The application of European Union law in criminal matters has raised numerous discussions in domestic law. The priority application of European Union law raised the issue of guaranteeing fundamental ...human rights and freedoms if the internal standard is higher than the European Union standard. The jurisprudence of the Court of Justice of the European Union has established in numerous cases the priority nature of European Union law over domestic law.
Given the specifics of the specialization "International Relations and European Studies" and therefore the typical needs of students enrolled in this study program, I considered it necessary to ...conceive and publish a university course support specially designed for them. Thus, the teaching material prepared for the discipline EUROPEAN UNION LAW ensures for the second-year students the acquisition of professional skills such as
Why Noncompliance traces the history of noncompliance within the European Union (EU), focusing on which states continuously do or do not follow EU Law, why, and how that affects the governance in the ...EU and beyond. n exploring the EU's long and varied history of noncompliance, Tanja A. Börzel takes a close look at the diverse groups of noncompliant states throughout the EU's existence. Why do states that are vocally critical of the EU have a better record of compliance than those that support the EU? Why has noncompliance been declining since the 1990s, even though the EU was adding member-states and numerous laws? Börzel debunks conventional wisdoms in EU compliance research, showing that noncompliance in the EU is not caused by the new Central and Eastern European member states, nor by the Eurosceptic member states. So why do these states take the brunt of Europe's misplaced ire? Why Noncompliance introduces politicization as an explanatory factor that has been long overlooked in the literature and scholarship surrounding the European Union. Börzel argues that political controversy combined with voting power and administrative capacity, explains why noncompliance with EU law has been declining since the completion of the Single Market, cannot be blamed on the EU's Central and Easter European member states, and is concentrated in areas where EU seeks to protect citizen rights.
Justicia y seguridad jurídica son dos caras de una misma moneda; dos anhelos que se complementan. Pese a ello, en supuestos ciertamente excepcionales es preciso optar por dar prevalencia a uno de ...ellos. Es decir: dar prioridad a la seguridad jurídica y en consecuencia no permitir que pueda modificarse lo decidido con fuerza de cosa juzgada, pese a tener constancia de que en dicha resolución no se ha respetado lo dispuesto en normas imperativas; o bien dar prioridad al principio de justicia y admitir que, en dichas hipótesis, la cosa juzgada no debe prevalecer. En esta difícil disyuntiva, en la que pueden esgrimirse destacados argumentos en favor de ambas posiciones, el Tribunal de Justicia de la Unión Europea ha optado en diferentes resoluciones por dar prevalencia al derecho comunitario europeo y, por tanto, hacer prevalecer los derechos reconocidos a los particulares en dicha normativa, lo que obliga a reflexionar sobre los efectos inherentes a las sentencias judiciales y el verdadero sentido de la llamada cosa juzgada material.
In recent decades, there has been a massive incorporation of women into the labor market. However, the belief that certain jobs or business functions can be performed better by people of one gender ...than the other has not allowed for widespread changes in the business culture to achieve effective equality between women and men in companies. Examples of this are unequal access to employment, vertical and horizontal segregation in occupations, wage discrimination, problems in reconciling personal and professional life, or difficulties in accessing management positions in companies (glass ceiling). Other determinants of gender inequalities have been long working hours, as well as the presence of employees, characteristic of European business culture. The progress achieved to date began with the incorporation of women into the labor market under unequal conditions that soon called for the need to establish a regulatory framework to try to eradicate them. The legal status of women in Europe has undoubtedly improved as a result of the development of European regulations, which have been binding in the development of business policies in the Member States and have succeeded in modifying the organizational climate through proposals such as the development of Equality Plans or salary audits. Examples of the most recent legislative initiatives of the European Union on equality that affect business practices are Directive 2022/2041/EC on adequate minimum wages in the European Union or Directive 2022/2381/EC on a better gender balance among directors of listed companies. This study attempts to systematize the changes in the legislation on effective equality between men and women in business and to analyze its effect on organizational culture through the information available in the statistics on gender equality-mainly from the European Union-which gather quantitative and qualitative information on the adaptation of business culture to the new legal framework and the overcoming of gender stereotypes that have been guiding business management in the last decade.
Quinoa is known in the EU as superfood due to the high level of protein, fibre, micronutrients, and amino acids. It is come from South America; however, quinoa is currently grown in various parts of ...the world. Nevertheless, the domestic continent, especially countries such as Peru and Bolivia, is one of the world’s largest producers and exporters of quinoa. One third of Peru’s quinoa production is imported to European Union. Despite the conclusion of an agreement with Peru and Bolivia that eliminated quinoa tariffs, there are many legal regulations of the EU that affects import of quinoa into the EU countries including the food safety and quality, food labelling, organic labels and nutrition and health claims, food packaging and shipment. The article deals with the most important EU legal norms of quinoa imports that must be complied with when importing quinoa.
The creation of a single market in Europe, conceived as the application of the so-called four freedoms (goods, services, capital and manpower) of movement was in vogue in the 1990s. What has happened ...to this dream? At the time not only business communities but also consumer associations, and even labour unions were all in favour of opening their national economies to the winds of continental competition. Three decades after, some national communities seem to have turned their backs on the free movement of people. The case of Eastern European immigrants settling for work in the UK after 2004 comes to mind, something which arguably was one of the main reasons for the Brexit vote in 2016. The issue could again become the focus of populist governments or parties (e.g., in Italy, France, Sweden, Austria, Hungary or The Netherlands), should the danger of an EU-wide recession or an idiosyncratic crisis in one of the poorest member states (MSs) materialize. Actually, a new intensification of intra-EU migration flows could be one of the outcomes of the unravelling of supply chains as a result of the COVID epidemic and geopolitical considerations, such as the EU’s wish to diminish trade dependence from China and Russia. The ground is slowly eroding under the feet of those adamant to cling to the free movement of people as part of the acquis. The EU Commission should give thought, before it is too late, about the fourth freedom particularly in view of future EU enlargements.
El almacenamiento de datos personales no pone en peligro solo el denominado derecho individual a la privacidad, sino que afecta a un espectro social y político más amplio, relacionado con la salud de ...la vida democrática. Frente a la visión soberanista china y a la idea segmentada y mercantilista estadounidense de seguridad digital, la Unión Europea va proponiendo en esta última década una concepción estrechamente ligada a la jurisprudencia del TJUE en torno a la esencia del derecho fundamental a la identidad digital. Este estudio aborda los aspectos esenciales de la protección de datos en la nueva globalización, diseñando un cuadro estratégico donde tanto dentro del territorio de la Unión como fuera de ello las instituciones comunitarias han de dialogar necesariamente sobre el alcance de los derechos fundamentales.