Member State Action Research Articles

Development of tourism policy in the European Union

The development of the European Union's tourism policy is studied. The types of the Union's competence (exclusive, joint and auxiliary) are considered. It is noted that the Union's competence in the field of tourism is an innovation of the Lisbon Treaty, which states that the EU has been empowered to support, coordinate and complement the actions of Member States in the tourism sector, i.e. the Union will not take independent action in this area. It is established that, due to the lack of competence in the tourism sector, the European Union does not have any official body that would directly deal with the development of tourism in the Member States, but some issues related to tourism are within the competence of the European Parliament and the European Commission. It is noted that recent years have confirmed the interest of the Union institutions in tourism policy. The main messages and programs of the European Commission, which set policy guidelines for the development of the tourism sector, are considered. Two documents from 2022, which form the basis of the EU tourism policy, are analyzed: Council conclusions on European Agenda for Tourism 2030 and the Tourism transition pathway – Co-creation and co-implementation process. It is noted that tourism accounts for almost 10% of the Union's GDP and employs about 23 million people, but despite being one of the most important sectors of the European economy, tourism is not seriously considered. At present, the European Union has only auxiliary powers, i.e., the ability to supplement, support and coordinate the actions of the Member States, without the possibility of harmonizing the legislation of the Member States in the field of tourism. It is proposed that in order to achieve more effectively the Union's objectives in the field of tourism, which are to create a favorable environment for the development of tourism business and to promote cooperation between Member States, in particular in the exchange of goods and practices, a common tourism policy should be introduced and a body responsible for the tourism sector should be established. It has been proven that a thriving tourism industry will increase the overall competitiveness of the European Union on the world stage.

Rethinking African Regionalism: Assessing How Regimes Use the African Union

Abstract: This paper critically analyzes the African Union's (AU) efforts toward continental integration, highlighting the gap between its rhetoric and the actions of member states' political leaders. The paper suggests that the AU's focus on individual state sovereignty, rather than continental unity, is partly due to its self-serving role for the political elite, serving as a vessel for regime-boosting and sovereignty-enhancing purposes. The paper acknowledges some of the successes of the AU in reducing armed conflicts and military coups through its Peace and Security Council, Panels of Conflicts Resolution, and the African Standby Force for peace missions. It also recognizes the potential benefits of the African Continental Free Trade Agreement (AfCFTA), which aims to lower or eliminate cross-border tariffs on most goods, promote investment, and pave the way for a continent-wide customs union. However, the paper argues that "performative" Pan-Africanism efforts demonstrate the persistent gap between the AU's rhetoric and actions. Therefore, a close examination of the AU reveals how reigning regimes use regionalism as "opportunity structures" in political crises. The paper suggests that the AU's focus on individual state sovereignty reinforces traditional notions of sovereignty and hinders the process of continental integration. The paper contributes to the scholarship of regionalism by examining the less prominent roles of integration in Africa. It also highlights how supranational entities can be adaptive and mutative for their specific locales. Finally, the paper calls for critically examining the AU's role and potential for promoting genuine continental unity.

The Maastricht Treaty 1992: Taking stock of the past and looking at future perspectives

Aim: The article contains a personal view of the history as well as the future of the European Union‟s (EU) health policy. Describing and evaluating the developments on the road from the Treaty of Maastricht to a new Europe it asks and tries to answer the question if weespecially the EU Member States – really know where we want to go to and how to get there. Method: Based on personal experiences, countless EU documents, as well as scientific publications the paper shows the impact EU Health policy has had in the Member States in the past. Historical development: Considering that the legal basis for health has been and remains to be very weak limiting EU action to support, coordinate, and supplement actions of Member States – which, as a rule, still consider health to be first and foremost a national responsibility and therefore do not want interference from international institutions – the amount and content of EU health activities in the past years has been quite remarkable. Health policy may not be an EU priority and as a crosscutting policy sector it is dominated by many other EUpolicies. However, especially the “hard law” regulations and directives of the Internal Market give EU the power and competence to achieve health objectives. The size of this growing influence is shown by direct interventions, made possible by the legal acts to improve economic policy coordination. Health and health care in this context are considered as a key policy area for economic growth and EU macroeconomic policy. On the other hand, there isrisk that such regulations affecting health policy and population health may be dominated too much by economic institutions and their interests, whereas health authorities play onlyminor role to date. Conclusion: For the future of EU health policy it is essential that its position is considerably strengthened, in order to assure that health interests of the EU population are sufficiently safeguarded.

The Path towards the European University in the Current EU Legal Framework: the Unita – Universitas Montium Experience

The development of university cooperation at the European level is closely related both to the needs of the single market and to those of an economic and social cohesion functional to a more effective protection of the rights of European citizens. The recent launch of EU university alliances is part of this framework, although the absence of legal instruments explicitly conceived for institutionalised cooperation could undermine the success of the action of alliances. The EU competence in higher education is limited to the support, coordination, and supplement of member state actions (art. 6TFEU). The absence of a harmonising competence circumscribes the possibilities of EU intervention and especially prevents the provision of EU degrees which could replace national diplomas. However, the allocation of funding allows policies capable of effectively influencing the systems of member states (see for instance the EU experience in common agricultural policies sector). In this context, the limits of the existing tools could be almost partially overpassed by the adoption of new regulations or directives, to allow an institutionalised cooperation between universities. The existing solutions offered by the EU legal system are not fully satisfactory, nonetheless, some of them could be useful: among these, the European Economic Interest Grouping (EEIG) is especially interesting.

Javnozdravstveni nadzor nad legionarskom bolešću povezanom sa putovanjima u Evropi i Crnoj Gori

The aim of this study is to show how public health surveillance of travel-associated Legionnaires' disease was conducted in Europe, as well as in Montenegro. The estimations of the European Centre for Disease Prevention and Control (ECDC) indicate that every year about one thousand tourists from Europe get infected by legionellae during their holiday and stay at hotels across the continent. The European Legionnaires' Disease Surveillance Network (ELDSNet) was established with the aim to detect, control and prevent cases, clusters and sources of outbreaks of travel-associated Legionnaires' disease within the European Union (EU) and European Economic Area (EEA), and to assist with detection and response to outbreaks outside the EU/EEA. Sharing information leads to concrete and timely actions of member states of ELDSNet, so that residents of the EU/EEA who travel abroad are protected. ECDC recommends a set of measures that should be followed by public health authorities and tourist sector of the country which was visited by the traveler who caught this disease. If the measures are not carried out, information is published online and European tour operators can use the information when booking holiday packages abroad. Operating procedures provide a set of common measures which should be followed by all EU/ EEA member states involved in the protection of their residents against Legionnaires' disease. Each case of Legionnaires' disease which is reported in tourists, who stayed in Montenegro, is epidemiologically analyzed according to the operating procedures of ELDS Network.

Legal significance of the decisions of the court of the European Union concerning the application of commonwealth energy legislation in the energy sphere by other states-participants and issue on the use of such decisions by the courts of Ukraine in the resolution of relevant disputes

Problem setting. The Court of the European Union is a central term, which characterizes the entire court system of the European Union, which, without a doubt, includes three lanes: the Court of Justice, the Zagalny Court and special judges. Such an institute is aimed at accepting new acts of legal form and legal significance, and the very decision, the decision of the institution. The acceptance of such acts is a manifestation of the implementation of the judicial competence of the named institution, however, the link with the system is determined by the following: which may be the reason for the nature of precedent practice; both the established stench for the use of the Court itself by the Court of Justice itself, as well as by the other institutions, which have been approved by Article 13 of the Treaty on the European Union; what is the decision of the Court EU norms of law EU. Analysis of the meaningful nutrition is the subject of a complete dosage. Analysis of recent researches and publications. The legal meaning of the decision to the Court of the European Union and the possibility of implementing such decisions before the legislation of Ukraine. Target of research is to examine the status of decisions of the Court of Justice of the European Union as a precedent. Article’s main body. The research is devoted to the analysis of the legal significance of the decisions of the Court of Justice of the European Union on the application of acts of the legislation of the Energy Community in the field of energy by the courts of Ukraine in resolving relevant disputes. It is noted that the Court of Justice of the EU is a judicial institution of another legal order, an international organization – the European Union, whose practice is fundamental to the development of the rule of law in the European Union. However, it is stated that the national courts of the EU member states are tasked with the daily application of EU law in accordance with the principles of supremacy, direct action and responsibility of member states for compliance with EU law. It is established that the legal basis for the functioning of the electricity market is the Constitution of Ukraine, special laws, international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine, and other legislation of Ukraine, according to which the subjects of power and courts In applying the provisions of this Law, the law enforcement practice of the Energy Community and the European Union shall be taken into account, in particular decisions of the Court of Justice of the European Union (European Court of Justice, General Court), the European Commission and the Energy Community Secretariat. Conclusions and prospects for the development. A systematic analysis of the norms of national and international law allows us to conclude that the provisions of the Association Agreement between Ukraine and the EU are part of the national legislation of Ukraine, its provisions are mandatory and binding throughout Ukraine. Therefore, the case law of the Court of Justice of the European Union is applicable to the courts of Ukraine in resolving disputes concerning the application of energy legislation in the field of energy by other member states in full in the same manner as for the application of European Court of Human Rights.

Constitutional creativity or constitutional deception? Acts of the Member States acting collectively and jurisdiction of the Court of Justice

This article looks at the collective acts of the Member States which have a close connection with the EU, either because they trigger action at EU level, or because they find their basis in the Treaties. It is argued that such acts should not escape review just because they are not clearly situated within either the EU or the domestic legal system. The article identifies five categories of such acts, and then focuses on the EU-Turkey Statement and Sharpston cases as examples. For collective acts not based on the Treaties, various factors determine whether or not they are ascribable only to the collective action of Member States, or rather are adopted jointly with the EU institutions. If an act is also ascribable to an EU institution it must not escape judicial review, either through Article 263 TFEU or via preliminary rulings. Furthermore, EU acts deriving from a collective decision are subject to judicial review at EU level, and if an EU institution participated in the adoption of such acts, or failed to ensure that the act complied with EU primary law, the EU might incur non-contractual liability. Collective acts of the Member States can produce legal effect in the EU legal system only insofar as based on the Treaties and such acts have primary law status only when ratified according to national constitutional requirements. Acts lacking primary law status must be subject to the jurisdiction of the ECJ regarding their compatibility with the Treaties and the Charter. Collective acts of the Member States, judicial review, EU-Turkey Statement, Sharpston affaire, Case T-192/16, C- 684/20 P, C-685/20 P, T-180/20

What is next? Vision statement and reflections for sustaining project outcomes in a possibly post-pandemic era

IntroductionThe ongoing COVID-19 pandemic has demonstrated the importance in strengthening cooperation and coordinated action of Member States (MS) to improve preparedness and response capacities at points of entry (PoE). This emphasizes the need for perpetuating the work of EU HEALTHY GATEWAYS (EU HG) and the availability of this cross-European network to transfer lessons learned for future public health threats.MethodsAn interdisciplinary sustainability working group identified options for continuity of activities at EU level and provided a template national sustainability plan to be adapted by MS based on national needs and priorities.ResultsSince the beginning of the pandemic EU HG provided 37 consultations to MS, developed 15 advice documents, delivered training courses, produced a study on preparedness and response at PoE and developed the EU digital Passenger Locator Form (EUdPLF) system. A European web-based network for PoE was developed including discussion forums, e-learning platform, searchable network of professionals' at PoE registry, bibliographies, web-based training resources and best practice catalogues. Overall, the 533 inspectors in the EU SHIPSAN INFORMATION SYSTEM (EU SIS) recorded 29268 IHR (International Health Regulations) certificates, followed up 69 public health events via the communication network for EU ports, and recorded >4600 hygienic deficiencies.ConclusionsEU HG has a holistic approach, supporting operations on local, regional, national and European level and by taking into account all transport sectors. The web-based systems and capacity building activities support EU Decision 1082/2013/EU for serious cross-border health threats and the EUdPLF supports implementing Decision (EU) 2017/253 for the contact tracing of passengers identified through PLFs. Adoption of components of EU SIS will support implementation of Regulation (EU) 2019/1239 which includes the provision of a common ship sanitation database.

Political restructuring, bureaucratization and minority groups in Myanmar: The case of Rohingya from 2011 to 2018

Abstract Politics of ethnicity can have serious repercussions if balance of interests is not maintained and this can lead to internal destabilization of states. This is the case in Myanmar, a situation which has brought suffering and deaths of thousands; effectively raising concerns and opprobrium against the government of Myanmar. Minority groups in Myanmar are greatly oppressed, though recent proceedings have seen the democratically elected government trying to avert the situation, while facing great restraints from the military which has been in control of the government for decades. The transformation process to uphold minority rights is marred with controversy as the Rohingya systematic alienation has persisted even in the new political dispensation. Discriminatory, cumbrous bureaucratic tendencies, are constantly used to control and manipulate the Rohingya to force them out of the country, a system which is ultimately backed by state sponsored violence. This research therefore, seeks to critically examine how the bureaucratic systems in Myanmar has been weaponized to systematically suppress rights of the Rohingya. Most research has focused on the butchering and series of violence against the Rohingya but this is generally a condensed and comprehensive analysis of the direct contribution of the bureaucrats as the implementers of public policy. This research concludes that, the doctrine of sovereignty has largely remained the salvation harboring and facilitating the continuity of repressive regimes despite the existence of the doctrine of limited sovereignty. Most importantly, the Rohingyian ordeal hints on the failures of the United Nations as actions of member states are conditioned by their selfish interests and states would only act where their national interest lie. There is need to create a global authority with executive legislative, judiciary, military and constitutional authority to exert authority over governments.

Увязывание бюджетных ассигнований ЕС с соблюдением верховенства права: пример Польши и Венгрии

The article discusses the possible introduction of the rule-of-law conditionality, linking the provision of payments from the EU budget with the observance of the principles of the rule of law by the Member States. It is noted that some other tools previously used to achieve integrity of values in the EU have proved to be inefficient. In particular, all attempts to impose sanctions provided for by Article 7 of the Treaty on the European Union for violating the principles of the rule of law against Poland and Hungary have not yet led to any result. At the same time, one can see how different conditionalities for receiving funds or other benefits from the EU are becoming an increasingly common internal EU governance mechanism, although initially this tool was used mainly in building external relations. It should be noted that the possibility of budgetary sanctions is spelled out in the draft budget, but the mechanism for their introduction is not precisely defined. This is partly due to the need to reach a consensus at the EU summit, which agreed on the budget in July 2020. European leaders opted for vague language for the budget sanctions mechanism to be approved in principle. This once again shows the complexity of making tough decisions within the EU. Nevertheless, one can see the consistent actions of European structures and Member States to provide a new mechanism for the protection of European values. The economic nature of this mechanism, as well as its relative effectiveness in other areas, may increase the interest of a number of EU Member States in it. This creates a potential risk for the authorities of Poland and Hungary, which may lose some of the subsidies from the EU. However, it cannot be ruled out that the EU approach of seeking a compromise will prevail even after a new sanctions instrument appears at its disposal.

Adaptation of irrigation to climate change in the European Union: effective actions of member states to save water

Adaptation of irrigation to climate change in the European Union: effective actions of member states to save water

Women, Peace, and Security: Mapping the (Re)Production of a Policy Ecosystem

Abstract The Women, Peace, and Security (WPS) agenda is a global peace and security architecture conventionally understood as emerging from a suite of UN Security Council resolutions and accompanying member state action plans over the last twenty years. The agenda serves as a major international gender equality initiative in its own right and as a prominent example of the broadening of security practices in global politics. In this paper, we present the first truly systematic analysis of the agenda, drawing on a novel dataset of 213 WPS policy documents from across the UN system, national government initiatives, and regional and international organizations published between 2000 and 2018. We argue that the degree of variation in the WPS agenda is frequently underestimated in conventional models of norm diffusion and policy transfer, and instead propose an account of the agenda as a dynamic ecosystem shaped by reproduction and contestation. Our empirical mapping runs counter to established narratives about the development of the agenda, producing insights into the pace and location of the growth of WPS; the hierarchy of its key “pillars”; the emergence of new issues; the development of rival versions of the agenda; and the role of domestic institutions in shaping WPS policy. We find support for the claim that the WPS agenda is pluralizing in significant ways and provide illustrations of points of fracture within the agenda at large. Our argument has significant implications for the WPS research agenda and for scholarship on security norms and policy more broadly.

Does Evidence-Based EU Law Survive the Covid-19 Pandemic? Considering the Status in EU Law of Lockdown Measures Which Affect Free Movement

When Member States restrict free movement on public health grounds they must show that their measures have a sound scientific basis. However, during the pandemic Member States have imposed a wide variety of restrictions, at the border, and internally. While Member State governments have invariably had local scientific advice, the variety of their measures suggests that their actions have also been driven, to some extent, by public opinion, contrary to what EU law generally allows. This situation could be seen as a defeat for EU law as traditionally conceived, and the triumph of local preferences over scientific standards. Perhaps we learn that in a crisis, local desires for symbolic security and closure trump both law and science. Alternatively, it can be argued that the Court of Justice's emphasis on exclusively objective justifications for measures is unrealistic and over-strict. The pandemic responses show that (i) science is often neither clear nor determinative, and (ii) policy is invariably a mix of science and values, even in apparently technical fields. In either case, the absence of legal challenges to Member State actions leaves free movement in an uncertain state. Have we entered a new phase, where national fears are a more legitimate justification for restricting movement, or will the pandemic be treated as so exceptional as to be beyond law, and thus not a precedent?

EUROPEAN TRENDS IN THE RIGHT TO EDUCATION DURING THE PANDEMIC. MEASURES TAKEN BY THE EUROPEAN COMMISSION DURING THE PANDEMIC TO ENSURE THE PROTECTION OF THE RIGHT TO EDUCATION

The aim of this paper is to describe the implications of the European institutions for the basic legal framework for the protection of the right to study and the development of education in the context of the pandemic, by supporting and complementing the actions of Member States by the European Union. Since the onset of the crisis, the European Commission has made efforts to coordinate, supplement and initiate the necessary measures to address all aspects of the coronavirus pandemic. The digital sector plays an important role in the educational process.

European trends in the right to education during the pandemic

The aim of this paper is to describe the implications of the European institutions for the basic legal framework for the protection of the right to study and the development of education in the context of the pandemic, by supporting and complementing the actions of Member States by the European Union. Since the onset of the crisis, the European Commission has made efforts to coordinate, supplement and initiate the necessary measures to address all aspects of the coronavirus pandemic. The digital sector plays an important role in the educational process.

The Diagonality Problem of EU Rule of Law and Human Rights: Proposal for an Incorporation à l’européenne

AbstractThe EU’s limited powers do not enable its institutions to effectively intervene in cases where Member State actions threaten fundamental values. The recent controversies emerging from some Member States’ human rights and rule of law backsliding turned this question to one of the core issues of the European project, calling for effective fundamental rights protection in the EU without suppressing national constitutional identities. Though EU law’s approach, at least at first glance, might appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is concerned, EU law may draw on the experiences of various regimes where centralized human rights protection and national or state constitutional identities coexist. This Article analyzes the current European approach as to the application of the federal bill of rights to states from a comparative perspective and explores the constitutional and jurisprudential patterns addressing the question of inquiry in a multilevel constitutional architecture. The Article analyzes the subject from a doctrinal, ontological, textual-conceptual, and institutional perspective with the aim of contributing to the current European debate with a new comparative perspective and fostering EU constitutional development with structural patterns. It submits that the currently prevailing paradigm of “scope” should be replaced or complemented with the paradigm of “core standards” and proposes a doctrine of European incorporation, arguing that the diagonally applicable rule of law and human rights requirements should be incorporated via Article 2 TEU to make them judicially applicable.

Some ways to improve legislation of Ukraine to combat crimes against children

The scientific article explores some ways to improve the legislation of Ukraine to ensure effective counteraction to violent crimes against children. The system of state and international legal protection of the child is considered. Some regularities and systematic miscalculations in the state are identified and directions for improving legal acts to ensure effective counteracting of violent crimes against children are clarified. It is noted that joining the European legal community with the basic tenet of respect for the legal values of each person is the main direction of development for Ukraine. The legislation of Ukraine defines the protection of childhood as a priority and strategic direction of the whole state policy, while, as practice shows, only the presence of legal norms without an established mechanism of implementation is not able to ensure their effectiveness. Attention is emphasized that positive international practices of effective investigation of violent crimes against children should be introduced into the legislation in force, while not forgetting that the main priority is to ensure the psychological health of the child. Attention was also drawn to the importance of international cooperation in criminal proceedings, as it is through the joint actions of different Member States of the international community that the punishment of a person who has committed a criminal offense, including violent crimes against a child, is effectively enforced. The article highlights the directions of significant improvement of the activity of public authorities in combating violent crimes against children. At the same time, special attention was paid to the fact that the improvement should take place at the same time as improving the social conditions of citizens, raising their legal consciousness and culture.

Does Evidence-Based EU Law Survive the COVID-19 Pandemic? Considering the Status in EU Law of Lockdown Measures Which Affect Free Movement

When Member States restrict free movement on public health grounds they must show that their measures have a sound scientific basis. However, during the pandemic Member States have imposed a wide variety of restrictions, at the border, and internally. While Member State governments have invariably had local scientific advice, the variety of their measures suggests that their actions have also been driven, to some extent, by public opinion, contrary to what EU law generally allows. This situation could be seen as a defeat for EU law as traditionally conceived, and the triumph of local preferences over scientific standards. Perhaps we learn that in a crisis, local desires for symbolic security and closure trump both law and science. Alternatively, it can be argued that the Court of Justice's emphasis on exclusively objective justifications for measures is unrealistic and over-strict. The pandemic responses show that (i) science is often neither clear nor determinative, and (ii) policy is invariably a mix of science and values, even in apparently technical fields. In either case, the absence of legal challenges to Member State actions leaves free movement in an uncertain state. Have we entered a new phase, where national fears are a more legitimate justification for restricting movement, or will the pandemic be treated as so exceptional as to be beyond law, and thus not a precedent?

SUSPENSION AND EXPULSION OF MEMBERS OF THE COUNCIL OF EUROPE: DIFFICULT DECISIONS IN TROUBLED TIMES

AbstractThe effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

The employment multiplier in the European hospitality industry: a gender approach

PurposeThe purpose of this study was to estimate the capacity of the predominant activity of the Hotel and Restaurant (H&R) sector to create female employment in European Union (EU) countries.Design/methodology/approachThe methodology used was conducted in two stages. First, a branch employment multiplier was calculated using the Leontief input-output tables (IOTs), which show the direct and indirect capacity of the activity to generate female employment. Second, a regression model was estimated to explain the determinants of the female employment multiplier in the H&R sector. It should be noted that the reliability and simplicity of the proposed model allows countries without IOTs, but with gender-disaggregated labor statistics, to easily estimate their own female employment multiplier.FindingsThe results show that the job-creation capacity of the H&R sector significantly varies across the EU countries, especially in relation to the female employment multiplier. Although international differences in gender wage gaps help to explain such multipliers, institutional factors and feminization rate also play a key role.Research limitations/implicationsThe results may contribute to improving the actions of member states to stimulate the sustainable development of the tourism sector.Originality/valueBased on previous literature, the finding that higher tourism expenditure may result in increases in tourism employment gives rise to another set of interesting questions. The most fundamental of these may concern the nature of the economic underpinnings of the growth of female employment. This paper contributes to this issue by conducting a specific analysis across EU countries using a homogenous and comparable methodology.