EU Legislation Research Articles

Legal features of the joint regulation of pollutants discharge

The environmental and legal sub-institute for the regulation of pollutants discharge (RPD) from man- made point sources into the surface waters of Ukraine and its main tool - the Basin Principle for Calculating the Maximum Permissible Discharges (BPCMPD) is studied. The purpose of the article is to identify the legislative possibilities of the current Ukrainian RPD, the features of its possible use in river basin management plans (RBMP), and to assess of the legal consequences of such use. The relevance of the research is determined by documents of the state environmental policy, strategies of environmental security and of post-war reconstruction of Ukraine. BPCMPD is investigated by the method of environmental and legal analysis. It was determined that the main legal feature of the BPCMPD, which has remained unchanged for almost half a century, is the joint special water use (SWU) in the part of P discharges from economic entities within the estimated area of the water body. In modern water legislation, the category of SWU is not defined. A conceptual conflict between the object and the regulation method has been identified, which is eliminated by changing the scientifically erroneous definition of “basin” in the name BPCMPD to “cascade” name, i.e. KPCMPD. The use of the term BPCMPD is based on the division of the assimilation capacity (AC) of the cascade between the community of water users. Founded that in fact, the feature AC has an indivisible nature, which gives an ecological obstacle for the application of the BPRGDS. In addition, the current legal prohibition for the cascade use of AC is the requirement of territorial unity of regulatory limits of concentrations of AC in the receiving cascade water. Determined that the so-called “the right to AC quota”, on which the BPCMPD is based, is absent in the current legislation. Therefore, the SWU category is a legislative rudiment, and its use for the implementation of BPCMPD leaves for water users opportunities for deterioration of water quality. Concluded that the BPCMPD cannot be used as a legal instrument in the composition of Ukrainian RBMP under the conditions of SWU harmonization with EU legislation.

Legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine)

The legal regulation of human protection against the effects of ionizing radiation (implementation of EU standards in the legislation of Ukraine) is considered. The legal aspects related to the change of the existing system of radiation protection of a person from the impact of ionizing radiation, which is based on the approach - «practice» and «intervention», to the modern European system of radiation protection, which is based on situational analysis and the key concept of the updated system, have been studied. what is the exposure situation, which is defined as one of three situations: planned situation, emergency exposure situation, existing exposure situation.
 According to the results of the study, the need for a comprehensive approach to the implementation of EU legislation in the legislation of Ukraine «on the example of the Council Directive 2013/59/Euratom» is substantiated. In particular, we believe that it is advisable to do this by one separate law, and not in parts, since without the implementation of the main provisions, the implementation of individual provisions leads to problems with their implementation. In our opinion, the Government of Ukraine should develop an «autonomous road map» for each EU directive, the implementation of which concerns the field of activity of more than one public administration body in the field of nuclear energy use, since some provisions of the Directive are not included in the draft laws on implementation, as they belong to spheres of administration of another state administration body. At the same time, aspects of the extensive legislation regulating relations regarding liquidation of the consequences of the Chernobyl accident should be reflected, in particular in the part of radiation protection, which cannot be reflected in the Directive, but belong to the scope of its regulation. Thus, it will simultaneously allow internal harmonization of legislation and avoid the situation of double interpretation of legislation, will contribute to overcoming contradictions, collisions and gaps in the current legislation of Ukraine.
 In some cases, it is important to carry out the synchronous development of other basic regulatory documents, in particular, new Radiation Safety Norms in order to make a harmonious transition from the existing to a new system of radiation protection of humans against the effects of ionizing radiation. In the future, this will contribute to a more successful systematization and harmonization of the entire array of normative legal acts of nuclear legislation in Ukraine.

Ecosystem approaches in the practice of national enforcement

The article is devoted to current problems of ecology and enforcement. Ukraine is not a member of the EU, which makes it impossible to directly apply EU norms in national enforcement practice. However, having been ratified the Association Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other part is a full-fledged part of the national legal order, which outlines a range of key issues, in particular, the standards that appear before national legislation as a challenge to cooperation on environmental protection issues, and adaptation to EU legislation. The agreement envisages the strengthening of environmental protection activities through the improvement of the health care system, the preservation of natural resources, the improvement of economic and environmental protection efficiency, the integration of environmental policy into other areas of state policy, as well as the increase of the level of production thanks to modern technologies, which will have positive consequences for citizens and enterprises in Ukraine and the EU. As well as the issue of harmonization of legislation on environmental protection, including the implementation of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), which provides for the involvement of the public in the decision-making process on environmental issues and guarantees access to justice for person and public organizations when environmental legislation and/or provisions of the European Convention on Human Rights are violate.
 The need to analyze domestic judicial practice on environmental legal relations in various jurisdictions is extremely urgent. The application of international ratified documents, in particular the Aarhus Convention, is precisely the source of law that, firstly, opens wide public access to appeal procedures; secondly, it is the legal basis for resolving disputes about compensation for damage to the environment; thirdly, it makes impossible the limited interpretation of the current national legislation of Ukraine, regarding the right to appeal to the court for the protection of an interest protected by law in the sphere of guaranteeing environmental safety; fourthly, guarantees the right to appeal to the court of an unlimited number of persons (can be exercised by citizens personally or jointly through the association of citizens), and the resolution of disputed environmental-legal relations, i.e. those are public; fifth, guarantees the subject of the law access to the court without discrimination based on his actual location or actual center of activity; sixth, it affects the formation of established legal practice in environmental disputes.

Methodology for assessment of radon diffusion coefficients in membranes, used as radon barriers in construction and refurbishment

In the near future, research on new materials for radon barriers can be expected to rise in order to meet a greater demand of radon mitigation solutions because of the increasingly lower radon levels that the EU legislation aims to. Such research would need a method for the determination of the radon diffusion coefficient and this paper presents an inexpensive method for that purpose, using affordable radon detectors and a simple experimental setup that does not require any tubing or any pumping. Besides the use of two Electronic Integration Devices as radon detectors, the experimental setup used in our method consists only in a two-chamber container made of steel and a small-sized radon source, which was produced in our lab using a 226Ra solution. The radon diffusion coefficient is determined by measuring radon levels in both chambers of the container, which are separated by a membrane made of the material whose radon diffusion coefficient is to be determined. Radon diffuses from a source chamber to a receiver chamber trough the membrane, being the amount of radon that has passed through and the rate at which it has done so the key parameters in the calculation of the radon diffusion coefficient. Our method can handily measure materials with a radon diffusion coefficient above or equal to 10-11 m2 s-1 or, provided that the sample is thin enough, verify that the coefficient is lower than 10-12 m2 s-1. Its precision is good enough to provide radon coefficient diffusion values with a good repeatability as the RSD is as low as a 35% for materials in which the coefficient is in the order of 10-11 m2 s-1. This means that our method is valid for screening materials for radon barriers and checking their compliance with technical specifications.

Efficiency in an Intensive Energy Industrial Consumer

Energy efficiency actions were made in a glass production industry such as reduction in the energy consumption that will reduce greenhouse gas emissions. All measures were applied regarding European Union- EU guidelines and legislation

Aluminum, a colorful gamechanger: Uptake of an aluminum-containing food color in human cells and its implications for human health

Aluminum is added to many food colors to change their solubility. This study compares the aluminum-containing food color carmine with its aluminum-free version carminic acid (both E 120), hypothesizing that the addition of aluminum does not only change the color's solubility, but also its effects on human cells. We could show that carmine, but not carminic acid, is taken up by gastrointestinal Caco-2 and umbilical vein endothelial cells (HUVEC). Clear differences between gene expression profiles of Caco-2 cells exposed to carmine, carminic acid or control were shown. KEGG analysis revealed that carmine-specific genes suppress oxidative phosphorylation, and showed that this suppression is associated with neurodegenerative diseases such as Alzheimer and Parkinson disease. Furthermore, carmine, but not carminic acid, increased proliferation of Caco-2 cells. Our findings show that a food color containing aluminum induces different cellular effects compared to its aluminum-free form, which is currently not considered in EU legislation.

Introducing the legislative priority rule: a constitutional compass for the Court

Abstract The ambiguous nature of the internal market allows for EU legislative input on two tensions animating this field since its inception, those being how to divide power between the EU and Member States and how to reconcile the requirements of integration and regulation. The Court can sometimes struggle with accommodating such input with its Treaty interpretation, leading to further tension with the EU legislator. In the internal market for goods, however, it can rely on the Legislative Priority Rule to resolve disputes in a coherent, Treaty-compliant manner. Casting exhaustive EU legislation as the sole norm against which to assess national product measures, to the exclusion of Articles 34–36 of the Treaty on the Functioning of the European Union (TFEU), this longstanding Rule is, from one perspective, a simple procedural tool to establish the Court’s framework of reference. In reality, however, invoking (or excluding) the Rule can have a substantive and institutional dimension, as its application (or not) engages the relationships between national, secondary, and primary law and, by extension, the Member States, EU legislator, and Court. On the one hand, the Rule enforces EU primacy by pre-empting national competence in the presence of harmonization. On the other, by suspending direct application of Articles 34–35 TFEU, it also implies deference to the EU legislator, and indirectly to the Member States, which enjoy discretion to set standards and determine how power is shared. As a result, while Member States cannot avoid free movement obligations, they can defend national rules by reference to this EU standard to which they have contributed. There is in other words an alignment under the Rule between the dynamics of Exit and Voice, with the Court exercising boundary control to ensure compliance with primary law. It is on this basis that I have come to identify the Legislative Priority Rule as a sort of ‘constitutional compass’ to guide the distribution of power in the internal market for goods. Despite this key role, however, its existence and impact remain relatively unknown or at best ignored, reflecting a gap in understanding the Court’s toolbox for review and a failure to appreciate the role of secondary legislation in building a stable, Treaty-compliant regulatory system.

Ukraine's parliament in war: the impact of Russia's invasion on the Verkhovna Rada's ability and efforts to legislate reforms and join the European Union

ABSTRACT Other than the Baltic countries, Ukraine has made the most progress in the transition to democracy than any other post-Soviet country. Ukraine's Parliament, the Verkhovna Rada, has been an instrumental institution in the democratisation process, and has played an increasingly significant role in furthering the public's desire to align with Europe, sometimes in opposition to Ukrainian presidents who have tried to steer the country towards Russia. Nonetheless, the path to join the European Union has not been a smooth one. On 16 September 2014, the Verkhovna Rada ratified the Association Agreement with the European Union and set out to meet its requirements. However, progress in passing the necessary reform legislation has been slow, in part due to the political dynamics operating in the country and the Parliament; proliferation of parties, repeated shifting party memberships, regional differences and oligarchic influence have all played a role in preventing agreement on reforms. The Russian invasion in February of 2022 has transformed the political dynamics in the country and the Parliament. Long-stalled reform legislation passed in a few months. This article examines the impact of Russian's invasion on the changing political dynamics that spurred Ukraine's Parliament to pursue compliance with EU requirements. It discusses the actions the Ukrainian Parliament has taken to combat corruption, improve the rule of law, and to achieve economic reform that is necessary for EU compliance. Ukraine is trying to accelerate its efforts to join the European Union and to succeed, it must meet the requirements of the EU acquis which is the body of Community rights and obligations that is binding on all the EU member states. It includes the content, principles, and obligations of the EU treaty and legislation adopted pursuant to the treaty and the case law of the Court of Justice.

Article: Albanian (International) Succession Law and the EU Legislation

Article: Albanian (International) Succession Law and the EU Legislation

Combating Corruption in EU Legislation : An Analysis of Some Aspects of the Commission Proposal for the EU Anti-corruption Directive

Combating Corruption in EU Legislation : An Analysis of Some Aspects of the Commission Proposal for the EU Anti-corruption Directive

Shifting Modes of Labor Regulation in Global Supply Chains

executive summary: This essay outlines the changing modes of regulation of labor conditions in global apparel supply chains, which are mostly concentrated in Asia; assesses the effectiveness of 25 years of private voluntary regulation by global firms; and examines critically the implications of new European regulation now mandating what was previously a voluntary corporate activity. main argumentAsia is the global center of apparel production, with Bangladesh, Cambodia, China, India, Indonesia, Pakistan, and Vietnam all being major exporters. Since the 1990s, activist pressure in developed country markets has forced global apparel and footwear companies to adopt voluntary methods to ensure that their products are not made under sweatshop conditions. Companies developed codes of conduct for the first-tier factories in their supply chains and found ways to audit whether supplier factories were in compliance. However, this voluntary private-regulation model has not been adequate to alleviate labor and workplace concerns in global apparel supply chains. A shift from private regulation to public regulation—the beginning of which may be currently underway in the European Union with the recent introduction of mandatory due diligence legislation—may prove to be a more effective means of bettering labor rights and conditions. policy implications• If the recent EU legislation allows global companies to be legally liable for violations of mandatory due diligence requirements regarding labor rights and conditions in supply chains, a sea change in worker rights and labor practices could occur. • The new legislation would require global companies to adopt more responsible purchasing practices so that their practices are not responsible for labor violations. • The EU legislation could have an impact on sourcing locations, as companies compete for locations that are more likely to provide institutional environments with lower risk of violations. Global suppliers would have a greater incentive to take the high road in terms of employment practices to obtain more business from European buyers. National governments in apparel-exporting countries may be motivated to improve enforcement of labor regulations.

TRENDS IN THE DEVELOPMENT OF DIGITAL TRANSFORMATION IN THE FIELD OF TELECOMMUNICATIONS AND TRUST SERVICES IN UKRAINE

Digital transformation in Ukraine relies on the development of trust services, such as electronic signatures, website authentication, and electronic seals. The study aimed to analyze the development of trust services and telecommunications, as well as harmonize digital legislation with the EU. The current state of trust services and telecommunications, development prospects, consumer protection mechanisms, and directions for aligning legislation with European standards were identified. The foundation of this development is the laws «On Electronic Trust Services» and «On Electronic Documents and Electronic Document Flow». The integration of the «Diia» platform with new services improves the provision of public services. From 2024 to 2026, the expansion of broadband internet in villages, the development of 5G infrastructure, the enhancement of digital literacy, and support for small and medium-sized businesses through «Diia. Business» are planned. These initiatives will promote harmonization with EU legislation and the implementation of innovations.

Implementing the human right to science in the context of health-related data processing.

This paper contributes to the exploration of the potential application of duties related to the diligent anticipation of the (imminent) harms and (potential) benefits to humans that scientific innovation engenders to health-related contexts. In particular, it addresses the intersection between the human right to science and health-related data processing, which plays a key role in the production, translation and implementation of biomedical knowledge. The first part of the paper provides a brief recap of the interpretation of the right to science based on Art. 15 (1) (b) of the United Nations International Covenant on Economic, Social and Cultural Rights (hereafter ICESCR or Covenant) and the resulting obligations for States in the context of health and related data processing. The second part of the paper defines the relevance of the ICESCR for EU Member States and the European Union. In the third part, theses are put forward on how the human right to science and the obligations under Art. 15 (1) (b) ICESCR influence the interpretation and application of the General Data Protection Regulation as secondary EU law. By examining the justifications for using the right to science to interpret EU data protection law and by providing interpretation and application guidance on the main data protection principles in the area of health-related data processing, taking this right into account, the aim is to shape the EU data governance framework to meet the requirements of this human right. In doing so, the paper aims to close the gaps in the interpretation and application of the main rules of EU data protection law. Such standardization in the health-related context can contribute to a coherent interpretation and application of existing rules by referring to this emerging human right. Against this background, the paper identifies governance measures that the EU legislator could take to guide the processing of health-related data in line with the requirements of the right to science.

Animal welfare during transport, evolution, and perspectives of European Union Legislation and Policy.

In the one health approach, which summarizes the concept that human, animal, and plant health are interdependent and linked to the ecosystems in which they exist, animal welfare assumes an important role. In addition, the Farm to Fork Strategy of the European Union recognizes animal welfare as an essential component. Transport of animals involves a number of issues related to welfare. Animals are subjected to continuous stress, not only during transit on vehicles, vessels, trains, or airplanes, but also during loading and unloading operations. The handling and transport conditions have improved from basic and relatively rudimentary systems, with elements to attenuate the discomfort of animals having been gradually introduced, especially for long-distance transport. Despite several improvements in animal welfare standards during transportation there are still pressing issues in current EU legislation which deserve reviewing. Recently, several scientific opinions on animal welfare, including during transport, have been published by the European Food Safety Agency, following requests by the European Commission. In addition, the European Court of Auditors published its last report focused on animal welfare during transport. These reports underline the need to review current legislation governing the topic and highlight a number of outstanding issues in the European Union and in Third Countries. This article summarizes the history and current status of this complex issue.

THE EUROPEAN EMISSIONS TRADING SCHEMES (EU ETS): SOME LEGAL PERSPECTIVES OF MARKET-BASED MECHANISMS

In this article, the implementation of the Paris Agreement by the European Union, the current stage in the development of the climate policy of the European community in the fight against global warming in accordance with the European Green Deal, which was based on the strategy of achieving climate neutrality by 2030 by reducing greenhouse gas emissions by at least 55% to 2030 comparing with the level of 1990, are analyzed. The author researches some legal aspects of the implementation of the "Fit for 55" package of sectoral initiatives to the EU legislation, in particular the current phase of the EU Emission Trading Schemes (EU ETS), market mechanisms of interstate trading of certificates on emissions. The author draws special attention to the prospects of introducing EU’s Carbon Border Adjustment Mechanism (CBAM) with the aim of determining a fair price for emissions during carbon-intensive production of goods that are imported into the EU, as well as stimulating cleaner industrial production in non-EU countries, and to related potential challenges and prospects for the development of climate diplomacy in order to achieve agreed compromises between the participants of the Paris Agreement in combating with global warming.

Limitation of Actions and Air Passenger Rights in Thailand: Importing the Law but Leaving Judicial Reasoning Behind

This article comparatively analyses limitations regarding the submission of passenger claims in Thailand and the EU. Thailand transposed EU Regulation 261/2004 on denied boarding, delay and cancellation of flights into its national law. Since EU Regulation 261/2004 does not contain any provision referring to a statute of limitations for legal actions, the Court of Justice of the European Union (CJEU) found that the limitation period was governed, and continues to be governed, by the domestic law of each Member State, as opposed to the Montreal Convention of 1999 which prescribes a single standard for limitation period. Despite importing this piece of secondary EU legislation, the Thai judicial branch has, so far, not followed the said CJEU judgment. The Thai court selected the two-year limitation period under its domestic law which implemented the Montreal Convention of 1999. Since this lack of harmonization does not benefit the orderly development of international civil aviation, this author suggests that the International Civil Aviation Organization (ICAO) should take action. Limitation of Actions, Air Passenger Rights, Thailand, Denied Boarding, Time Bar

Informatyzacja systemu ochrony zdrowia – problemy i wyzwania. Część I

The ongoing development of information and communications technology (ICT) is forcing the EU legislation to implement a modern legal framework (eIDAS 2.0) for emerging new services. In the case of trust services, neither electronic seals nor maintenance service for the electronic signatures and seals used to sign medical records in electronic format have been implemented in the Polish healthcare system so far. The European Digital Identity Wallet (EDIW) is expected to become a new European electronic identification method with potential in a cross-border healthcare. The integrated electronic identification method is intended to facilitate and streamline the identification process in different European countries, which is particularly important when using online services such as e-banking or e-government (in healthcare). Healthcare entities should ensure that procedures and tools for identifying individuals comply with current regulations and quality standards.

Territoriality and the Quest for a Unitary Copyright Title

After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.

THE ABUSE OF LAW CLAUSE WITH RESPECT TO VAT

This article presents a problem of the abuse of law clause with respect to VAT that gives rise to numerous disputes between tax authorities and taxpayers. It aims at comprehensively discussing this problem, in the context of the source literature as well as national and EU legislation and case law. The issue presented in this article is important for the operations of enterprises. A principal conclusion is that in each case, tax authorities and administrative courts must examine the transaction and all its aspects in their entirety in terms of their actual nature and objective. This boils down to investigating whether the only objective of a given transaction is to obtain an undue tax advantage, or whether such an advantage is merely gained by an entity “along the way”.

How the EU should to respond to the challenge of greenwashing?

The Paris Agreement has set out specific requirements for controlling global warming, which has made it imperative for companies to incorporate the environment as well as sustainability into their business strategies. However, the problem of greenwashing, whereby companies disguise the fact that they are not green by claiming to be green, is also occurring more and more. There is also a growing body of research on this type of greenwashing. This paper reviews some of the definitions of greenwashing in the literature and, by analyzing the greenwashing scandals of ExxonMobil and Shell as well as the climate litigation, concludes that the EU legislation has a great advantage in solving the problem of greenwashing, especially by multinational corporations. However, as these regulations have only come into force in the last few years, a number of issues are still waiting to be resolved. Therefore, more research is needed to explore the issue of EU legislation and greenwashing, and to consider how to deal with the inadequacy of existing legislation.