I I N N T T E E R R N N A A T T I I O O N N A A L L S S C C I I E E N N T T I I F F I I C C P P E E E E R R - - R R E E V V I I E E W W E E D D J J O O U U R R N N A A L L

EDITIONS

Dis-Integration: Reflections on the legal, policy and practical challenges resulting from the UK's withdrawal from the European Union

In 2016 the UK citizens voted by a small margin to leave the European Union, a collaboration of which it had been a founding member. The following four years witnessed media messages that reinforced public narratives of ‘taking back control’ and ‘national sovereignty’, deepening social divisions and promoting populism. At the same time, as there had been no agreement about what withdrawal would mean, even between elected representatives, parliament consistently failed to achieve consensus on the terms of that withdrawal. Indeed, there was an unsuccessful attempt by the then prime minister to achieve a ‘no-deal’ withdrawal by illegally proroguing parliament. The rule of law is a vital balance in a democratic system. In the UK it is increasingly visible as contested ground as the right-wing government seek to legislate for political ends.

 

There is no doubt that the consequences of leaving the EU have been detrimental to Britain’s economic health with a growth in homelessness and in the number of households experiencing food insecurity. At the same time, substantial legislation has been enacted to further limit people’s freedom to protest and to seek to control inward migration.  Most recently, controlling migration has become so politicised that a law is proposed to assert Rwanda’s safety for people seeking asylum as a remedy to the supreme court’s ruling that it was unsafe.

 

The functions of law have been identified by UK scholars as: the regulation of power structures; social engineering; shaping attitudes and behaviours; promoting ideology; and finding solutions to social problems. This paper shines a light on the destructive consequences of the law being used in the service of a neoliberal agenda, taking the perspective of a small NGO in southwest England to illustrate the consequences of Brexit for refugees, students and wider society.

 

Students and Refugees Together (START), winner of the European Citizens Award in 2017, has, for 22 years, provided support to people granted leave to remain whilst providing practical placements to students of social work and allied professions. From this perspective, the loss of international cooperation and the proliferation of new legislations has contributed to a dis-integration in social mobility, understanding and human rights.

 

Keywords: Law and policy, strengths approach, student learning, Brexit, international mobility.

Challenges and prospects of cooperation between the countries of the South Caucasus: the context of the Eastern Partnership Initiative

In today’s increasingly intensified international competition and the world full of growing threats, the need to deepen cooperative relations between states is being activated with new force. World history is full of examples of both militaristic and political associations that were formed and changed according to specific historical circumstances.

 

No less important unions, the formation of which has an economic basis. In this case, the main motive of cooperation is to obtain a synergistic effect and strengthen positions on a global scale, to gain an advantage in the competitive struggle, to use existing resources and conditions more fully and effectively, etc.

 

A new understanding of cooperation is the implementation of the political initiative – Eastern Partnership by the European Union, which allows the Eastern neighboring countries of the European Union to start closer cooperation both with the member states and with each other, which can be considered as a new formula for their future success.

 

The Eastern Partnership initiative is a very big contribution from the European Union to the stability and development of the Eastern neighboring countries and, at the same time, it is a very good opportunity to support European security and the achievement of global goals. That is why the right steps taken by both sides lead to the achievement of multifaceted positive results for all parties involved.

 

From the mentioned point of view, it is especially important for the European Union to promote the development of the South Caucasus states when they become supporters of the international order and regulations. We consider this to be one of the important directions in which the cooperation between the EU member states and the countries of the Eastern Partnership (including the South Caucasus) should be developed. Therefore, it is a mutual interest and mutual need, which should be well understood by all EU member states.

 

Keywords: Eastern partisanship; regional commons; Regional cooperation.

Ordoliberal Socio-Economic Policy as a Model of Reforms for the Eastern Partnership Countries

The Ordoliberal economic policy is a valuable source of inspiration for many countries wanting to reform their political and socio-economic systems. It is also a valuable “object” of research and analysis. Ordoliberalism was initially introduced only in the Western occupation zones, then, after the reunification of Germany in 1990, it was extended to the area of the former German Democratic Republic and, to some extent, constituted a reference point for reforms in the countries of Central Europe. In turn, the Eastern Partnership is an initiative based on close cooperation between the EU and six Eastern European countries that are not members of the EU structures. It was inaugurated ten years ago on the initiative of Poland and Sweden.

 

This publication tries to answer the question to what extent the German experience with ordoliberalism can be useful for countries undergoing the process of systemic transformation, with particular emphasis on the countries of Eastern Partnership countries. The analysis was prepared using the institutional and legal method, while the main source base were available scientific publications and published documents.

 

Keywords: Ordoliberalism, Eastern Partnership, Social Market Economy.

Jurisdiction of transnational administrative-legal acts in the process of European integration

Transnational administrative-legal acts exhibit the feature of exerting influence not only within the jurisdiction of the originating state but also across the borders, encompassing the territories of other states. Such acts are one form of harmonization and “integration” of activities within the European Union.

 

The European integration process entails progressively aligning and synchronizing laws, policies, and regulations across European Union member states to establish a unified market and foster deeper political and economic collaboration. This progression involved the delegation of specific governmental authorities from national administrations to EU institutions. Consequently, transnational administrative-legal acts play a crucial role in promoting and regulating this integration.

 

European Union law exerts a varied impact on the collaboration and organization of administrative entities, along with its influence on the judiciary. In part, this includes the obligation to recognize administrative bodies or judicial decisions of other states.However, there are few areas in which the enforcement of EU law is fully regulated by national law. There are frequent cases where the enforcement standards of the member states are applied to the law of the European Union, which, in some cases, damages the idea of ​​a unified application of the law of the European Union.

Transnational administrative-legal acts often require cooperation and coordination among member states in order to effectively address existing challenges. The European integration process promotes this cooperation through various mechanisms.

 

In this way, it is important that when applying the national legal norms, the practical realization of the objective of the European Union norm is not hindered and, at the same time, the national interests of the candidate country are not harmed. This concerns the application of both substantive and procedural law norms.

 

The present article discusses the issue of transnational administrative-legal acts in the process of European integration; The typology of transnational administrative-legal acts is presented, the precedents of the European Court of Justice and their influence on the principle of territoriality and the right to effective justice are analyzed.

 

Keywords: Transnational administrative-legal act, Jurisdiction

Europeanization of Georgia: Reception of European Public Law in Georgia

European integration is a supranational form of cooperation based and developed on the foundation of broad consensus of the states. Europeanization of law with European interpretation is a demonstrative process of convergence of national and supranational legal systems in the space of European integration, which is not only a nebulous political act, but a more binding and legal definition.

 

The Association Agreement (AA) signed between the European Union and Georgia on June 27, 2014, expresses absolute respect for the sovereignty, and territorial integrity of the internationally recognized borders of the Georgia. European association is a foreign and domestic policy priority declared by the Georgian people. The instrument for the implementation of this policy is the association agreement and legal approximation.

 

The opportunity of complex transformation within the framework of the Association Agreement is a great advantage for present and future generations. From the historical perspective, the full and successful implementation of the legal reforms determined by the association agenda is a normative prerequisite for the European Union which provides a unique opportunity for Europeanization of the country.

The association agreement envisages the gradual convergence of the national legislation of Georgia with the legal acts of the European Union and international legal regulations. One of the areas of legal approximation is public procurement, which falls under the exclusive jurisdiction of the European Union. The Europeanization of state procurement, as the declared political will of the Georgian state, requires the transposition of European legal experience into national law.

 

In accordance with the association agreement, the public procurement law of Georgia should be adapted to the public procurement law of the European Union (gradual approximation). In order to ensure the fulfillment of the obligations defined by the agreement and the convergence of the state procurement legislation with the EU directives, Georgia adopted the Law of Georgia “On Public Procurement” adjusted to the European public procurement law. With the implementation of the Law of Georgia “On Public Procurement”, the currently valid regulation of the Law of Georgia “On State Procurement” is declared invalid and the European public law is adopted into the national law.

 

Keywords: Association Agreement, Public Procurement, Disputes Centre, Sanctioning of Contractor

Georgia - the crossroads of Europe and Asia - an important factor in the regional energy landscape

Since independence, Georgia’s full-fledged integration into the European Union is not only the foreign policy goal of our country, but also the driving force for the construction and development of a democratic state. Georgia’s strategic location and possession of rich renewable, unconventional energy resources give us a unique chance to become a hub, a “middle corridor” and a conduit for “green energies”. Georgians are ready to use this opportunity for further alignment with the ambitious energy goals of the European Union and the “Green Agreement” of Europe.

 

Our push towards the European Union has been preceded by intensive communication and cooperation on energy legislation, regulations and energy policy, as well as improving energy infrastructure. This is how the so-called mega-project of the 21st century – the Black Sea submarine cable project – was created. The initiative involved in the project is more than simple infrastructure development; It is a symbol of Georgia’s integration and interconnection with the European Union. The Black Sea submarine cable will not only enhance energy security and diversity, but also serve as a renewable energy exchange channel between Asia and Europe.

 

The idea of the Black Sea submarine cable project was born in Georgia, and Georgian geologists carried out technical works to explore the bottom of the Black Sea. At the next stage, Azerbaijan, Romania and Hungary were included in this project. The most important agreement was signed by the representatives of all four countries.

 

The purpose of our research is to determine in advance what economic benefits Georgia will receive during the implementation of this important project, and we will be able to export the energy of renewable resources of our country, if we remain only as a transit corridor, which is also very attractive, although less profitable.

 

While working on the article, we evaluated the potential of Georgia’s renewable, non-traditional energy sources, their target indicators and characteristics. Based on the researched information, we developed conclusions and recommendations.

 

Keywords: renewable, non-conventional energy resources, Black Sea submarine cable, energy security, “green energy”, European integration.

The Impact of the War in Ukraine on Polish-Ukrainian Economic Relations from the Perspective of the Illusion of Explanatory Depth

The article explores the impact of the war in Ukraine on Polish-Ukrainian economic relations through the lens of the illusion of explanatory depth. It delves into the complexities and nuances of the economic ties between the two countries in the context of the ongoing conflict, shedding light on the potential consequences and challenges that have arisen. In order to analyse the matter in question, authors do research on the historical background, modern tendencies of the economic relations through social media and interviews with respondents from the field of Polish-Ukrainian relations. The significance of this paper is based on the current happenings, influence of war on the economic relations between these two countries and the rapid challenges and changes that these relations are experiencing.

 

Keywords: Polish-Ukrainian economic relations, illusion of explanatory depth.

The Compliance of the Georgian Government’s Legal and Political Activities with the Good Governance Principle: Eastern Partnership Initiative

The study deals with the compliance of the Georgian Government’s legal and political activities with the “good governance” principle envisaged by the Eastern Partnership initiative. The research was carried out within the framework of qualitative research. Based on secondary sources, the research of the Caucasus Research Resource Center (CRRC) reflected the public’s mood about the Government’s political activities. Within the research framework, I studied the strategic documents and plans of the Georgian Government, in which the convergence of the country’s political course with the principle of “good governance” is mentioned. Through the analysis of strategic documents of the Georgian government, analysis of secondary sources, and local and international reports, I present the compliance of the legal and political activities of the Georgian Government with the principle of “good governance.” The purpose of the presented research is to answer the question: what prevents the Government in Georgia, through its activities, from absolute compliance with good Governance while such international organizations as Transparency International Georgia, ISFED, OSCE/ODIR, in the presented reports point out mistakes and issue relevant recommendations.

 

Keywords: Eastern Partnership Initiative, Central Electoral Commission, Election, Good Governance, Good Governance Principles, ISO.

European Integration and the Labour Law Reform in Georgia. Achievements and Challenges

This paper describes the way of legal harmonization for the purposes of labour safety and health in Georgia and is based on those historic decisions, which have been rendered by Georgia within the framework of the labour law reform. In order to have a full image of the processes, the waves of radical reforms are described, which began in 2006 in Georgia and the outcomes of the mentioned are analysed. The paper aims to analyse the reforms implemented on the path to European Integration and evaluate the results and challenges faced by Georgia standing on its path to European Integration. The paper also covers the analysis of the labour safety obligations undertaken by Georgia under the Association Agreement and the importance of informing the society, as a certain key on the way to effective enforcement of the taken measures.

 

Keywords: labour safety, labour legislation, labour norms, labour law, European Integration, Association Agreement, decent labour culture, labour safety culture.