C (Theory of EU Civil Procedure)

Izarova, Iryna

doi:10.2139/ssrn.2916584

Cited by 3 publications

(3 citation statements)

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“…This, however, does not imply the convergence of the national law of the EU member states, although some authors hold the opposite opinion. 26 The Europeanisation of law is often reduced to the multi-centrism of the sources of law, the plurality of bodies interpreting it and jurisdictions, which creates specific problems both for the bodies that interpret and apply EU law and for the subjects of this law. But, in our opinion, Europeanisation should be considered more broadly, including in its content the impact of EU law on national legal cultures and legal awareness (scientific, professional and public), since success depends on the effectiveness of changes in this segment of the national legal system: a) perception of new paradigms, styles, a common system of values and beliefs, which are defined and consolidated for the first time in the political process of the EU, and therefore need to be included in the logic of the development of national legislation, the formation of identities, and the implementation of public policy; b) alignment of domestic policies and institutions with their European counterparts; c) conducting negotiations of national authorities with EU institutions; d) effectiveness of adaptation of national legislation to EU legal standards; e) improvement of law enforcement activities.…”

Section: Europeanisation As a Phenomenon Of European Integrationmentioning

confidence: 99%

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Lomaka¹,

Yakoviyk²,

Bilousov³

2023

AJEE

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Background: The nature of the European Union (EU) as a global actor has long been the subject of diverse academic debates. Proponents of an understanding of the EU as a normative force believe that its greatest transformative power lies not in coercion but in a policy of enlargement that allows the EU to stimulate reforms in the candidate countries of the Central and Eastern European region, despite the crisis of enlargement. The aim of the article is to study the impact of the Europeanisation process on the legal systems of member states and candidate countries, in particular Ukraine, as well as the formulation of proposals for national institutions regarding the perception of the ‘Europeanisation’ impact of EU law on the legal system of Ukraine. Methods: The methodological basis of the work is interdisciplinary and comprehensive approaches. The interdisciplinary approach is based on the application of theoretical developments in jurisprudence, philosophy, political science, and the theory of international relations, which make it possible to study the process of Europeanisation in relation to member states and candidate countries as fully and comprehensively as possible. The comprehensive approach is aimed at identifying the multifaceted and multifactorial ontological determinants of the Europeanisation process of legal systems. These approaches determined the choice of appropriate general theoretical and special scientific methods: hermeneutic, dialectical, analysis, synthesis, etc. Results and Conclusions: As a result of the study of the political will, capacity, and legitimacy of the EU to defend the values proclaimed in the founding treaties, in cases of violations of the regulations of the EU law by the member states, the authors come to the conclusion that the EU may face negative consequences due to the display of democratic reformist coalitions in individual member states (Poland and Hungary ), as well as due to favouring (authoritarian) stability over uncertain (democratic) change. Concession to candidate countries for EU accession in terms of the fulfilment of the Copenhagen criteria in exchange for satisfying the interests of leading member states may undermine the credibility of the project of building a European identity based on the common values of the EU, as well as the loss of the reputation of the normative power of the European Union. Accelerating the process of Ukraine’s accession to the EU, which is connected with Ukraine’s acquisition of the status of a candidate for accession to the EU, requires the Europeanisation of the domestic legal culture as a prerequisite for the modernisation of all other elements of the legal system. This, in turn, implies the completion of the process of de-Russification of legal science and education, the development and approval of the Legal Education Development Program, and the modernisation of legal terminology.

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Section: Europeanisation As a Phenomenon Of European Integrationmentioning

confidence: 99%

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Lomaka¹,

Yakoviyk²,

Bilousov³

2023

AJEE

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“…With the development of natural sciences and the emergence of social sciences, this problem has acquired new meanings, increasingly shifting into the realm of social reality. With the development of the world by means of natural sciences, social in the Modern Ukrainian Doctrine of Law' 2021 3 (11) Access to Justice in Eastern Europe 155-169. DOI: 10.33327/AJEE- 18-4.3-n000081 This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.…”

Section: The Concept Of Normativity In Modern Philosophical Writing and Its Significance For The Development Of Modern Law And The Effectmentioning

confidence: 99%

Does Normativity Contribute to the Effective Protection of Rights? Reflections on the Concept of Normativity in the Modern Ukrainian Doctrine of Law

2021

AJEE

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Normativity is considered the basis for the implementation of social regulation. However, this regulation of social relations must be organised and have a positive impact on the development of society. Normativity is considered to be the primary, original property of social reality due to the natural demand for establishing order and its integral ability for self-organisation. The integration of elements into a balanced system is carried out through their coordinated interactions, resulting in something new, which has a unique integrative quality, provided that this quality was absent before their integration into the system. At the same time, nowadays, the phenomenon of normativity is studied mostly from traditional positions. A number of well-known works that raise the issue of normativity were written in the middle of the last century under conditions of an ideological monopoly and are unlikely to enrich the modern understanding of the normative nature of law. Today, in the Ukrainian scholarly literature, because of Soviet remnants, only the formal (positive- empirical) side of normativity is being assessed, which leads to it being replaced by the concept of state coercion. In general, this leads to the spread and dominance of extremely negative phenomena in Ukrainian society, among which the total non-enforcement of court decisions is worth mentioning. The solution to this problem cannot simply be improving coercive measures of the state alone – there must be changes to understanding the rule of law and, in particular, the nature of normativity. The analysis of the method of objectification (formation) of the due diligence of law will significantly contribute to targeting this problem because the latter is not solely derived from the dictates of the state (or the empirical phenomena). However, the key focus is finding the answer to one of the most important questions of jurisprudence and the philosophy of law, namely: ‘Why should a person obey the law?’. Thus, we are highly motivated to initiate a philosophical and legal rethinking of approaches to the normativity of law and the legitimation of state and legal processes. This article is an attempt to target a discussion in this sphere.

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“…2 The legal regime of the arbitration agreement is enshrined in various fundamental regulations of international commercial arbitration. 3 As noted, the first multilateral international legal act to regulate arbitration agreements in the field of international commercial relations was the Geneva Protocol of 1923. It enshrined the right of the parties to conclude agreements on the transfer to arbitration both in relation to existing disputes and to disputes that may arise in the future.…”

Section: Introductionmentioning

confidence: 99%

The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions

Kravtsov¹

2021

AJEE

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The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded correctly in accordance with the norms of international and national law. Quite often, in the law enforcement activities of both national courts and arbitrations, there are questions about the validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly, national courts are empowered to consider the validity, effectiveness, and enforceability of an arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is a priority aspect of the consideration of any procedural issues by international commercial arbitration as the only and indisputable body authorised by the parties to the foreign trade agreement to consider a particular dispute. The article analyses doctrinal and legislative approaches to this issue, in which the authors come to the logical conclusion that national courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement.

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C (Theory of EU Civil Procedure)

Cited by 3 publications

References 0 publications

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Europeanisation and Its Impact on Candidate Countries for EU Membership: A View from Ukraine

Does Normativity Contribute to the Effective Protection of Rights? Reflections on the Concept of Normativity in the Modern Ukrainian Doctrine of Law

The Validity, Effectiveness, and Enforceability of an Arbitration Agreement: Issues and Solutions

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