EU Norms Research Articles

Free Movement of Patients in Need for Cardiac Surgery

Free movement of patients is a core condition of the functioning of European free market rules in health�s case. Nowadays, uniformizing practices and policies across Europe in patient�s rights and access to medical care, based on EU norms,are important steps in generating a greater convergence and better opportunities for European citizens. In this context cross-border healthcare becomes a cornerstone in ensuring European citizens health especially if they cannot find suitable healthcare at home. In Romania more than 650 cases of E112/S2 forms are approved every year, on various diagnostic category. From all the cases, we followed in particular the ones regarding diseases and disorders of the circulatory system with a special emphasis on the septal defect cases approved for treatment abroad. From our findings, from all E112/S2forms approved cases most of them concern diseases and disorders of the circulatory system, and, from this,a significant part, are procedures correcting septal defects.

Free Movement of Patients in Need for Cardiac Surgery

Free movement of patients is a core condition of the functioning of European free market rules in health’s case. Nowadays, uniformizing practices and policies across Europe in patient’s rights and access to medical care, based on EU norms,are important steps in generating a greater convergence and better opportunities for European citizens. In this context cross-border healthcare becomes a cornerstone in ensuring European citizens health especially if they cannot find suitable healthcare at home. In Romania more than 650 cases of E112/S2 forms are approved every year, on various diagnostic category. From all the cases, we followed in particular the ones regarding diseases and disorders of the circulatory system with a special emphasis on the septal defect cases approved for treatment abroad. From our findings, from all E112/S2forms approved cases most of them concern diseases and disorders of the circulatory system, and, from this,a significant part, are procedures correcting septal defects. Keywords: corss-border healthcare, management, cardiac surgery, EU norms

The Supreme Court and EU Law

Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least by the Court of Justice of the European Union (EUCJ) as European Courts. Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU Law with the state under an obligation to give effect to EU law. Interpretation, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the EUCJ can be approached under the preliminary reference procedure, the EUCJ being the sole authoritative interpreter of EU Law. While the role of the EUCJ a-top this pan-European network gives it the unique ability, via its case law, to affect the legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.

Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten

Pursuant to its Article 51 (1), the EU Charter of Fundamental Rights covers the implementation of EU law. Since 2014, the Estonian Supreme Court has applied the assumption that the Charter, in principle, does not preclude parallel applicability of national-level fundamental rights in areas subject to EU law, although the primacy, unity, and effectiveness of EU law must not be compromised thereby. The Member State's margin of appreciation should not be considered a precondition for the relevance of national fundamental rights. Even mandatory norms of EU law, which inevitably require certain national measures (e.g., permission to use a piece of music for sampling as in CJEU case C-476/17: Pelham), do not exclude the applicability of constitutional rights (here, the composer's copyright), though these can justify their restriction. Hence, the relevant piece of EU legislation itself must be valid. The CJEU should follow the principle of constitutional plurality in dialogue with national courts when examining the validity of EU norms restricting national fundamental rights. A parallel analysis of the national constitution and Charter by the competent national court would assist the CJEU in issuing a preliminary ruling. The most favourable standard of the fundamental rights in sense of the Article 53 should not be determined on merely abstract terms. Instead, the results of parallel analysis in light of the pending case should be of decisive importance. One conclusion presented is that in cases of multipolar conflict, there remains the possibility that a even fundamental right of one person that is derived from a national constitution can sometimes justify infringement on the charter-based right of another if there is no secondary legal balance of legal positions. In addition, exceptional situations might exist wherein fundamental principles of national constitutions may be granted precedence over the effectiveness of EU law.

FORMATION OF THE MODERN CONCEPT OF EUROPE IN THE CONTEXT OF SOCIAL NEO-INSTITUTIONALISM

In the scientific discourse of the XXI century, the concept of modern Europe is being reformed under the influence of reforming the activities of the European Union. Scientific publications and research are conducted based on a study of the policies of the European Union countries, EU institutions and structural elements, and the problems that arise in the process of activity and development. The concept of modern Europe is a general term that embraces European values, the European standard of living, European policy, and European priorities, giving the concept of European studies a stable association with the European Union. In this context, the main causes and consequences for the scientific discourse, political practice, and future development of European countries must be considered. Neoinstitutionalists have attempted to analyse institutions based on atomistic methodology. Institutional transformations, processes of intra-European integration and enlargement of the EU, discussions on membership and exit from the EU raise issues of identity and development of governance in Europe. Europeanisation can be seen as a discourse, governance, and institutionalisation. The first interpretation emphasizes that modern Europe is a discourse, not only ideological but also administrative. In this sense, Europeanisation can be a means of expression of institutional globalization through domestic policy. In the article, the hypothesis is put forward and proved that the interpretation of the concept of modern Europe directly correlates with the future development of the European Union and its members. The dissemination of exclusive practices will help to spread the ideas of radical “Eurosceptics”, which could lead to the collapse of the European Union. The inclusive aspect of the concept of Europe is represented by the ideas of “Europeists” who, based on the common history, culture, mentality of the peoples of Europe, substantiate the positive influence on the state development of integration, non-state cooperation, and extrapolation of EU norms and principles into the new territories of Europe. There are three main reasons for shaping the concept of Europe as the boundaries of EU policy: The consolidation of political positions of the European Union and its growing role as an actor in world politics; Essence of the EU enlargement concepts; Features of development within the European community. The modern concept of Europe is considered in the context of a modern multi-level governance model. Therefore, Europeanisation is the interaction of different layers of interests, including structures of regional, multi-level governance, legitimacy of domestic and foreign policy. The impact of the multi-level governance system on the functioning of public administration systems in the Member States and neighbouring countries is considered. Four approaches are identified based on the analysis of relationships between different levels of governance. The necessity of formulating new theoretical paradigms defining the relations between the Member States and the technocratic institutions of the EU, as well as between the Europeanised system of national agencies and the ministries overseeing their activities, has been proved.

Ireland’s evolving migration policies: building alliances and a liberal European identity through the EU migration policy crisis

ABSTRACTAlthough Ireland’s migration policy has converged towards EU norms, it has overall been more influenced by the UK, and maintaining the common travel area, and by domestic politics, than by Europeanisation. Since migration is not highly salient or contentious in Ireland, the Irish government was free in 2015 to participate in the EU response to the migration policy crisis. Ireland opted in to relocate asylum seekers from Greece and Italy, and to resettle refugees from Lebanon, to provide personnel to the European Asylum Support Office and to dispatch the defence forces to participate in Operation Sophia in the Mediterranean. This practical expression of solidarity with those Member States with an external border also served to garner solidarity from the EU in the era of Brexit, and to reinforce a particular European identity for Ireland based on liberalism and cosmopolitanism, in the era of ‘illiberal democracy’ from certain quarters of the EU.

The narratives behind the EU's external perceptions: how civil society and elites in Ukraine, Israel and Palestine “learn” EU norms

ABSTRACTThe EU's normative promotion is a keystone in the arch of its Foreign and Security Policy, reflected in establishing a “ring of friends” in its neighbourhood. However, the EU's normative impact in these countries is often hindered by domestic constraints. Conversely, deeper socialisation through persuasion and “learning” may advance towards the promotion of EU norms better. By tracing the “learning” component of the EU's external perceptions in its Eastern (Ukraine) and Southern (Israel and Palestine) neighbourhoods, this paper elaborates upon the receptiveness of EU norms. Considering the specific attention that the ENP draws towards the support of civil society, this paper focuses on “learning” narratives of EU norms among civil society elites in Ukraine, Israel and Palestine as the key targets of EU assistance – with a particular focus on various conceptualisations of learning in the learning process. Notwithstanding perceptions of the EU as a normative power, we find that the learning processes remain too complex to be captured within a single theoretical framework. Whereas communicative rationality implies learning about each other's identities through rational arguing, our analysis demonstrates that identity performance is one of the most emotive and crucial factors in perceptions of learning.

Tracing, freezing and confiscating the proceeds of crime in Cyprus

Purpose As a dynamic business and financial centre, the Republic of Cyprus is called upon to protect its economy and society from money laundering and criminal infiltration. To address these risks, the Republic of Cyprus has developed a comprehensive legal framework in compliance with the relevant international and EU standards. The purpose of this paper is to critically examine the legislative tools for tracing, freezing and confiscating the proceeds of crime in the Republic of Cyprus with special reference to their strengths, weaknesses and compatibility with the relevant international and EU norms. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data to analyse important legislative developments in Cyprus in the fields of tracing, freezing and confiscating the proceeds of crime. Findings The legislative developments that will be examined are Law 188(I)/2007, and its recent amendments which effectively target the proceeds of crime in Cyprus. Despite some weaknesses, the legislative provisions in Cyprus are compatible with international and EU norms on tracing, freezing and confiscation, while they promote international and EU cooperation in these domains. Originality/value Since the amendments of Law 188(I)/2007 came into force, this has been, to the best of the authors’ knowledge, the first comprehensive study examining the strengths and weaknesses of the legislative framework on asset tracing, freezing and confiscation, as well as its compatibility with international and EU standards.

Нагальність проблеми визначення ПАВ у продуктах харчування згідно з нормативами ЄС

Goal. An analytical review of literature on the current state of the problem of the determination of polycyclic aromatic hydrocarbons (PAHs) in food products and discussion of ways to introduce EU norms into the practice of domestic laboratories that control the content of PAHS in foods.

The EU Standard of Good Governance in Tax Matters for Third (Non-EU) Countries

This article analyses the standard of good governance in tax matters introduced by the Economic and Financial Affairs Council (ECOFIN) in 2008, with a view to tackle tax fraud and tax evasion. At that time, the standard included transparency, exchange of information and fair tax competition. Later on, several OECD and EU developments have changed the content of this standard. As of April 2018, the standard of good governance includes also the four Minimum Standards of the Project to tackle base erosion and profit shifting (BEPS) practices by multinationals. This standard has been introduced by the EU as a precondition for third (non-EU) countries that receive EU development aid, conclude strategic partnership agreements, free trade and economic partnership agreements and more recently as a standard that determines whether the third (non- EU) country should be included in a single EU common list of non-cooperative jurisdictions. This article aims answers two questions (1) whether the standard of good governance in tax matters is an import and/or export of EU norms? and (2) what is the legal status of this standard vis-á-vis third (non-EU) countries? Finally, this article provides conclusions and recommendations for further research.

The formation of interstate and cross-border scientific-educational and innovative spaces between Ukraine and the European Union member states in the digital economy

By signing the Association Agreement between the EU and Ukraine, Ukraine has demonstrated its intention and willingness to integrate into the system of formal institutions of the EU, to adopt the EU rules, norms, and practices, which will enable Ukraine to achieve significant economic benefits. One of those benefits is the opportunity to build a true scientific-educational and innovative partnership with the EU Member States within the European Research Area. This study considers opportunities and perspectives of creating an interstate and cross-border scientific-educational and innovative spaces between Ukraine as an associated country and the European Union Member States taking into account key priorities of the ERA and rapidly growing impact of digital technologies. Particular attention has been given to the establishment of a common Polish-Ukrainian scientific-educational space which could be complemented by the entrepreneurial component. The article has identified opportunities, existing prerequisites, directions, and priorities for building Polish-Ukrainian spaces. It has also defined the challenges of formation the European interstate and cross-border scientific-educational and innovative spaces as a whole. It has been suggested to develop hereinafter an interstate and cross-border high-tech clusters based on the interstate and cross-border scientific-educational and innovative spaces. The scheme and the main steps of formation a cross-border cluster of nano- and biotechnologies are proposed.

Did We Ever Really Understand How the eu Works?

One of the stranger aspects of the Brexit saga has been the ignorance of eu norms, rules, history, and institutional practices appearing throughout the public debate in the United Kingdom. This has led to several predictable and rather basic errors of diplomacy, and a far more arduous “negotiation” than some on both sides –uk and eu – may have wanted or intended.

Effectiveness of EU Transgovernmental Cooperation in the Neighbourhood: Qualitative Comparative Analysis of Twinning Projects in Ukraine

While the Europeanisation literature has examined several aspects of EU transgovernmental cooperation under the European Neighbourhood Policy (ENP), very little is yet known as to the extent and the conditions under which such cooperation effectively transfers EU norms to ENP countries. Using a qualitative comparative analysis of 32 Twinning projects in Ukraine, the article finds that legal and institutional convergence with EU norms has occurred mainly because of the policy fit of a Twinning project with the needs and technical capacities of the beneficiary administration, notwithstanding sector politicisation, EU sectoral conditionality or the quality of socialisation between civil servants.

Russian Neo-Revisionism

A revisionist state would seek to challenge the existing balance of power in the system and threaten the foundations of the system itself. This does not apply to contemporary Russia. It seeks to enhance its status within the existing framework of international society. Russian neo-revisionism does not attempt to create new rules or to advance an alternative model of the international system but to ensure the universal and consistent application of existing norms. Russia’s neo-revisionism represents a critique of western practices in defense of the universal proclaimed principles. It is not the principles of international law and governance that Russia condemns but the practices that accompany their implementation. This reflected Russia’s broader perception in the post-Cold War era that it was locked into a strategic stalemate, and that the country was forced into a politics of resistance. This has taken many forms, including the creation of an anti-hegemonic alignment with China and others. For Moscow, it was the West that had become revisionist, not Russia. Although the implementation of applicable norms was patchy, Russia did not repudiate them. In its relations with the European Union, Russia’s neo-revisionist stance means that it was unable to become simply the passive recipient of eu norms, and instead tried to become a co-creator of Europe’s destiny. The struggle is not only over contested norms, but also over who has the prerogative to claim their norms as universal. However, it was precisely at the level of practices that there was least room for compromise, and thus Russian neo-revisionism became another form of the impasse, and only intensified tensions between Russia and the Atlantic system.

The Changing Dynamics of the Effective Protection of EU External Borders or/and Forced Migrants

The experience of a migration crisis (2015 and 2016) on the edge of Schengen and EU territory has demonstrated two divergent development perspectives. From both the EU and its Member States, there has been increasing demand to protect the EU’s external borders. This requires trust in both national and EU (Frontex) authorities that are supposed to be the guardians of national and European security. At the same time, however, negative sentiments towards migrants have increased and continue to arise from different cultural backgrounds within Member States. These diverging perspectives are struggling to develop hand in hand with the current and requested role of the Frontex agency. There are rising tensions concerning the legality of measures introduced on external borders in order to protect the EU territory effectively. There is enormous disparity between the requested norms and standards and EU and international law, which mirrors the strong anti-migrant sentiment within CEE Member States. This paper analyses the disparity between EU and international norms with the measures being introduced on the EU’s external border with the Western Balkan states. It also aims to analyze the medium-term impact of this disparity at a national and EU level from the perspective of efficiency, solidarity and legality. The migrant influx may be addressed as an example of crisis management in the context of how these three principles of EU law are implemented within CEE Member States as a part of the (political, geographical and cultural) map of Europe.

Der Staat als Adressat des Unionsrechts

The state functions as addressee of a vast number of norms of conduct provided by the EU, however, it is undetermined which actors or norms ought to be subsumed under term “state”. The question of the imputability to the state arises not only as far as the delimitation of the personal scope as regards EU norms of conduct directed to the state – the “state” as addressee – is concerned but within the question of the state’s liability for misconduct as well. This publication analyses the ECJ’s case-law over the decades, in order to determine whether organisational or functional factors are decisive for the imputability to the state, how the expansion of the scope of application on individuals relates to the imputability, and what impact the case-law has on the EU law’s control and sanction mechanisms. The question arises as to whether it is possible to establish a system on the basis of the ECJ’s individual decisions within the respective areas of the EU law, which could, within and across sectors, claim validity for the entire EU law or parts thereof.

Impact of the EU-Georgia Association Agreement on the Legal Order of Georgia

The EU law as normative power is capable of affecting the legal order of non-member countries in different ways. This chapter addresses the commitments which Georgia has imposed on itself, be that on the basis of unilateral acts or in the framework of an international agreement, and are aimed at approximating the Georgian law to that of the EU. Obviously, in this sense, commitments undertaken under the EU-GeorgiaAssociation Agreement are of great significance. The chapter explores Georgian approach to the EU law which is reflected in unilateral acts adopted by the Georgian lawmaker. Furthermore, particular attention is given over to commitments assumed under the EU-Georgia Association Agreement, especially to preserve and respect common values and to approximate Georgian laws to EU norms. It is argued that the EU law will be — especially through the Association Agreement — a decisive factor in the further development of the Georgian legal order.

Аспекти існуючих документів оборонного планування щодо пошуку шляхів оснащення озброєнням військових формувань

Проаналізована існуюча система оборонного планування та зміни, які проведені в новому циклі. Здійснений пошук зв’язків, що пов'язані з такими змінами та впливом на шляхи оснащення озброєнням військових формувань.Побудовано матрицю, яка пов’язує суб’єкти та документи оборонного планування. Досліджено наявність наукового обґрунтування у схвалених нормативно-правових актах, які спрямовані на зміцнення національної безпеки. Виявлені неузгодження між документами оборонного планування та їх можливого негативного впливу на гармонізацію законодавства України до норм і правил ЄС, для проведення системних реформ, до рівня, прийнятного для членства в НАТО. В площині забезпечення національної безпеки вироблені відповідні пропозиції.

МЕХАНІЗМИ ПРИВЕДЕННЯ ДЕРЖАВНОГО АНТИМОНОПОЛЬНОГО РЕГУЛЮВАННЯ УКРАЇНИ ДО СТАНДАРТІВ ЄС

An Association Agreement between Ukraine and the EU, aimed at European integration, requires the development of appropriate standards, in particular regarding antitrust policy. A high proportion of monopolization of national and regional markets is actualizing this issue, since they indicate an inadequate state anti-monopoly policy. The purpose of this article is to study the mechanisms of bringing the standards of antimonopoly regulation of Ukraine to the EU norms. The course on integration with the EU puts Ukraine in the task of bringing Ukrainian anti-monopoly regulation to the EU standards. Analyzing antitrust regulation in Ukraine, the main developments should be based on: the system of bodies and institutions to be specially created and functioning for regulatory approximation of EU antitrust standards to the requirements of national legislation, by conducting regulatory monitoring in order to identify gaps in national legislation and to provide recommendations for their elimination; the activities of bodies and institutes in the area of the fulfillment of their tasks and functions in relation to the approximation of national legislation to the EU standards. Approximation of Ukraine's legislation to the EU standards is an important task of our state in the context of the ongoing European integration processes, appropriate legal, organizational, economic, institutional mechanisms must be created for effective realization of this task. The introduction of these mechanisms should take into account the national specifics of the development of a competitive environment in the country.

EU constitutional limits to the Europeanization of punishment: A case study on offenders’ rehabilitation

This article contributes to the debate on the functions and limits of cross-border punishment. It uses two existing Framework Decisions as case studies, namely on Transfer of Prisoners (2008/909) and on Transfer of Probationers (2008/947). These texts include promoting the rehabilitative function of punishment in cross-border cases among their objectives. However, they have been criticized for not being fit for their purpose and being just an instrument for ‘covert’ deportation of foreign offenders. This article argues that European Union norms on punishment should be assessed considering the broader EU constitutional law framework, which requires EU norms not to compress disproportionately national regulatory autonomy (Article 5 Treaty on European Union). Against this background, it submits that some of the criticisable features of these Framework Decisions are not a neglect of the core objective of offenders’ rehabilitation but, in fact, the result of a legitimate balance with the interest of national regulatory autonomy. In broader terms, this illustrates that the Europeanization of criminal justice can help to ensure the certainty of punishment in transnational cases. Yet, due to some institutional limits, it can also compromise the effective achievement of all its functions.