problem of energy efficiency in the model of sustainable development in Ukraine: EU experience

The paper outlines major preconditions of development of energy efficiency programs and the process of their introduction from the perspective of sustainable development concept. Energy saving measures of European Union are examined, its experience and results, like green books and Thermie programs, etc are analyzed. The paper also specifies relevant activities and responsibilities undertaken by Member States by 2030 and the rates planned to be achieved. The experience of neighboring Poland in energy efficiency promotion is analyzed, as far as the country most closely resembles Ukraine by the initial rates in 1990. We calculated conditional losses of Ukraine in 2017 as the gap between the rates of energy efficiency of Ukraine and Poland (similarity of climate conditions and the state of housing funds allowed us to assume that the comparison will be the most correct regarding Ukraine). The results of calculations make us conclude that the funds are used most efficiently if the money designated, for example, for subsidizing of population are directed at strengthening of energy efficiency (at least up to the level of neighboring country). It will result in saving of about 40 billion. This is the amount defined as Ukrainian capacity in terms of improvement of energy saving and possible results of its realization. The paper determines the stage Ukraine is at in introduction of energy efficiency measures and programs: “warm loans” program; conditions regarding energy saving in Ukraine enshrined in the EU-Ukraine Association Agreement; creation of legal basis, namely the Law of Ukraine “On Energy Efficiency Fund” as of 8 June 2017. The role of newly created Energy Efficiency Fund is analyzed. Special attention is paid to the fact that energy efficient construction is one of international liabilities undertaken by Ukraine. The presence of The Active House Alliance at Ukrainian market is an important achievement in this sphere as it is the non-profit association aiming at creation of housing concept corresponding to the sustainable development principles.

Perspectives of the convergence of domestic and european energy markets in the context of Ukraine-European integration

The article examines the prospects of cooperation between the European Union and Ukraine in the context of the globalization of energy markets. The issues of the most beneficial ways of forming long-term partnerships in the energy sector, which can lead to a strong economic and political partnership, are described in detail. The Ukrainian attempts to borrow the positive features of the European energy sector are analized here. The aim of the work is to study theoretical aspects, generalization of methodological approaches to substantiate ways to improve the functioning of the Ukrainian energy market in the way of its convergence with the EU energy market. The tasks that stemming from this goal, which were decided during the study, are to examine the process of convergence of the Ukrainian and European energy markets and to find and suggest ways to accelerate this process. The object of the study is the process of convergence of Ukrainian and the EU energy markets. In analyzing the tendencies of integration of Ukrainian energy market into the energy market of the European Union, the methods of statistical grouping and logical analysis were used. The results of the study are as follows. Convergence of the European and domestic energy markets will contribute to expanding Ukraine's fuel self-sufficiency, as the introduction of new technologies borrowed from European partners will intensify. It will also create a legal basis for expanding trade turnover and investment flows in the field of energy resources for each of the players within international relations, will form the basis for creating a common economic space between the partners. Conclusions. The first opportunity for Ukraine is to use the EU experience in creating a stable energy market, as well as its system of regulation; modernizing the economy and using the European experience of institutional development.

Strategic Approach to Renewable Energy Development: EU Experience

Strategic Approach to Renewable Energy Development: EU Experience

Innovations in Green Logistics in Smart Cities: USA and EU Experience

Innovations in Green Logistics in Smart Cities: USA and EU Experience

THE FUZZY COMPREHENSIVE EVALUATION OF AGRICULTURE ENGINEERING TEACHING

The evaluation process of agriculture engineering teaching is multi-level with multi-factors and prone to be affected by subjective factors. In reference to the experience and methods of EU in the optimization of higher education and teaching, this paper constructs the teaching quality evaluation index system according to the actual situation of the classroom teaching while considering the major setup and geographical distribution of agriculture engineering. A questionnaire survey is conducted on the professors, employers, students and graduates of five colleges and universities, and on this basis, the fuzzy mathematics theory is adopted to analyze the data with the fuzzy comprehensive evaluation method. The evaluation of the current situation of agriculture engineering teaching is obtained to provide a reference for the further deepening of teaching reform. The results show that this method can effectively improve the accuracy, objectivity and rationality of the evaluation.

Disruptive Technologies in the Light of Socio-economic Revolutions: the EU and World Experience

The relevance of the work explains the need to promote advanced scientific knowledge in the context of accelerating scientific and technological progress. The purpose of the article is to reveal the main content of disruptive technologies and related socio-economic processes that occur during the three industrial revolutions. Based on a retrospective analysis of socio-economic revolutions in human history, the popular scientific essay explains the logic and development of technical and social systems. The article shows how the change of production forces and economic relations influences the ratio of individual components in the essential triad of man: bio-socio-labor. The content of the three industrial revolutions that humanity experiences today is revealed separately (Industry 3.0, Industry 4.0, Industry 5.0). It is explained that the works that launched these revolutions took place in the European countries. In particular, the Third Industrial Revolution is aimed at solving the problems of the global environmental crisis. The key transformation tools are alternative energy, additive technologies based on 3D printers, horizontal network structures of production and consumption. The main direction of the Fourth Industrial Revolution is the creation of a unified network of cyber-physical systems capable of working without humans. One of its leading forms is the Internet of Things. The humanization of socio-economic development is a key objective of the Fifth Industrial Revolution, which is focused on achieving the maximum realization of the creative potential of the human-social basis. The focus is on the key processes of the three industrial revolutions and the changes that take place in the essential triad of man. This article is a popular scientific essay. Key words: industrial revolution, disruptive technology, personality, human-bio, human-socio, human-labor, cyber-physical system.

ENERGY EFFICIENCY IN UKRAINE IN THE CONTEXT OF EUROPEAN PRACTICES: EDUCATIONAL ASPECT

The current tendency towards depletion of fuel and energy resources, the growth of prices on energy production and global economic problems stimulate the necessity of introduction of energy efficient technologies. Very important and relevant in this situation is the study of the experience of the EU Member States on energy efficiency in Ukraine and the direct implementation of energy saving projects in Ukraine. In these trends, modern students can and should play an active role. The purpose of our Project is to educate a conscious and responsible future consumer of thermal and electric energy, who will conserve and use efficiently the traditional energy resources and promote the replacement of their alternative energy sources, resting upon the experience of leading EU countries. Implementation of the educational program “Energy efficiency: experience of EU countries for Ukraine” will enable popularization of EU experience in implementation of energy efficient technologies in different economy sectors and acquiring practical skills of project realization aimed at energy saving and reduction of negative impact on environment by future professionals.

The EU experience of providing graduates with employment: conclusion for Ukraine

The article analyses the current trends in provision of higher education graduates with employment in the labour market in the European Union by looking into the inter-related issues: the modernization of higher education to the market economy needs, effective measures for providing higher education graduates with employment in the labour market in the European Union, the experience of the European Union. The research is based on theoretical literature review of the existing materials available on this problem. Mainly, they are the EU legal documents and researches of the European scholars. It summarizes the European experience of taking effective measures to provide employment for graduates with higher education. The research is based on a theoretical analysis of authentic sources: the EU strategies, reports to the European Commission and publications of European researchers. The concept of the study is based on the principles of comparative, systemic, holistic, cultural, interdisciplinary approaches, as well as pedagogical forecasting. The article concludes with recommendations for the Ukrainian Government, the institutions of higher education, participants of the educational process. The recommendations are developed to harmonize higher education interaction with the national labour market, taking into account the experience of the European Union on this issue.