scholarly journals Current issues and development tendencies of the right to a healthy environment in the EU law

2021 ◽  
Vol 55 (1) ◽  
pp. 185-204
Author(s):  
Bojan Tubić ◽  
Stefan Radojčić
Keyword(s):  
Legal Framework ◽  
Special Importance ◽  
Eu Law ◽  
Healthy Environment ◽  
The Usa ◽  
Development Goals ◽  
The Right ◽  
The Eu

In the light of current global tendencies and a concern for the issue of environmental protection, this paper aims to provide an analysis of most important issues in this field, within the EU Law. Elements of the right to a healthy environment are systematically regulated in the communitarian law. First, there is a long-standing normative activity of these issues, which in the last two years resulted in the adoption of new strategic documents. Second, jurisprudence of the ECJ has also followed development of the legislation, as well as circumstances in which those documents have been applied. Therefore, special attention is drawn to the newly-adopted general acts, created with long-term aims, and based on normative and factual experience over past decades. Its purpose is to achieve sustainable development goals in a multidimensional manner. Furthermore, an analysis of selected judgments of the ECJ shows the efficiency in application of relevant regulations and directives. Moreover, the interpretation of the EU law is of special importance, where the ECJ has a significant role. With regard to the universal character of this topic, the paper provides a short overview of the relevant legal framework in the USA, Norway and Serbia. Negotiations on the joining the EU imply the harmonization of domestic law with the standards of the communitarian law. By observing the Serbian environmental legal framework, it could be said that there is determination and concrete measures in the process of harmonization. On the basis of previously mentioned issues, authors structured the paper and aspects of the research contained therein, followed by the conclusions provided in the final chapter.

The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

scholarly journals LAW AND ECONOMY IN THE CONTEXT OF THE NEW PANDEMIC EMERGENCY: THE ECHR LEADING CASE MARCELLO VIOLA V. ITALY AND THE EU LAW

2021 ◽  
pp. 56-64
Author(s):  
M. Antinucci
Keyword(s):  
Industrial Production ◽  
Legal Framework ◽  
Right To Health ◽  
Eu Law ◽  
Political Position ◽  
The Right ◽  
The Eu

The analysis of the most recent Eurostat data shows that in March 2020 industrial production in the 19 countries of the Eurozone recorded a historical slump, decreasing by 11.3 % compared to February and by 12.9 % compared to a year earlier. The COVID-19 health emergency has led to the urgent need to take a political position on the right to health of prisoners in Italian prisons. The UE legal framework will therefore have to comply with the decision of the ECHR Marcello Viola v. Italy on “the right to hope”, jurisprudence that does nothing more than reaffirm the primacy of UE jurisprudence over national jurisprudence, even in the pandemic emergency context.

scholarly journals Upcoming legal challenges for cross-border e-health services in the EU

2020 ◽  
pp. 86-97
Author(s):  
Rūta Janeckaitė
Keyword(s):  
Health Professionals ◽  
Legal Framework ◽  
Eu Law ◽  
Paper Briefly ◽  
Cross Border ◽  
Legal Challenges ◽  
Ehealth Services ◽  
The Right ◽  
Movement Angle ◽  
The Eu

The paper briefly describes the current EU legal framework in the healthcare field and assess to which extent it could apply to the provision of cross border eHealth services. In particular, it analyses the provision of such services from the free movement angle, i.e. whether EU law guarantees to health professionals access to and exercise of activiti es in the 3rd type of situations, as well as whether the insured persons have the right to reimbursement of costs of such healthcare from their social security system.

The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286 ◽  
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

Sanctions of the USA and the Policy of Bank of Russia:double Blow to the National Economy

2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev
Keyword(s):  
National Security ◽  
Economic Sanctions ◽  
Capital Flight ◽  
Practical Advice ◽  
The Us ◽  
Monetary Authorities ◽  
The Usa ◽  
Simultaneous Adoption ◽  
The Eu

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.

scholarly journals EU Labor Market Inequalities and Sustainable Development Goals

2021 ◽  
Vol 13 (5) ◽  
pp. 2675
Author(s):  
Elena Jianu ◽  
Ramona Pîrvu ◽  
Gheorghe Axinte ◽  
Ovidiu Toma ◽  
Andrei Valentin Cojocaru ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Labor Market ◽  
Policy Issue ◽  
Policy Makers ◽  
Public Policy Issue ◽  
Development Goals ◽  
To Come ◽  
Business Practitioners ◽  
The Eu

Reducing inequalities for EU citizens and promoting upward convergence is one of the priorities on the agenda of the European Commission and, certainly, inequality will be a very important public policy issue for years to come. Through this research we aim to investigate EU labor market inequalities, reflected by the specific indicators proposed for Goal 8 assumed by the 2030 Agenda for Sustainable Development, based on cluster analysis for all the 27 Member States. The research results showed encouraging results from the perspective of convergence in the EU labor market, but also revealed a number of analyzed variable effects that manifested regional inequalities that were generated in the medium and long term. Based on the observations made, we want to provide information for policy-makers, business practitioners, and academics so as to constitute solid ground for identifying good practices and proposing to implement policies aimed at reducing existing inequalities and supporting sustainable development.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals From social regulation of competition to competition as social regulation: transformations in the socioeconomic governance of the European Union

2017 ◽  
pp. 53-68 ◽  
Author(s):  
Antonios Roumpakis ◽  
Theo Papadopoulos
Keyword(s):  
Industrial Relations ◽  
Social Regulation ◽  
The European Union ◽  
Wage Setting ◽  
Regulatory Changes ◽  
European Court ◽  
The Right ◽  
New Procedures ◽  
The Eu

This chapter studies the character of contemporary socioeconomic governance in the EU. It draws on empirical evidence capturing the type and extent of regulatory changes in the fields of industrial relations, corporate governance, and the coordination of macro-economic policy in the EU. The effects of these changes are long term, cumulative, and mutually reinforcing and should be seen as integral elements of a relatively coherent project to establish a form of transnational polity in Europe that privileges competition as its regulatory rationale. Indeed, the European Court of Justice (ECJ) has been institutionally prioritising market freedoms and competition over labour rights, and especially the right to collective action in an emerging transnational regulatory field in the EU. Meanwhile, the new procedures of European macro-economic coordination construe national wage setting, collective bargaining institutions, and, more generally, social policy as adjustment variables serving primarily the purpose of promoting or restoring member states' economic competitiveness.

scholarly journals Reliance on long-term care as a “new” social risk in national and EU law

2020 ◽  
Vol 123 ◽  
pp. 87-101
Author(s):  
Grega Strban ◽  
Sara Bagari
Keyword(s):  
Life Expectancy ◽  
Social Protection ◽  
Long Term Care ◽  
Social Risk ◽  
Eu Law ◽  
Term Care ◽  
The Social ◽  
Different Parts ◽  
The Eu

There have always been people who cannot take care of their daily needs and are reliant on care. However, due to higher life expectancy and low birth rates, changes in lifestyle and increased mobility, reliance on long-term care is becoming a general risk in life. Therefore, it must be provided with social protection. In this respect, the criteria for shaping the (new) social risk of reliance on long-term care are also fulfilled. Although different benefits are already provided within different parts of the social security system, the paper discusses that the best option is to define reliance on long-term care as an independent social risk. Furthermore, we must ensure that providing long-term care will not turn out to be a double social risk. The issue has to be addressed at the national and at the EU level.

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