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Legal basis and practical dimensions of humanitarian aid and civil protection provided by the European Union 欧洲联盟提供的人道主义援助和民事保护的法律基础和实际层面
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.01.03
Magdalena Lesińska-Staszczuk
The article focuses on presenting the legal basis and practical dimensions of humanitarian aid and civil protection provided by the European Union in the face of world`s contemporary problems. The humanitarian aid and civil protection provided by the European Union is based on a solid legal foundation, as well as a set of concrete principles and common objectives. In the context of ever-increasing humanitarian needs and limited resources, the EU, together with its Member States and humanitarian partners, will seek a more coordinated and coherent approach to providing help, where humanitarian aid and development aid are interrelated, allowing current needs to be more efficiently addressed. EU-funded assistance is delivered in different forms, depending on the circumstances and unique character of each emergency. What remains the same, however, are the values that guide the Union and that are required from its aid partners, i.e.: humanity, neutrality, impartiality, and independence. The European Union continues to be a leader in the field of humanitarian aid around the world, being not only the main donor, but also setting standards for compliance with international humanitarian law and humanitarian principles.
本文着重介绍欧洲联盟在面对当代世界问题时提供的人道主义援助和公民保护的法律依据和实践层面。欧洲联盟提供的人道主义援助和公民保护是建立在坚实的法律基础以及一套具体原则和共同目标的基础上的。在不断增加的人道主义需求和有限的资源的背景下,欧盟及其成员国和人道主义合作伙伴将寻求一种更加协调一致的方式来提供帮助,其中人道主义援助和发展援助是相互关联的,从而使当前的需求得到更有效的解决。欧盟资助的援助以不同的形式提供,视情况和每个紧急情况的独特性质而定。然而,指导欧盟的价值观和援助伙伴所要求的价值观是不变的,即:人道、中立、公正和独立。欧洲联盟继续是世界各地人道主义援助领域的领导者,它不仅是主要捐助国,而且还为遵守国际人道主义法和人道主义原则制定标准。
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引用次数: 0
Green innovations in Georgia and Poland: Comparative Analysis – Selected Issues 格鲁吉亚和波兰的绿色创新:比较分析-选择问题
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.01.05
Mariam Ghubianuri, Karolina Zapolska
This article analyses the concept of green innovations. This concept is based on the premise that economic activities should focus on the search for more efficient use of resources. Green innovations are a form of innovation aiming at reducing the negative impact of products and production processes on the environment. The aim of the article is to highlight some of the problematic areas in the way the legal systems of Poland and Georgia treat green innovations. In both analyzed countries, green innovations, are the part of the law that is still forming and its application lacks clarity and consistency. This paper also provides a comparison of the green innovations in Polish and Georgia which allows detection of similar or different solutions in the area of animal protection. The paper also shows the normative solutions in this area. The study of the outlined problems was mainly based on the comparative, dogmatic, and legal method. The article finishes with synthetic conclusions.
本文分析了绿色创新的概念。这一概念的前提是,经济活动应集中于寻求更有效地利用资源。绿色创新是一种旨在减少产品和生产过程对环境的负面影响的创新形式。这篇文章的目的是强调波兰和格鲁吉亚的法律体系对待绿色创新的方式中存在的一些问题。在这两个被分析的国家中,绿色创新是仍在形成的法律的一部分,其应用缺乏明确性和一致性。本文还对波兰和格鲁吉亚的绿色创新进行了比较,以便在动物保护领域发现相似或不同的解决方案。文章还提出了这方面的规范解决方案。对概述问题的研究主要基于比较法、教条法和法律法。文章以综合结论结束。
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引用次数: 0
New-Generation Trade Agreements and Their Importance to Trade Relations Between European Union and Third Countries – Vietnam Case 新一代贸易协定及其对欧盟与第三国贸易关系的重要性——越南案例
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.01.02
M. Czermińska
This work aims to show key provisions and importance of new-generation trade agreements made by the European Union on the example of the agreement with Vietnam. Empirical research centred around an agreement signed between the EU and Vietnam, which is the third new-generation trade agreement entered into by the EU with an Asian country, following an agreement with the Republic of Korea and Singapore. The agreement with Vietnam introduced liberalisation covering almost the entire mutual trade (goods), also providing for the liberalisation of services and eliminating certain non-tariff barriers. Due to a word limit applicable to this article, the research into the importance of the agreement to the EU-Vietnam trade relations was limited mainly to trade in goods. Having considered the fact that relatively too short period of time has elapsed since the entry into force of the agreement, it is not possible to comprehensively assess its importance to bilateral trade relations, especially in a long-term perspective. Such research should be continued in the future. In particular, this concerns research into the effects of liberalisation of mutual trade after the end of transition periods applicable to the elimination of barriers to trade – seven years for the European Union and ten years for Vietnam respectively. Following more than a year since the signature of the agreement, it can be claimed that the EU’s imports from Vietnam have increased considerably, which not only led to the greater negative balance of mutual trade, but also resulted in greater trade volumes for selected goods, and consequently, this may entail the elimination of certain barriers to mutual trade on the entry into force of the agreement. In this article, a descriptive and comparative method was employed, domestic and foreign literature sources were used and the provisions of the EU-Vietnam agreement and legal acts of the EU secondary legislation in the form of regulations were referred to.
这项工作旨在以欧盟与越南的协议为例,展示欧盟新一代贸易协定的关键条款和重要性。实证研究围绕欧盟与越南签署的一项协议展开,这是继与韩国和新加坡签署协议后,欧盟与亚洲国家签署的第三项新一代贸易协议。与越南的协定实行了几乎涵盖整个相互贸易(货物)的自由化,也规定了服务自由化和消除某些非关税壁垒。由于篇幅限制,本文对该协定对欧越贸易关系重要性的研究主要局限在货物贸易方面。考虑到该协定生效的时间相对较短,不可能全面评价其对双边贸易关系的重要性,特别是从长远的角度来看。今后应继续进行这样的研究。这尤其涉及对适用于消除贸易壁垒的过渡期结束后相互贸易自由化的影响的研究- -欧盟为7年,越南为10年。自协议签署一年多以来,可以说欧盟从越南的进口大幅增加,这不仅导致了相互贸易的更大负平衡,而且还导致了选定商品的更大贸易额,因此,这可能需要在协议生效后消除相互贸易的某些障碍。本文采用描述性和比较法,运用国内外文献资料,参考欧盟-越南协定的规定和欧盟二级立法中以法规形式存在的法律行为。
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引用次数: 0
Approval procedure for active substances in plant protection products - doubts of scientific certainty as a source of controversy. Analysis of systemic imperfections on the example of glyphosate 植物保护产品中活性物质的批准程序-对科学确定性的怀疑是争议的来源。以草甘膦为例的制度缺陷分析
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.01.04
Anna Gembicka, J. Farhan
The purpose of this article is to examine the causes of recurring doubts regarding the safety of plant protection products used in the European Union. Plant protection products are a particular subject of regulation. All standards concerning them require prior in-depth scientific research in the field of exact sciences. Achieving adequate safety of humans, animals and the environment in connection to the use of plant protection products requires not only good law, but a law based on representative research and scientific certainty. Bearing in mind the above, the authors undertook an analysis of what seems to be the cause of significant social doubts as to the actual achievement of the purposes of Regulation 1107/2009, i.e. inclusion of scientific research in the procedure of approval of active substances in plant protection products. First, the approval procedure for the active substance of the plant protection product was presented, and then the main shortcoming of the procedure was analyzed on the example of the approval of glyphosate. In the authors' opinion, guidance documents on literature review should be revised to reflect the best scientific practice, and their standards should be enforced, in particular, to ensure that there is no doubt about the objectivity of the literature review.
这篇文章的目的是检查关于在欧盟使用的植物保护产品的安全性的反复怀疑的原因。植物保护产品是一个特殊的监管对象。所有与之相关的标准都需要事先在精确科学领域进行深入的科学研究。在使用植物保护产品方面实现人类、动物和环境的充分安全不仅需要良好的法律,而且需要基于代表性研究和科学确定性的法律。考虑到上述情况,作者对第1107/2009号法规目的的实际实现进行了分析,即在植物保护产品中活性物质的批准程序中纳入科学研究,这似乎是造成重大社会疑虑的原因。首先介绍了植保产品原料药的审批程序,然后以草甘膦的审批为例,分析了审批程序中存在的主要缺陷。作者认为,文献综述的指导性文件应进行修订,以反映最佳的科学实践,并应执行其标准,特别是要确保文献综述的客观性不存在任何疑问。
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引用次数: 0
Legal aspects of green-branding 绿色品牌的法律方面
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.02.05
Magdalena Rutkowska-Sowa, Paweł Poznański
Trade mark law reflects economic and social trends. With the shift towards an economy based on sustainable development, the rise of environmental awareness among consumers, and the growing popularity of eco-marketing, marks containing indications such as „green”, „eco” or „bio” appear increasingly on the market. Such labels can inform and assist consumers in purchasing products that comply with the eco-requirements, strengthen the competitiveness of producers by promoting the least environmentally damaging products, offering higher quality products, and consequently encouraging both parties to act in an eco-friendly manner. Their registration is possible, but more difficult than for „classic trade marks” submitted for protection before the patent offices. This text is intended to provide an overview of the registration requirements of so-called „green trade marks”. The study mainly used the formal-dogmatic method. Based on an analysis of the European Union Intellectual Property Office practice and the judgments of the Court of Justice of the European Union, authors indicate the applicable interpretation of EU trade mark law. They analyze binding restrictions taking into account the interests of both individual market players and the public. This issue has not yet been commented on by the doctrine. Eco-labels and symbols, which can be used by entities meeting criteria that are defined by certification bodies are outside the scope of this review.
商标法反映了经济和社会的发展趋势。随着经济向以可持续发展为基础的转变,消费者环保意识的提高,以及生态营销的日益普及,市场上越来越多地出现“绿色”、“生态”或“生物”等标志。这些标签可以告知和帮助消费者购买符合生态要求的产品,通过推广对环境破坏最小的产品,提供更高质量的产品,增强生产者的竞争力,从而鼓励双方以环保的方式行事。它们的注册是可能的,但比向专利局提交保护的“经典商标”要困难得多。本文旨在概述所谓的“绿色商标”的注册要求。本研究主要采用形式教条的方法。在分析欧盟知识产权局实践和欧盟法院判决的基础上,提出了欧盟商标法的适用解释。他们在分析约束性限制时,考虑了市场参与者和公众的利益。该学说尚未对这个问题作出评论。符合认证机构定义的标准的实体可以使用的生态标签和符号不在本次审查的范围之内。
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引用次数: 0
Energy security in Poland – transformation and role of nuclear energy 波兰的能源安全——核能的转型和作用
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.02.06
Piotr Betkowski
Currently, Poland is facing the challenge of energy transformation towards a zero-emissional energy system. In this article author presents basic assumptions of Poland’s energy security system. Moreover, a particular focus is set on replacement of coal power plant, which are currently a fundament of Polish electricity production system. Therefore, in this article is examined a several aspects of transformation of national energy mix with analise of nuclear energy as a potentially significant part of future energy security fundament. This article also presents the possibilities of implementing various types of nuclear power facilities, as well as de lege lata and de lege ferenda postulates in the Polish nuclear law.
目前,波兰正面临着向零排放能源系统转型的挑战。本文提出了波兰能源安全体系的基本设想。此外,还特别注重取代目前作为波兰电力生产系统基础的燃煤电厂。因此,本文考察了国家能源结构转型的几个方面,并分析了核能作为未来能源安全基础的潜在重要组成部分。本文还介绍了实施各种类型核电设施的可能性,以及波兰核法中的法律规定和法律规定。
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引用次数: 0
Crime against the natural environment – ecocide – from the perspective of international law 从国际法的角度看危害自然环境罪——生态灭绝
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.02.01
Maciej Nyka
Deep, human induced, environmental changes become a global danger for the whole population. A form of reaction to those dangers as well as possibility of reversing the risks can be a deeper insight into the legal instruments of environmental liability – including the criminal liability for environmental harm. While national legal systems seem to succeed in introducing instruments of criminal liability of environmental crimes, the international law seems not to follow this trend. It is even hard to specify what constitutes the environmental crime according to international law. The evolution of international law in this field has shown many and unsuccessful attempts to bring environmental crimes into the catalogues of crimes recognized by international law. The most promising fora for identification of international crimes against environment seems to be the International Criminal Court (ICC). Potential use of ICC for identification and effective realization of criminal liability of environmental damage has however its limits.
人类引起的深刻的环境变化成为全人类面临的全球性危险。对这些危险作出反应的一种形式以及扭转风险的可能性可以是对环境责任的法律文书- -包括对环境损害的刑事责任- -有更深入的了解。虽然国家法律制度似乎成功地引入了环境犯罪的刑事责任文书,但国际法似乎没有遵循这一趋势。在国际法上,甚至很难界定什么是环境犯罪。国际法在这一领域的演变表明,将环境犯罪纳入国际法承认的罪行目录的许多不成功的尝试。查明危害环境的国际罪行最有希望的论坛似乎是国际刑事法院。然而,国际刑事法院在环境损害刑事责任认定和有效实现方面的潜在应用有其局限性。
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引用次数: 0
Tasks of state administration and local government in the management of illegally disposed waste in the Slovak Republic 斯洛伐克共和国国家行政当局和地方政府在管理非法处置废物方面的任务
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.02.03
Radomír Jakab
The paper deals with the legal requirements for the procedure of local self-government entities (municipalities, cities) and state administration bodies at the local level in case of detection of illegally placed waste. The article also outlines how the person responsible for illegal dumping is identified, what is done if such a person is not identified and how those who have placed waste in black dumps can be punished. The author also points out in this paper the application problems in the application of the legal procedure for dealing with illegally placed waste, the lack of definition of competences between the subjects of local self-government and state administration bodies, as well as proposes certain changes to the legal regulation, which would be possible to eliminate the alleged application problems.
该文件涉及地方自治实体(市、市)和地方一级国家管理机构在发现非法放置的废物时程序的法律要求。文章还概述了如何确定非法倾倒的责任人,如果没有确定责任人该怎么做,以及如何惩罚那些将垃圾倾倒在黑色垃圾场的人。本文还指出了非法处置垃圾法律程序适用中的适用问题、地方自治主体与国家行政机关之间权限界定不清等问题,并提出了对法律规制进行修改的建议,以期消除所谓的适用问题。
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引用次数: 0
Prerequisites for cooperation between self-government and state administration in the construction sector of the Slovak Republic in the light of the new legislation 根据新的立法,斯洛伐克共和国建筑部门的自治政府和国家行政当局之间进行合作的先决条件
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.02.04
E. Marišová, R. Štěpánková, Matúš Michalovič, Ivana Lichnerová, M. Mariš, Michal Cifranič, Jana Ďurkovičová
Competences in the construction sector of the Slovak Republic (SR) under the current legislation are exercised at the local level of the state both by institutions of local self-government (municipalities) and state administration (district offices). The building authorities with the authority to decide on building permits are currently the municipalities to which the state has delegated building competences by Act No. 50/1976 Coll. on spatial planning and building regulations, as amended. However, the new construction legislation, effective from 1.4.2024, leads to a retroactive transfer of construction competences from municipalities to the state, to the newly created regional construction authorities. The long-awaited change in the legislation in the field of building regulations is expected to shorten the permitting processes and improve the functioning of building authorities. Municipalities will carry out the spatial planning, but the issuance of decisions on construction will be the responsibility of the state. The research presented in the paper, conducted through guided interviews with municipalities and district authorities in two selected regions of the SR, demonstrated the lack of state preparedness for the operation of the new state policy in the construction sector. We have come to a similar conclusion by theoretical analysis of the opinions of domestic and foreign authors. Optimal functioning of cooperation between state and local authorities would be possible with future legislative adjustments to the redistribution of construction proceedings between state and local self-government.
根据现行法律,斯洛伐克共和国建筑部门的职权由地方自治机构(市)和国家行政机构(区办事处)在国家地方一级行使。目前,有权决定建筑许可的建筑当局是国家根据第50/1976 Coll号法案授予建筑权限的市政当局。关于空间规划和建筑法规的修订。然而,从2024年4月1日起生效的新建筑立法将导致建筑权力从市政当局追溯转移到国家,再转移到新成立的地区建筑当局。期待已久的建筑法规领域的立法变化预计将缩短许可程序并改善建筑当局的运作。市政当局将进行空间规划,但发布建设决定将由国家负责。本文通过对SR两个选定地区的市政当局和地区当局进行的指导访谈进行的研究表明,国家缺乏对建筑部门新国家政策运作的准备。通过对国内外作者观点的理论分析,我们也得出了类似的结论。州和地方当局之间合作的最佳运作将随着未来对州和地方自治政府之间建设程序再分配的立法调整而成为可能。
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引用次数: 1
The competitiveness of manufacturing in Poland and the other V4 countries against the backdrop of digital transformation challenges 波兰和其他V4国家在数字化转型挑战背景下的制造业竞争力
Pub Date : 2022-01-01 DOI: 10.15290/eejtr.2022.06.01.01
Edward Molendowski, Kinga Nawracaj-Grygiel, Marta Ulbrych
Competitiveness is most frequently defined as an economy’s ability to cope with international competition and to ensure high employment and returns on production factors employed. Considering the importance of manufacturing in the economies of the Visegrad (V4) countries, is seems justified to examine the competitiveness of the economic sector, particularly in the perspective of the ongoing digital transformation. The article aims to present research findings regarding developments in the competitive position of manufacturing in Poland as compared to the V4 countries and to identify those countries’ preparedness for implementing changes resulting from the assumptions of the Industry 4.0 concept. The most significant inferences to be drawn from the analysis are discussed in the Conclusions section. Although the issue of competitiveness has been addressed by various economists and scholars, the existing body of publications still lacks investigations of manufacturing and the Visegrad countries. The analysis presented attempts to fill in the gap in that regard.
竞争力通常被定义为一个经济体应对国际竞争和确保高就业率和所用生产要素回报的能力。考虑到制造业在维谢格拉德(V4)国家经济中的重要性,研究经济部门的竞争力似乎是合理的,特别是从正在进行的数字化转型的角度来看。本文旨在介绍与V4国家相比,波兰制造业竞争地位发展的研究结果,并确定这些国家为实施工业4.0概念假设所带来的变化所做的准备。从分析中得出的最重要的推论将在结论部分进行讨论。尽管许多经济学家和学者讨论了竞争力问题,但现有的出版物仍然缺乏对制造业和维谢格拉德国家的调查。分析表明试图填补这方面的空白。
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引用次数: 0
期刊
Eastern European Journal of Transnational Relations
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