Obligations Of Member States Research Articles

THE EU RESPONSE TO THE MASSIVE INFLUX OF DISPLACED PERSONS FROM UKRAINE IN 2022

Russia has been conducting military action against Ukraine since 24 February 2022, in violation of the prohibition on the threat or use of violence against the territorial integrity or independence of any state, which is one of the fundamental principles of modern international law. The Russian aggression has resulted in a sharp increase in migratory pressure on the EU. As a result, the Union launched a special temporary protection procedure for the first time in its history. As temporary protection is one of the instruments of the Common European Asylum System, this article begins with an analysis of its nature within EU asylum policy. The article’s next research question and objective relate directly to the EU’s response to the Russian act of aggression. They are relevant for clarifying the political context of the activation of temporary protection and, simultaneously, establishing the circumstances necessary for the activation of temporary protection in the light of Council Directive 2001/55/EC. This Directive and Council Implementing Decision 2022/382 determine the normative construction of the temporary protection 2022. These elements are its duration, the categories of beneficiaries, and the beneficiaries’ entitlements, which result in obligations for Member States. The analysis of these issues will determine to what extent temporary protection is a viable and effective measure of international protection for displaced persons from Ukraine.

The Evolution of the Principle of Shared Responsibility in the Area of European Integrated Border Management

The article includes a legal analysis of the principle of shared responsibility, which is the current basis for implementing European Integrated Border Management (EUIBM). In particular, the article analyzes the main instruments strengthening the institutional position of the European Union in border management, that is, the Frontex standing service and its powers to apply coercive measures and the obligation of Member States to cooperate with the agency. There are three stages in the evolution of the principle of shared responsibility. The first stage begins with the reform of the EUIBM system resulting from the then migration pressure, initiated by the European Commission’s communication of December 2015 and the European Border and Coast Guard (ESGiP) Regulation of 2016, replacing the original Frontex Regulation. The reform allowed for the adoption of the first binding definition of European integrated border management and introduced the principle of shared responsibility. The second stage is marked by the ESGiP reform of 2019, which significantly expanded Frontex’s competences by establishing the agency’s force corps. The third stage, carried out during the period of intensifying geopolitical changes in Europe and the world, begins with the adoption in 2023 of the first multi-annual program implementing and aimed at the effective implementation of EUIBM, the so-called “strategic policy.” The article puts forward the thesis that geopolitical conditions favoring the tendency to tighten operational cooperation have enabled the Union to build an EUIBM based on the principle of shared responsibility and a significant evolution of the principle itself. It seems that EUIBM in its current formula has exhausted the treaty possibilities and further expansion of the system should be preceded by a treaty reform.

THE ROLE OF EAEU LAW IN THE DECARBONIZATION OF ENERGY SYSTEMS OF THE MEMBER STATES AND SUSTAINABLE DEVELOPMENT OF THE GREEN ECONOMY

The article analyzes current problems of improving the rules of law of the EAEU aimed at decarbonizing the energy systems of the member states. The research was carried out using general and special methods of scientific knowledge, including formal-logical, the method of comparative law, etc. It contains proposals for improving the norms of law of the EAEU and the legislation of the Republic of Belarus, in particular, the introduction to the Law of the Republic of Belarus “On Environmental Protection” of 1992 special article 57.1 “Carbon units and carbon market”. The author notes the positive experience of the Republic of Kazakhstan in the field of decarbonization of the economy and concludes that it is advisable to use it in the Republic of Belarus and throughout the EAEU. The expediency of increasing the efficiency of the EAEU integration law is emphasized, including by consolidating the international obligations of the member states in the form of quantitative targets for the introduction of renewable energy sources and for ensuring access to common electrical networks. It is also proposed to establish obligations for Member States to adopt and implement energy efficiency plans, setting targets and reporting on their implementation. According to the author, in order to ensure the implementation of these measures, it is necessary to consolidate decarbonization, the development of renewable energy and increasing energy efficiency as the goals of the EAEU in the Treaty on the EAEU or in a special Appendix to it. The results of the study can be applied in the legislative and law enforcement practice of the EAEU, the Republic of Belarus and other member states of the EAEU.

Compliance & Enforcement in International Law: Achieving Global Uniformity in Aviation Safety

无人遵守且无法实施的法律与诗歌无异——虽悦耳动听，但对我们生活的现实世界鲜有影响。现有的研究并未完全把国际规范和遵守国际法律义务统一起来;甚至需要达成广泛共识来实现国际协作的领域，也没有完全达成一致。受各国固有主权、参差不齐的经济发展水平、以及种类繁多的政治优先事项影响，遵守国际义务并不是一件容易的事。本文将考察有关国际航空安全的法律法规，同时也会论及在遵守国际义务中单边及多边所做出的努力。国际商业航空提供了有价值的研究案例，让国际社会在守法的前提下，得以共同探寻互利的可能性。国际习惯法、国际组织颁布的类法律准则，以及国内法规与程序法，增进了我们对复杂国际企业的理解，比如，商业航空公司是如何在国际舞台发挥其影响力的。1944年，国际社会急待通过统一的立法来保障航空安全。这需要一个管理国际航空的组织，其不仅享有制定国际航空安全规则的准立法权，同时也有权强制让成员国通过国内法来执行这些规则。然而，除了主要成员国和国际组织所做的努力，这一目标推进得十分缓慢。因此，把航空安全作为一个典型课题，不仅可以研究国家遵守国际义务的意愿和能力，还可探索激励或强制履行国际义务的方式。这一研究之所以重要，还有一个更加现实的原因，即安全（safety）和保安（security）密切相关。对二者进行规定，除了可以避免人身损害和财产损失，最重要的是可以防止人们失去生命。不过，二者也存在区别。安全的规定用来预防意外伤害，而保安的规定则用来预防故意伤害。正如普通法中过错责任（fault-based negligence）和故意侵权（intentional torts）的区别：后者比前者的过错更大，且会面临更加严格的惩罚。2001年9月11日的悲剧后，保安成为国际航空界最为关心的目标。可实际上，乘客死于航空安全的概率比死于空中恐怖袭击的概率高出10倍。因此，研究航空安全在实践中的重要性，其意义远大于充满感情色彩的航空保安研究。在商业航空中，安全的优先级一定是最高的。统计数据表明，国际航空的安全性近年来显著提升。究其原因，一方面归功于日益进步的技术，另一方面也得益于不断完善的法律。本文关注的是后一个问题。 Law without compliance and enforcement is like poetry – it is pleasing to the ear, but has little to do with the practical world in which we live. The study of efforts to achieve uniformity in international norms and compliance with international legal obligations reveals mixed success, even in areas where there is widespread consensus for the need to have international harmony. Given the inherent sovereignty of states, the heterogeneous levels of economic ability, and the diversity of political priorities, securing compliance with international obligations is rarely an effortless task. This article addresses legal norms governing international aviation safety, as well as both unilateral and multilateral efforts to achieve state compliance with those international legal obligations. Commercial international aviation provides a useful case study of how the world community seeks to achieve mutual self-interest by securing global harmony in law. The interplay between conventional international law, quasi-legal standards promulgated by international organizations, and national laws, regulations, and procedures offers insights as to how complex international enterprises, such as commercial aviation, play on the world stage. In 1944, the world community acknowledged the need to achieve safety in international aviation through uniformity in law by establishing an organization to govern international aviation, conferring upon it quasi-legislative power to prescribe standards governing international aviation safety, and obliging member states to implement these standards through their domestic laws. Despite the efforts of major aviation nations and international organizations, those goals are only sluggishly being achieved. Thus, aviation safety can serve as a case study to inquire into the ability and willingness, on the one hand, or inability and unwillingness, on the other, of states to conform to their international obligations and the means by which they can be encouraged, or coerced, to comply. This inquiry is important for another less theoretical and more practical reason. Safety and security are two sides of the same coin. The regulation of both is designed to avoid injuries to persons and property, and the deprivation of man’s most valuable attribute – life. Yet the two are quite different, as well. Safety regulation focuses on preventing accidental harm. Security regulation focuses on preventing intentional harm. Like the common law difference between fault-based negligence and intentional torts, the latter involves more culpability than the former, and is deterred by more serious penalties. Since the tragic events of September 11, 2001, security has become a paramount concern in international aviation community. Yet a passenger is ten times more likely to lose his life in an aviation safety-related accident than in an aviation terrorist event. Hence, the study of aviation safety is of far more practical importance than the more emotionally driven study of aviation security. Safety must be among the highest priorities in commercial aviation. All statistical evidence indicates that international aviation has become decidedly safer in recent decades. Though much of that positive result can be attributed to improvements in technology, much can also be attributed to improvements in the law. It is the latter subject that is the focus of this article.

THE RATIFICATION OF THE ISTANBUL CONVENTION BY THE EUROPEAN UNION AND ITS EFFECT ON CANDIDATE STATES: SPECIFIC REFERENCE TO TURKEY

This research evaluates the process and consequences of the European Union’s recent ratification of the Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). The issue of violence against women persists as a global problem, and with the Union ratifying the Convention in June 2023 and its pledge toward actions to curb gender-based violence, this issue has gained ever more traction throughout Europe and its surrounding geographies. Analysing the hurdles within the ratification process, it can be said that ratification was a progressive move for the Union. Thus discussion of the obligations of Member States, particularly those that have not ratified the Convention, is necessitated. As a country historically controversial to gender-based violence, Turkey has gained much international and national notoriety in withdrawing from the Istanbul Convention in 2021. With the recent regeneration of communications with Turkey and the EU reaffirming Turkey’s candidate status, an examination of Turkey’s standing in fulfilment of its accession obligations is warranted. Consequently, Turkey’s legal framework is analysed and future steps are discussed. The findings show that Turkey’s lack of political willingness to implement and expand the existing legal infrastructure generates potential hindrance to EU relations.

The negotiation process of the EU Nature Restoration Law Proposal: bringing nature back in Europe against the backdrop of political turmoil?

In 2022, the European Commission proposed an EU Nature Restoration Law (Proposal). This was a groundbreaking proposal and would be the first comprehensive piece of binding international legislation that holds legally binding targets and deadlines for landscape‐wide restoration. Although the Proposal initially received very positive reactions from a variety of stakeholders, including scientists, organizations, and companies, certain lobby groups—mainly from the primary sectors (agriculture, forestry, and fisheries)—led a strong campaign against the Proposal, often based on unfounded arguments and short‐term considerations. After several nail‐biting voting rounds, a political compromise on an amended text was finally reached and awaits final approval. The Compromise still provides an appropriate legal basis for upscaling restoration within the EU through clear targets on restoration for different ecosystems and implementation obligations for Member States. However, we argue that, since the Compromise weakens the Proposal on some vital points regarding the operationalization of restoration at the national level, it remains uncertain whether the final law will produce the tangible effects that are necessary in the coming years.

The Obligation to Establish and Uphold Judicial Independence under Article 19(1) TEU

This article explores the obligation of Member States, under Article 19(1) TEU, to uphold the judicial independence of all national courts who ‘may’ rule on Union law. The European Court of Justice (ECJ) first set out this obligation in their seminal ruling in Associação Sindical dos Juízes Portugueses and has since developed an extensive case-law. This article explores and discusses that case-law with the purpose of setting out, in a general manner, the key obligations Member States have under Article 19(1) TEU. Furthermore, where the ECJ has only set out general requirements without detailing their content, this article expands on the case-law by supplementing and contrasting solutions provided to similar issues in the case-law of the European Court of Human Rights (ECtHR), the recommendations of the Venice Commission and in wider International Human Rights Law. Finally, this article discusses whether judicial independence can be balanced against other aims, concerns and goals, and what room that leaves Member States to justify potential restrictions on judicial independence by the pursuit of (other) legitimate objectives.

Legal regulation of the exercise and protection of the child’s right to medical care in Ukraine

The purpose of the article is to determine the peculiarities of the legal regulation of the implementation and protection of the child’s right to medical care in Ukraine. In order to recognize a child as a subject of legal relations for the provision of medical care, it is important to distinguish between the legal status of minors and minors in the legislation of Ukraine.
 The following conclusions were made: 1) the consent of the minor child’s legal representative is required to exercise the right of a minor child to medical assistance; 2) a minor child can independently exercise his right to medical assistance (gives consent to medical assistance, chooses a doctor and methods of treatment in accordance with his recommendations); 3) the consent of both parents and the child is required to provide certain types of medical care to a minor child; 4) in urgent cases, in the presence of a real threat to the life of an individual, medical assistance is provided without the consent of the child or his parents (adoptive parents), guardian, custodian; 5) the law establishes a list of prohibitions regarding the participation of children (both minors and minors) in legal relations for the provision of medical assistance to children; 6) regardless of age, a child does not have the right to refuse treatment; 7) the peculiarities of the legal status of a minor child- patient may also depend on other parameters: on the types of activities minors are engaged in (for example, child athletes), their state of health (disabled children, drug addicts), social status, etc.
 Refusal of legal representatives from medical intervention for a child, which is necessary to save its life, is proposed to be considered as passive euthanasia, which is prohibited in Ukraine.
 The Convention on the Rights of the Child enshrines the obligation of member states to ensure that a child who is capable of formulating his or her own views has the right to freely express those views on all matters affecting the child.
 This requirement of the Convention gives children the opportunity to freely express their views and to demand that they be taken into account in accordance with their age and level of maturity. It was concluded that the legal regulation of the child’s right to medical care in Ukraine does not meet the requirements of the Convention on the Rights of the Child, and Ukraine is a party to this Convention.

Determination of the Occurrence of Negative Impacts during Lowering of Sinking Wells Using the Fuzzy TOPSIS Method

Sinking wells belong to underground facilities. Large-diameter sinking wells are often constructed as retention basins and reservoirs for wastewater treatment plants, which is determined by the Urban Wastewater Treatment Directive. The directive obliges Member States to implement the principles of sustainable development, promoting sustainable sewage collection and treatment systems. When designing and constructing facilities using sinking well technology, contact between the structure and the ground must be considered. During the lowering of a sinking well into the ground medium, a number of negative impacts may occur and affect the sinking process, including excessive ground settlement outside the well, damage or destruction of adjacent objects, tilt of the well casing from the vertical, and uncontrolled sinking of the well casing. The aim of this paper is to determine the occurrence of negative impacts during the lowering of sinking wells. Determining the incidence of negative impacts could help to avoid pre-failure and emergency situations relating to sinking wells. A fuzzy TOPSIS method was used to determine the above.

“Зеленый курс” как триггер углубления интеграции в Европейском союзе

The article examines the implementation of the European Green Deal in terms of the normative and regulatory framework development and the transformation of the governance system in the European Union. The study demonstrates that the Green Deal is a political response to societal demands and is based on the significant achievements of two previous decades. The Green Deal goes far beyond the climate/energy policy and provides for a fundamental transformation of the economic model. The incorporation of the sustainable development concept into all aspects of economic policy, if successfully implemented, may launch the transition to the third stage in the development of the EU economic model. The study concludes that by now, the European Union has formed the major part of legislative framework and the governance system necessary to achieve proclaimed goals. The reforms have radically strengthened the complexity of the policy course, de facto increased EU competence and regulatory powers of the European Commission, established new obligations for member states and formed more stringent mechanisms to influence national policies. Despite the change in the political situation in 2023–2024, the social base of the Green Deal remains significant. Accumulated experience and the reformed system of governance in the area of green transformation provide sufficient inertia. Taking into account all the features of the Green Deal and the momentum gained, the successful implementation of this project has a great chance to give impetus to new integration dynamic in the European Union.

ЕКОЛОГІЧНА ПОЛІТИКА ІТАЛІЇ В РАМКАХ ЄВРОПЕЙСЬКОЇ ІНТЕГРАЦІЇ (1972–2001 РР.)

The formation of Italian environmental policy can be divided into two stages. During the first of them (1972–1992), environmental protection was considered one of the additional functions of the government, and innovations in this field occurred mainly under the influence of man-made disasters. The first of them was a mass leak of toxic substances in the city of Seveso in 1976, which led to the mass evacuation of several tens of thousands of people. After that, European countries developed and implemented detailed regulations on handling hazardous materials. The second impetus for the development of environmental policy was the 1986 accident at the Chornobyl nuclear power plant. Then the government established a separate Ministry of the Environment, and also, under public pressure, held a series of referendums, as a result of which all Italian nuclear power plants were shut down. The second stage in the development (1992–2001) of Italy’s environmental policy began with the accession to the European Union after the signing of the Maastricht Treaty, in which the obligations of member states to protect the environment were clearly defined. To control this sector, a special environmental protection body was created – the European Environment Agency with an obligation to assess the member states according to the degree of implementation of environmental legislation. Since Italy carried out reforms to enter the eurozone in the 1990s, compliance with all EU requirements became a mandatory requirement for its government. In addition, environmental solutions, such as limiting carbon dioxide emissions into the atmosphere, controlling water resources and banning the excessive use of pesticides, began to affect the economy of the entire country significantly. The impetus provided by the European Union, helped Italy become one of the leading countries globally in implementing modern environmental policy. The task of this policy is not only to establish separate nature protection zones but also to create conditions for sustainable development, counter the negative consequences of climate change, and maintain a safe environment for the population.

الآليات الدولية لمكافحة الفساد: اتفاقية الأمم المتحدة لمكافحة الفساد أنموذجاً

Corruption is considered a multifaceted criminal phenomenon worldwide, and its combat is only effective through international mechanisms. The United Nations Convention against Corruption, issued in 2003, is regarded as the most important international framework for countries in combating corruption. The current study aims to understand the international mechanisms related to combating corruption according to the United Nations Convention, utilizing both descriptive and analytical methodologies. The descriptive approach was adopted to identify the specific nature of corruption crimes and the relevant substantive and procedural rules. Meanwhile, the analytical method was used to determine how to address these crimes within the existing international framework. The study concluded several noteworthy results, including the absence of a comprehensive, agreed-upon definition of corruption that satisfies all researchers. Additionally, the United Nations Convention did not include a clear and legal definition of corruption under study. It was also revealed that the legislative framework of the convention incorporates specific provisions for preventive measures against corruption, as stipulated in Articles 5, 6, 10, and 13. The convention also includes deterrent measures that criminalize various forms of traditional and non-traditional corruption acts. The United Nations Convention goes beyond merely criminalizing corruption-related crimes; it extends to obliging member states to criminalize and punish any public official who abuses their power and engages in trading influence for illicit gains. However, the convention, according to Article 17, limits the crime of embezzlement of public funds to national public officials, without any reference to foreign public officials or civil servants in international organizations. The study recommended the necessity of incorporating supervisory and executive measures into the United Nations Convention.

EU FDI Screening – Level Up in Multilevel Governance?

The current Union framework for the screening of foreign direct investment is about to be renewed. In January 2024, the Commission presented a proposal for a new Regulation that is supposed to bring about more convergence in the currently strongly fragmented national legislation landscape. The Proposal obliges Member States to introduce national screening mechanisms and tries to harmonise those by prescribing a minimum scope of application and a number of screening factors. The article gives an overview of the changes and tries to analyse in how far they can contribute to a more enhanced, effective screening exercise across the Union. In addition, the Proposal raises questions as to its conformity with primary law, in particular with regard to its appropriate legal basis and its relation to the free movement rules. By expanding FDI screening also to certain types of foreign-held intra-EU investment, a dichotomy between FDI screening and the freedom of establishment is created. The article thus tries to analyse how the Proposal can be reconciliated with the European Court of Justice’s (strict) case law on restrictions to the freedom of establishment.

Analysis of the new EU Adequate Minimum Wages Directive

Although under the Treaty on the Functioning of the European Union the EU does not have competence to set minimum wages (Article 153), the EU adopted a directive on an adequate minimum wage in 2022. The aim of the directive is to encourage the convergence of national minimum wages upwards, ensuring a decent standard of living in all EU countries. The purpose of this article is to analyse the actions included in the Directive and to assess the adequacy of its legal framework. Interest in the new EU minimum wage regulations stems from the ineffectiveness of the existing and temporarily 'paused' mechanism in Russia, which links the minimum wage to 42% of the median wage. In an explanatory memorandum to the law which reformed the minimum wage in Russia in 2021, the authors refer to the "European experience". An analysis of the new EU directive showed that although it is largely advisory in nature, the EU obliges member states to ensure a decent level of the minimum wage that can be calculated on the basis of 60% of the median gross wage or 50% of the average gross wage. In addition, the EU establishes the factors to be taken into account in determining the minimum wage: the purchasing power of the statutory minimum wage in relation to the cost of living; the general level of wages and their distribution; the rate of wage growth; long-term national productivity levels and its development.

GIS-based approach for optimizing biowaste collection services in rural small sized municipalities

Directive (EU) 2018/851 of the European Parliament and of the Council establishes the obligation for Member States to ensure, by 31 December 2023, that biowaste is separated and recycled at source or collected selectively. As this is a responsibility of the municipalities, studies to evaluate the best solutions and to ensure the rationality of the investments to be made to fulfill these objectives is of particular importance. Bearing in mind the new municipality’s responsibility, this article aims to demonstrate the applicability of GIS in supporting planning and decision of a new service provided to the population. The solutions found must be economically sustainable and feasible for small size municipalities, especially for those with no formal biowaste management system implemented and with reduced resources. It is therefore proposed an approach to analyze vehicle route optimization for the selective collection and transportation of biowaste in markedly rural municipalities with a strong forestry component, equating solutions that allow their recovery, as well as the promotion of the management of forest spaces. The Network Analyst extension of the ArcGIS® software was used to answer questions related to travel time route optimization, optimal location selection and definition of service areas. The analysis performed allowed to identify and evaluate the main factors that minimize the costs associated with the undifferentiated and selective collection and transportation of biowaste in the study area (Oleiros-Amieira parish, Portugal). It was determined the need to distribute the service through 3 different routes, as well as optimizing the location of a biomass plant fed by forest remnants deposited in community containers spread across the study area. Developing simpler and cost-effective instruments for reducing waste transport costs for small forest owners and municipalities, such as the proposed one, is essential to ensure a successful implementation of Directive (EU) 2018/851.

The Investigative Powers of the President of the Office of Competition and Consumer Protection and Directive (EU) 2019/1 of the European Parliament and of the Council: Selected Issues

Abstract Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018, to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market, obliges Member States to harmonize the law governing, amongst others, the powers of national competition authorities, including investigative powers. The Act aimed at the transposition of this directive was passed in Poland with a significant delay. This article analyses the provisions of the Act of 16 February 2007 on competition and consumer protection, in force on 4 February 2021 (the deadline for the transposition of Directive 2019/1), regulating the investigative powers of the president of the Office of Competition and Consumer Protection (UOKiK), and the changes in the relevant scope adopted by the Act of 9 March 2023 amending the Act on competition and consumer protection and some other acts. The research problem includes determining whether the regulations that were in force between 4 February 2021 and 20 May 2023 governing the investigative powers of the UOKiK president, in connection with proceedings for infringement of the prohibition of competition-restricting practices, were in line with the requirements of Directive 2019/1 and whether the abovementioned amendment act removed any existing discrepancies.

Uprawnienia opiekunów dzieci przyznawane przez pracodawców jako przejaw realizacji celów wynikających z dyrektywy 2019/1158

The rights of employees in relation to parenthood granted by employers as a manifestation of the achievement of the objectives of Directive 2019/1158 Directive 2019/1158 obliges Member States to facilitate the reconciliation of work and family life for workers. This task can be carried out directly by the state as well as by employers. In the first case, it is necessary to issue laws. On the other hand, employers can help employees in the implementation of childcare through collective labour agreements, regulations and the so-called soft law. The information contained in the article is based on the research conducted by the author together with Barbara Godlewska-Bujok on the rights of employees in relation to parenthood granted by employers.

“Systemic Violations” in EU Asylum Law: Cover or Catalyst?

AbstractThe concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, apart from exceptional cases. In this context, the principle sets the standard from when the presumption of legality is rebutted. In its conceptualisation and application, it is in tension with European human rights law, and, for a period, set up frictions between the CJEU (in NS/ME and Opinion 2/13) and the ECtHR (in MSS and Tarakhel). This tale of judicial frictions is not merely of historical interest. Its legacy is, we conclude, a thin concept of systemic breach, characterised by an over-individualized approach to assessing the human rights risks. The second role for the concept of systemic violations relates to embedded violations, including at the EU’s external borders. We demonstrate the utility of this other invocation, in particular as systemic breaches often signal deeper rule of law issues both within particular national systems and embedded within the Common European Asylum System (CEAS). We illustrate that the CEAS itself brings about systemic human rights violations. Identifying and responding to the “systemic” in asylum increasingly relates to the credibility of the EU as a Union based on the respect for fundamental rights and the rule of law.

RENEWABLE ENERGY SOURCES IN THE EU – CURRENT STATE OF USAGE AND IMPORT DEPENDENCY

European Union countries consumed in 2020 more energy than they produced themselves. Onlyits part was obtained from renewable sources (14.4%). Because of this, the Community focuses itsactivities largely on energy, where it is produced and the level of its consumption. To this purpose,through tools such as EU directives, it obliges Member States to reduce the energy they consume,as well as to increase the share of renewable sources in energy production. The paper analyses theenergy and climate targets for the European Union, particularly those for renewables and energyefficiency, for the oncoming years. In addition, the consumption and production of energy fromrenewable sources of each country was summarized. Only Sweden and Latvia have been shownto consume more than 50% of their energy from renewable sources. On the other hand, about58% of the EU’s consumed renewable energy in 2020 comes from biofuels and renewable waste.The countries’ dependence on energy imports is also apparent, but that from renewable sourcesusually does not account for a large share. It has also been shown that sixteen of the twenty-sevencountries import more than 50% of their energy needs.

The impact of BLER on the corporate activity in the UE

Motivation: Since the 1970s, there has been recorded a significant scope of the employee representation in corporate governance bodies, as the earlier German solutions have been popularized in many European countries. Since then, there has been a discussion about the impact of this representation on the activities of companies, their economic results, their value, etc. The research conducted on this subject does not provide a clear answer on this topic.Aim: The article aims to determine the impact of board level employee representation (BLER) on the activities of companies. The latest findings in this area, based on the results of empirical research shall be considered. New types of BLER impact on the value of companies in various phases of the business cycle and on preventing tax avoidance shall be presented. The objective of the article is also to provide the governments of particular countries with additional arguments in favour of introducing or expanding the institution of employee representation. In the longer term, these arguments should encourage the EU authorities to try to develop and adopt a directive on this subject, obliging member states to introduce or extend BLER.Results: The controversy over the influence of BLER on the company’s operations has not diminished. However, taking into account the entirety of such an impact (ideological, economic and social results), there has been an increasing number of arguments in favour of a positive assessment of such an impact. They are provided by the latest, extensive empirical research conducted on this subject, covering several dozen countries. They indicate that BLER has a positive effect on the stabilization of the company in times of economic downturn (recession), that it affects the adoption of a long-term development strategy by companies, etc. The research also shows that representation of the employees in boards prevents companies from tax avoidance. Its effectiveness correlates with the scope of such representation.