European Union Law Research Articles

Challenges and paradoxes in the regulation of scientific research in the EU: a comprehensive analysis

This article analyzes the legal regulation of scientific research in European Union law, examining the challenges and paradoxes the EU faces in this area. Through a systematic analysis of normative and programmatic documents, the crucial influence of EU law on shaping international scientific research standards is revealed. The study highlights the evolution of the European Research Area and the fundamental role of the Horizon Europe program in promoting scientific excellence and innovation. The findings have significant implications for EU research policy and its international cooperation in science and technology." The author applies a complex methodology including analysis and synthesis, structural, formal-legal methods, as well as approaches of scientific deduction and induction. The author argues that EU law has a significant impact on the development of international standards for scientific activity. Despite the absence of imperative supranational competence in the field of science, the EU has facilitated the formation of subsidiary mechanisms for funding and supporting scientific activity, leading to the establishment of sustainable institutions and mechanisms within the European Research Area and EU program systems such as “Horizon Europe”, which has resulted in a substantial evolution of standards for scientific activity. The author states that this primarily concerns scientific ethics, multiculturalism and non-discrimination, the evolution of views on transnational research, and the formation of a sustainable regime for funding and evaluating scientific projects.

Polish Regulations on Platform Work de lege ferenda from the Perspective of the European Union Law

Polish Regulations on Platform Work de lege ferenda from the Perspective of the European Union Law

Gender discrimination in retirement

The article aims to discuss the issues related to the nature of entitlements to retirement benefits in connection with the regulations relating to the retirement age and to consider existing and future changes in the regulations considering gender discrimination resulting from the different retirement ages of women and men. In particular, the existing regulations regarding the retirement age in Poland and Europe are presented. Based on Polish law, the history of changes and the dynamics of reforms related to the retirement age in national law are shown. The introduced pension reforms confirmed different retirement ages, which were eventually restored to age sixty for women and age sixty-five for men. The issues of the reasons for the changes and the state of the Polish pension system, including the existence of the so-called pension gap are mentioned. A comparison of applicable regulations and principles relating to the rights of people was made. An analysis of European Union law and a review of both national and European case law has also become an essential need in consideration regarding pension gender discrimination. The article also quotes data on the retirement age in selected European countries, based on which conclusions were drawn. The analysis of legal provisions, proposed changes, case law, and legal theory became the basis for final considerations that attempt to answer the question of whether gender discrimination in pensions a common phenomenon is and whether this phenomenon occurs under the applicable legal status.

Principles of the victim’s representation in criminal proceedings

Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it has been substantiated that the principle of victim representation is one of the fundamental principles of criminal proceedings. It has been proved that representation of victims in criminal proceedings is an indispensable guarantee of the principle of equality before law and court, access to justice and binding nature of court decisions, competitiveness of the parties and freedom to present their evidence to court and to prove their convincing nature before the court, etc. It has been determined that on the way to European integration, Ukraine may need to revise certain provisions of the institute of victim representation in criminal proceedings, in particular, to determine the grounds for mandatory free-of-charge participation of a victim’s representative, at least in some categories of cases. It has been argued that victim representation should be carried out in compliance with the general principles of criminal proceedings, as well as the principles of: voluntariness; legality; competence; initiative; cooperation and effective communication with other participants to criminal proceedings. It is suggested that these provisions should be used in further scientific research as a basis for reforming criminal procedure law in the context of introducing proven foreign practices into the victim representation activities. It has been determined that the prospects for further research should include the mechanisms for implementing international standards of victim representation, problematic aspects of victim representation in criminal proceedings, and the principles of representation of a witness, a civil plaintiff, and a civil defendant.

Globalizacja w sądownictwie. Zmiany w polskim wymiarze sprawiedliwości z perspektywy prawników w dobie zacierania się granic

The study presents a comprehensive, scientific and research-orientated analysis of the impact of globalisation on the Polish judiciary, with a specific focus on the experiences and adaptations of Polish lawyers. It delves into the integration and challenges of applying international legal norms, particularly European Union law, within the Polish legal framework. The research methodology includes qualitative interviews and a thorough review of legislative developments, providing a methodological approach to understand the phenomenon. The report identifies the adaptation of Polish legal professionals to globalisation of law as a significant scientific problem, justifying the need for a deeper exploration of this issue. It posits the main thesis that the Polish judiciary is undergoing a transformative phase, influenced significantly by international legal principles, but faces challenges in the complete assimilation of these norms. The purpose of this research is to shed light on the nuanced process of legal globalisation within a national context, focusing on the role of legal professionals in this transition. The originality of the research lies in its detailed examination of Polish lawyers’ perspectives, a relatively underexplored aspect in the existing literature. The scope of the research is both national and European Union focused, with implications for international legal studies. Its cognitive value extends beyond academic discourse, offering practical insights for legal practitioners and policymakers in Poland and similar jurisdictions undergoing legal globalisation. The findings contribute significantly to the understanding of the socio-legal dynamics at play in the context of global legal integration.

European Union Law perspective on the intellectual property protection of artificial intelligence systems

European Union Law perspective on the intellectual property protection of artificial intelligence systems

Screening blood donors for malaria, can we increase the number of eligible donors? An observational retrospective study

BackgroundIn non-endemic countries, malaria can be transmitted through blood donations from imported cases. To ensure standards of quality and safety of human blood, the European Union and Spanish national law, requires a deferral period, or a screening by immunological or genomic test among those donors with potential risk of malaria. Scientific societies, European Committee on Blood Transfusion, and Spanish Society of Haematology and Haemotherapy, refer only to the result of the immunological test.MethodsAn observational retrospective study was performed in potential donors with a positive immunological test for malaria done in the Regional Transfusion Center in Madrid and referred to the National Reference Unit for Tropical Diseases in Madrid between 2015–2020. At consultation a Polymerase Chain Reaction (PCR) for malaria was performed.ResultsDuring the study period, 121 possible donors attended for consultation at NRU-Trop. Median age: 38.5 (IQR:33–48); median time to consultation was 32 months (IQR:12.5–110). Eighty-two (67.8%) donors were migrants and thirty-nine were travellers (32.2%). ELISA values were available for 109 subjects (90.1%), 56 individual left malaria endemic area > 3 years before. All donors tested negative for Plasmodium spp PCR test (n = 121, 100%).ConclusionsNone of the subjects with a positive immunologic test deferred as blood donors had a positive genomic test. The presence of Plasmodium spp in collected blood was not detected by molecular techniques. To avoid the loss of potential blood donors, especially those with low incidence red blood cell antigens, as more precise microbiology techniques become available, updating the existing legislation becomes necessary to increase the availability of donated blood.

Is it still permissible under EU law to issue new permits for oil and gas extraction?

AbstractThis article examines whether the discretion of European Union (EU) Member States to approve new oil and gas extraction projects is restricted by EU law. It shows that greenhouse gas emissions from such projects must be considered in environmental impact assessments under the Environmental Impact Assessment and Strategic Environmental Assessment Directives. This includes emissions from the combustion of extracted oil and gas by end users (scope 3 emissions). The article also shows that Member States' discretion to approve new oil and gas extraction projects is significantly limited by their climate‐related obligations under EU law, as well as by the duty of sincere cooperation in the context of the EU's international commitments under the Paris Agreement.

Why Do So Few Preliminary Questions Come From Czechia?

Abstract Although a substantial part of the body of laws of an EU Member State is founded upon European Union law and norms, the number of preliminary questions emanating from courts in the Czech Republic appears to be disproportionately low compared to other similar EU Member States. The aim of this article is to analyse and outline possible reasons for the lack of preliminary questions coming from the Czech Republic. In her analysis, the author identifies three possible factors underpinning the issue. These factors include attitudes towards the EU and a general lack of understanding of the relevance of EU laws and norms; the role of preliminary rulings; and the perception and recognition of courts. An integral part of this analysis is a critical commentary on the shifts in how courts and tribunals are perceived within the meaning of Art. 267 TFEU. Lastly, the author offers guidance to fellow legal professionals and academics for interpreting EU norms.

Editorial

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the seventh edition of the Journal also has a thematic dossier on “Rule of Law in Latin America and Europe” organized by Aline Beltrame de Moura of the Universidade Federal de Santa Catarina (Brazil). The seventh edition of the Journal is open for submissions until May 1st, 2024.

THE IMPACT OF THE RECENT CASE LAW OF CJEU REGARDING ARTICLE 2 TEU ON NATIONAL CONSTITUTIONAL VALUES IN ROMANIA

In recent years, the Constitutional Court of Romania has tried to create an internal wall for not giving effect to the application of the supremacy of European Union law, respectively the judgments of the Court of Justice of the European Union regarding the rule of law, as regards the Constitution itself, by developing an ultra vires control and an identity control in an original way. Although the pressure to change such an approach is omnipresent, however, the reasons of Decision no. 390/2021 have not been revised until today by the subsequent case law of the Constitutional Court of Romania, but on the contrary, in two press releases, the idea of revising the Constitution for accepting the effects of the relevant case law of the Court of Justice of the European Union in the matter was launched exclusively. However, a series of somehow sovereignist decisions, also including here the interpretation in its own, extensive manner, of an opinion of the Venice Commission, seems rather on the way to be abandoned, an example in this regard being the recent Decision no. 283/2023, by which the Constitutional Court of Romania restated the need to impose a threshold in the case of the offence of abuse of office.

Application of the acquis in the case-law of a non-member state of the European Union - the case of the Republic of Moldova

Accession to the European Union implies respect for democracy, human rights and European values, as well as meeting political, economic and administrative criteria. The European Council approved the opening of accession negotiations with the Republic of Moldova in December 2023, and the latter must implement far-reaching reforms and legislative changes to align with European standards and the Union acquis. In this article, the national case-law developed by the Constitutional Court and the Supreme Court of Justice in the field of application of European Union law and accession to her values is reflected and analysed. Although the application of the acquis was not an obligation of the state, formally speaking, given that it is not yet a member of the European Union, this fact shows, however, the clear direction of European integration of the Republic of Moldova.

Strengthening legal preparedness and response within the global health emergency framework: the role of the GHSA Legal Preparedness Action Package*

The COVID-19 pandemic exposed failings in preparedness and response across the world and a shortfall in global health security. The crisis also highlighted shortcomings in global and regional legal frameworks, including the International Health Regulations (2005) and relevant European Union law, as well as in national public health legislation and emergency plans. Lessons learned from the pandemic converge around strengthening preparedness and response capacities at all levels, with special attention to be paid to legal preparedness, a critical component of public health emergency preparedness. Improving legal capacities at country level is one of the strategic priorities set by the Global Health Security Agenda (GHSA), which established a new Legal Preparedness Action Package (LP AP) in order to elevate attention to and the importance of legal preparedness worldwide. Since 2021 the LP AP has been front and centre in international efforts to bridge the legal preparedness gap at national level. In bringing together technical experts in global health law and government health policy officials from a broad range of countries and partners, the LP AP seeks to set a foundation for legal preparedness by developing technical and capacity-building tools, legal guidelines, policy briefs, information and training. This article aims to illustrate and contextualize the work of the GHSA LP AP and raise awareness about the importance of its contribution to enhanced global health security. It also intends to highlight how its work promotes and develops synergies with parallel initiatives, processes and tools, facilitates regime interaction and harmonization of technical assistance and ultimately ensures consistency of action, methodology and approaches.

Temporary Protection Status Practices in the Context of Human Rights in Türkiye and European Union

Migration and refugees are among the most important and complex problems of today's world, deeply affecting the international community. Civil unrest and violence, especially in the Middle East, have led to the displacement of millions of people. Most of these displaced people have sought refuge in neighboring countries and Europe. However, this situation has led to many legal status debates and human rights violations. Türkiye stands out with the number of asylum seekers it has hosted and the policies it has pursued in this process. Syrians who have sought refuge in Türkiye since 2011 are under "Temporary Protection Status". However, while temporary protection status should be temporary in duration, when it evolves into a permanent temporary status, various uncertainties arise regarding the social cohesion of the protected persons and the standard of living befitting human dignity. Although temporary protection status was historically developed in European Union (EU) law, the Temporary Protection Directive adopted in 2001 was never activated until the Ukrainian crisis in 2022. In this context, the attitudes and practices of the EU towards asylum-seekers from different countries, such as Syrian and Ukrainian asylum-seekers, are also compared in terms of temporary protection status. Temporary protection status is recognized as an important mechanism in the human rights context and the international community needs to do more to protect the fundamental rights and freedoms of protected persons. The compliance of temporary protection policies with human rights standards and their effective implementation are considered as critical steps to protect the dignity of protected persons and guarantee their human rights. In this study, a review article was conducted from a legal perspective by analyzing the current situation of temporary protection status implemented in Türkiye and the EU through a literature review. The examination of temporary protection status only in the context of Türkiye and the EU constitutes the limitation of the study. This study aims to contribute to theoretical debates by evaluating temporary protection status in international law, its implementation in Türkiye, and EU asylum policies from a human rights perspective.

THE INTEGRAL ROLE OF THE ALBANIAN PARLIAMENT IN EU INTEGRATION THROUGH NATIONAL LAW APPROXIMATION (JANUARY 2018 – DECEMBER 2023)

Background: Albania negotiations for the country's EU membership formally began on 19 July 2022. The process will consist, among others, of approximating national legislation with the EU acquis, which is divided into six thematic clusters. Albania must achieve the country's legislation full compliance with the EU acquis and its successful implementation. Negotiations and subsequent membership in the European Union (EU) will support the democratisation and strengthening of the rule of law in Albania. This research examines the role of the Albanian Parliament in the EU integration process through the approximation of national laws. This desk research serves as a cornerstone for further research and academic studies regarding the Albanian Parliament's involvement in EU integration efforts through the process of national law approximation. Therefore, to better approximate national legislation with that of the EU, it is recommended that Parliament increases the trend of approving laws aimed at approximation. Methods: A cross-sectional study was conducted to examine the legislative activity of the Albanian Parliament (Parliament hereinafter) between 2018 and 2023 in terms of approximation of national laws with the EU acquis. The study used a desk review to analyse the annual number of laws adopted and approximated to EU law. Reliable sources from the Official Journals of the Republic of Albania (Albania hereinafter) were used to collect data on laws adopted and approximated during the study period providing an understanding of the total number of laws adopted and approximated for each year, the relevant EU act, and the clusters of the negotiation chapters. Results and Conclusions: Analysing the role of Parliament in EU integration through the approximation of national legislation from 2018 to 2023 highlights the multidimensional nature of the integration process and the important contribution made so far by the legislative power. During the period covered by the study, Parliament has made important efforts to approximate national legislation with EU legislation, which is proven by the study results. Based on the study data, a quantifiable difference was found between the total number of laws approved and those approximated by Parliament from 2018 to 2023. The study's conclusions and recommendations provide a comprehensive understanding of the challenges and opportunities in approximating Albanian legislation with the EU acquis and advancing the country's European integration agenda.

The role of ETSI in the EU’s regulation and governance of artificial intelligence

This paper explores the significant role that standardisation plays in the regulation and governance of artificial intelligence (AI) within the European Union (EU). As AI technologies rapidly advance, they bring about important societal implications involving privacy, fairness, transparency and other relevant ethical considerations. As a result, legislators and policymakers around the world are joined by a common drive to provide legislative solutions and regulatory frameworks that guarantee that the ongoing integration of AI systems into society is consistent with fundamental rights and democratic values. This paper critically examines the EU Regulation on AI (AI Act), which delegates the definition of essential requirements for high-risks AI systems to harmonised standards, underlying the significance of standardisation in ensuring technical feasibility and compliance with EU laws and values. At the forefront of this discussion there is the increasing influence of AI-related standardisation across social, economic, and geopolitical domains, with a particular focus on the crucial role played by Standard Developing Organisations (SDOs) in the regulatory and governance processes. This paper contributes to the legal scholarship by critically analysing the regulatory approach chosen for the EU’s AI Act, contesting the adequacy of the New Legislative Framework (NLF) for AI governance, and arguing that the reliance on harmonised standards risks undermining democratic accountability and fails to sufficiently safeguard fundamental rights without a more inclusive and transparent standard-setting process. The article focuses on the exclusion of the European Telecommunications Standards Institute (ETSI) from the European Commissions standardisation request in support of the AI Act, and asseses its potential impact on EU law-making and regulatory consistency. Ultimately, the analysis aims to contribute to the understanding of standardisation dynamics, offering insights into its profound implications for AI governance and the broader digital sphere.

Political and Legal Developments in the EU Law

The European Union (EU) is a remarkable example of a supranational organisation in the 21st century political world, where its 27 Member States share power and resources to pursue common economic, environmental, political, and social goals. However, in recent years, it has encountered a myriad of challenges that fracture its structure and competency. This paper examines two such momentous case studies, the Migration Crisis and COVID-19, through a legal and political lens. The research, consisting of legislation and case law, finds systemic flaws within the Common European Asylum System (CEAS) and inefficiency caused by bureaucracy that sometimes causes a stalemate. On the other hand, the initial response to COVID-19 discloses unknown weaknesses in the EU’s ability to act as a collective union towards human health. The paper evaluates the successes and limitations of specific developments to EU law, including directives, economic mechanisms, and financial agreements, showcasing the workings of EU policy making and its impact on Member States. Then, the paper discusses the political implications of these legal developments and their role in redefining human rights for the EU in the 21st century. The paper concludes that the EU’s future relies on addressing the political implications of EU law that are essential to reinforce the EU’s role in crisis management and to better equip it to promote human development.

Narodowy Fundusz Zdrowia jako sprawca szkody antymonopolowej

Both in the European Union law and in the Polish national order, there is a comprehensive model of competition protection law enforcement, which includes: public and private competition rules enforcement. Private enforcement is carried out individually by entities aggrieved by the unlawful conduct of other entities by submitting a lawsuit under the Act on Claims for Compensation for Damage Caused by Violation of Competition Law. In compensation proceedings, it is necessary to identify the perpetrator of the antitrust damage. The concept of the perpetrator of antimonopoly damage also covers entities that organize or provide services of general interest without carrying out economic activity. The content of the publication, on the basis of legal regulations, available literature and judicates, is an attempt to answer the questions whether the National Health Fund, as a public entity not oriented towards making a profit, may be qualified as an entrepreneur who is the perpetrator of anti-monopoly damage and is obliged to repair it, and whether a civil court in the compensation proceedings may not qualify the National Health Fund as an entrepreneur that may be the perpetrator of antitrust damage?

A new approach for environmental damage assessment pursuant to the European Union Environmental Liability Directive.

The European Union and Member States national laws require competent authorities to promptly and effectively address environmental incidents, noncompliances, and criminal offenses, necessitating thorough planning of investigation and assessment activities. To enhance environmental damage assessments in line with the European Environmental Liability Directive (ELD, 2004/35/EC), the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL Network) has introduced the Criteria for the Assessment of the Environmental Damage (CAED) framework. This framework, outlined in a Practical Guide, offers a methodological approach to environmental damage assessment (EDA) focusing on three key objectives: case screening, identification of "clues" of damage, and determination of "evidence" of damage. Given the critical importance of structured data collection and evaluation, the CAED project has adopted a Driver, Pressure, State, Impact, and Response (DPSIR) model adapted to environmental damage and developed the Practical Tables. These tables serve as a comprehensive tool for systematically identifying investigative priorities and collecting standardized data and information using a predefined list of qualitative or quantitative indicators. This article provides an overview of the Practical Guide and Practical Tables, collectively referred to as the CAED Toolkit, aiming to establish a common framework for environmental damage assessments among various competent authorities and stakeholders across Europe. Integr Environ Assess Manag 2024;20:2050-2059. © 2024 SETAC.

Qualifying for international and national protection under the Polish legal order: Some remarks in the context of the war in Ukraine

The Russian Federation's actions against Ukraine in February 2014, having - at the time - the form of hybrid warfare, followed later by an armed assault that took place on 24 February 2022, have resulted in an unprecedented influx of refugees from across Poland's eastern border. As Poland faced a major challenge (also in legal terms), additional regulations had to be introduced to supplement the refugee protection standards already in place under national and international laws. The purpose of this paper is to identify the prerequisites (conditions) stemming from the catalogue of protective instruments provided for in Polish legal regulations that can be taken advantage of by Ukrainian citizens after the Russian attack of 24 February 2022. The thesis of this study is that Polish protective mechanisms are consistent and complementary, and that, insofar as they apply to Ukrainian citizens, they fulfil international obligations under the Convention relating to the Status of Refugees, adopted on 28 July 1951 and secondary European Union law, mainly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011.