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Abstract Background As part of the UK government’s obesity strategy, the Food (Promotion and Placement) (England) Regulations 2021 were implemented in October 2022 to restrict the prominent placement of products high in fat, sugar, or salt (HFSS) in most retail settings. Local authority (LA) officers have been tasked with enforcement of these regulations. This qualitative study examined the perspectives of LA officers including, trading standards, environmental health, and public health officers to understand enforcement approaches and requirements to optimise business compliance with the regulations. Methods Semi-structured interviews were conducted via MS Teams with a purposive sample of LA officers across England. Data were analysed using inductive thematic analysis. Results The 22 participants comprised 13 officers from Trading Standards, six from Environmental Health, and three from Public Health teams. The key messages include the following: (i) the regulations are complex and do not align with existing enforcement approaches, (ii) officers’ professional background will result in variable enforcement practices, and (iii) compliance assessment is an arduous task. LAs are facing resource and workforce constraints and have to prioritise regulations addressing high health risks (e.g., allergens). Therefore, officers will mostly apply a light touch approach to enforcement, raising awareness and engaging with businesses rather than issuing notices. To develop a consistent enforcement approach across LAs, officers asked for (i) further leadership from central government in the form of funding, training, and tools to determine in-scope businesses and products, (ii) cross-departmental collaboration to raise the regulations’ priority at local and regional levels, and (iii) greater consumer demand for healthier retail environments. Conclusion It is crucial to address both structural challenges such as resource allocation, workforce, and prioritisation issues as well as the inherent complexity of the regulations to strengthen enforcement efforts. Our findings highlight the necessity of supporting enforcement activities at national and regional government levels to avoid potential false conclusions about ineffectiveness of regulations.

Abstract Background With the high influx of low-cost plastic toys on the market, there is growing concern about the safety of such toys. Some of these plastic toys contains hazardous chemicals like polybrominated diphenyl ethers (PBDEs) due to the use of recycled plastics in new toy manufacturing. Here, we investigated if toys marketed in Europe are compliant with EU directives to assess the safety of currently used children's toys and identify implications of PBDE content in toys. Results Eighty-four toys purchased from international toy retailers were screened for bromine using X-ray fluorescence (XRF), and 11 of those with bromine content higher than 500 µg/g were analyzed for ten PBDEs using GC–HRMS. PBDEs were detected in all 11 toys. Ʃ10PBDE concentrations ranged up to 23.5 mg/g (with a median concentration of 8.61 mg/g), with BDE-209 being the most abundant compound (4.40 mg/g). Eight samples exceeded the EU’s Low POP Content Limit (LPCL) of 500 µg/g for the Ʃ10PBDEs by 6–47 times and the Unintentional Trace Contaminant (UTC) limits of 10 µg/g for Deca-BDE by 12–800 times. Conclusions PBDEs were up to percent levels, suggesting direct recycling of flame retarded plastic, e.g., e-waste plastics, into toy components. This is a call for concern and requires intervention from all stakeholders involved in the toy market. Overall, the occurrence of non-compliant toys in the EU market, as indicated in this study is primarily attributed to gaps in regulations, inadequate legislation for recycled plastics, the rise of online sales, complexities in global and national supply chains, and economic challenges. Failure to address these issues will hinder the efforts of the plastics industry to transition into a circular economy. This suggests that more actions are needed to address gaps in cross-border enforcement, and stricter sanctions are required for toy manufacturers who fail to adhere to regulations and safety standards.

Regulators are responsible for overseeing organizations. Organizational behavior should be in line with laws and regulations. Therefore, regulators aim to influence behavior of regulatees, such as compliance (i.e., following rules and regulations), but also ethical behavior (i.e., doing the right thing, irrespective of the rules and regulations). However, little empirical evidence exists on the effectiveness of different types of regulatory actions. Also, most evidence focuses on compliance, despite an increasing demand for ethical behavior of organizations. A literature review was conducted to collect, summarize, and analyze empirical evidence on how regulators can stimulate regulatees’ compliant and ethical behavior. This paper uniquely covers multiple types of regulatory actions and also multiple types of underlying factors. To illustrate this, a novel framework was introduced, in which it was proposed that regulatory actions influence compliant and ethical behavior through regulatees’ capability, opportunity, and motivation. Combining the findings of 35 articles showed that studies on ‘deterrence’ and ‘cooperation’ demonstrated mixed results regarding their effectiveness, whereas ‘inspections’ were found more effective. Notably, psychological capability, social opportunity, and reflective motivation were more effective in stimulating behavior than physical capability, physical opportunity, and automatic motivation. A reflection on how regulators can use these unique insights to increase their effectiveness is given, as well as an aim to develop regulatory theory further.

The dataset contains Fourier-transform infrared (FTIR) spectroscopic analysis of fuels in maritime cases and biodiesel–diesel blends B7 and B10 from Malaysia. Fuels in maritime cases were donated by Agensi Penguatkuasaan Maritim Malaysia (APMM) in March 2023. The crime-related oil samples originated from maritime crime scenes located within Terengganu and Johor, Malaysia. Meanwhile, B7(DE5) and B10(D0) samples were obtained from pump stations in 2021. They are fuels used in Malaysian transportation system. The FTIR analysis was acquired in the full regions of FTIR (6000–80 cm−1) which are near-infrared (NIR), mid-infrared (MIR), and far-infrared (FIR). The IR spectra were recorded using Bruker Invenio-R (Universiti Putra Malaysia) spectrometer equipped with attenuated total reflection (ATR) (2 mm) diamond with an accumulation of 64 scans at a spectral resolution of 4 cm−1. Spectral analysis was carried out by OPUS 8.7.41. The data highlights the potential of NIR, MIR, and FIR spectroscopy as a powerful tool for forensic analysis in maritime crime investigations. This includes the potential of utilizing the Hierarchical Clustering Analysis (HCA) to discriminate between type of fuels in forensic cases.

The illegal online trade in wildlife has increased significantly over the last 2 decades. Applying a systematic survey approach, we examined the online trade in elephant ivory before and after the implementation of a domestic trade ban in Singapore, to understand the forms of elephant ivory offered for sale, the e-commerce sites used and the effect of the domestic trade ban. Using elephant ivory and lookalikes in form, shape and colour as proxies for elephant ivory, we found that most of the online listings consisted of bird cages and related accessories such as bird feeding cups and ornaments used to adorn them. After the domestic trade ban in elephant ivory was implemented on 1 September 2021, a 76% drop in total listings was observed. Causal impact analysis indicated a strong causal effect of the domestic trade ban, resulting in an 83% drop in the mean number of new listings found weekly relative to the predicted counterfactual market response based on a Bayesian structural time-series model in the absence of the ban. E-commerce sites play an important role in combatting illegal wildlife trade online by removing flagged listings and sending notifications to raise awareness of the ban. We found textual descriptions of products to be more effective for preliminary differentiation of legal and potentially illegal listings compared to the detection of Schreger lines in images, although this remains a significant challenge for law enforcement. Our findings can inform future efforts to develop automated detection methods for elephant ivory in online markets.

Abstract This paper examines the relationship between air pollution levels and regulators’ enforcement levels and observes that air pollution levels in firms’ locations reduce enforcement from regulators. Moreover, regulators are more likely to suffer from type II errors when air pollution levels in firms’ locations are higher, verifying the effect of regulators’ unwillingness to travel due to air pollution. The cross-sectional analysis suggests that enforcement from regulatory authorities in areas with lower air pollution levels than in firms’ locations, positioned at great distances from firms’ locations, and with greater workloads is less strict when air pollution levels in firms’ locations are higher. We further test whether air pollution levels reduce the efficiency of regulators and find that firms with lower earnings quality and weaker corporate governance are less likely to be subjected to enforcement by regulators when air pollution levels in the firms’ locations are higher.

The enforcement of criminal law against book copyright infringement in Indonesia is inadequate, lacking legal certainty and failing to provide restorative justice for copyright holders due to outdated regulations. This study, using a normative juridical approach with descriptive analysis and empirical comparison, reveals that such enforcement is categorized as a 'complaint offense,' starting with the reception of complaints and proceeding to mediation, followed by judicial processes if mediation fails. It also highlights that copyright protection involves automatic regulatory mechanisms, a registration system for exclusive, moral, and economic rights, and combines proactive educational outreach with repressive marketplace monitoring and customs collaborations. Furthermore, the research explores Restorative Justice, focusing on mediation and arbitration in commercial courts for fair restitution, aiming to compensate materially and morally. The findings suggest expanding restitution concepts in Restorative Justice to align with global copyright norms and the growth of E-Commerce, thereby enhancing protection for copyright holders in the digital era.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 809-851 | Article | (Table of Contents) I. Introduction. – II. Democracy as a value of EU Law. – II.1. The development of the value of democracy in the European Union – II.2. The value of democracy in art. 2 TEU and the Copenhagen criteria – III. The value of democracy beyond art. 2 TEU. – III.1. Right to vote and to stand as a candidate – III.2. Art. 10 TEU – III.3. Art. 21 TEU – III.4. The Charter of Fundamental Rights of the EU – IV. Enforcing Democracy Beyond Art. 7 TEU. – IV.1. Problematising art. 7 – IV.2. Centralised enforcement – IV.3. Decentralised enforcement – V. Conclusion. | (Abstract) This Article analyses several ways in which democracy as a core value of the European Union can be enforced against member States violating democratic principles. Following the crisis of democratic backsliding in several Member States, no legal action has been taken on the basis of a breach of democracy or democratic principles. A possible explanation is that violations of art. 2 TEU are subject to a specific enforcement procedure (laid down in art. 7 TEU), which is notoriously hard to trigger. Furthermore, since art. 2 TEU refers to abstract values, it is frequently asserted that values such as “democracy” cannot be legally enforced. This Article, however, claims that the value of democracy has a sufficiently clear core legal meaning in EU law to be legally enforceable. Secondly, this Article claims that EU law includes numerous other centralized (at EU level) and decentralized (at Member State level) enforcement mechanisms beyond art. 7 TEU that can be used to enforce democratic principles. The current absence of enforcement action against such Member States, therefore, is largely a political choice instead of a legal requirement.

Mandatory human rights and environmental due diligence legislation such as the new EU’s Directive on Corporate Sustainability Due Diligence (CSDDD) have received praise and critique in practice and scholarship. This contribution assesses the regime of administrative enforcement contained in the CSDDD and asks if it meets the standards of effective remedy.

O objetivo do artigo é discutir a baixa capacidade de enforcement do Conselho Nacional de Justiça (CNJ), a partir do estudo de caso do cumprimento da Resolução CNJ 203/2015, que instituiu a política de reserva de 20% das vagas em concursos públicos para cargos efetivos e de ingresso na magistratura para pessoas negras. Sistematizamos dados oriundos do levantamento estatístico do perfil racial de juízes e servidores do quadro de pessoal dos tribunais do país realizado pelo Conselho Nacional de Justiça (CNJ, 2021), correlacionando-os com dados populacionais, e acrescentamos informações de natureza qualitativa, a partir de entrevistas realizadas com magistrados e servidores, buscando identificar os impactos e o alcance da política de cotas no âmbito do Poder Judiciário. Constatamos que a referida resolução não vem sendo cumprida pela maior parte dos Tribunais, sendo que a ausência e/ou insuficiência de dados compromete a realização de um diagnóstico mais robusto sobre a inclusão de negros e negras no Judiciário, tanto na magistratura, quanto no corpo de servidores. Concluímos que Resolução do CNJ só se cumpre quando há vontade política dos dirigentes dos tribunais, dos juízes, e comprometimento por parte dos servidores, ou quando se trata de garantir vantagens corporativas para a magistratura.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 579-582 | Article | (Abstract) This Special Section is devoted to assessing whether core areas and core values of European law are future-proof (and how they could or should be made future-proof) in light of developments in terms of digitalisation and technological innovation. It is the result of a joint project of researchers at the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) at Utrecht University, focusing on the impact of digitalisation in different fields of EU law including EU internal market law, consumer protection law, data protection law, competition law, financial law, intellectual property law and criminal law. Digital technologies create various challenges, in many cases associated with the use of algorithms, the massive collection of personal data and the possibilities (and difficulties) of access to digital content. All these challenges require careful consideration, and regulation and enforcement arrangements which protect and balance the possibly conflicting values that we deem important in our societies, including innovation and technological development and protection of fundamental rights. Yet, it is exactly the continuous and fast-paced technological developments that make it difficult to regulate in these areas. In the EU, this response is predominantly shaped and guided within the multi-level legal order, whereby the EU legislature has gained a growing role in shaping our digital societies. The Special Section editors hope that the contributions provide food for thought, useful insights and inspiration for the process of making regulation and enforcement in the EU (more) future-proof for digitalisation – both within the specific fields of expertise and beyond.

The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends.Aim. Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation.Tasks. The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents.Methods. Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used.Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018.Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states.

This article aims to address the differences that exist throughout the country with regard to the power to enforce a claim belonging to a public institution but financed entirely from its own revenues. Moreover, the claim in question belongs strictly to the budget of the institution and is therefore not a claim which first goes to the state budget and then is redirected to the budget of the institution. This raises the practical question of whether the traditional bailiff is competent to enforce the claim in question on behalf of the institution, or whether there is an obligation to have recourse to tax executors, taking into account, in particular, the purpose of the claim, its course and the fact that it is not a tax claim in the true sense of the word.

AbstractThe purpose of this paper is to review existing literature on the consequences of International Financial Reporting Standards (IFRS) adoption in Europe with a specific focus on different enforcement environments. Following prior studies, we adopt the critical review approach. We begin the review in Europe and then provide a comparative analysis among four countries based on their enforcement environment. Academic papers were collected from high-quality ranked journals. The literature was analysed on different streams, including comparability, audit services liquidity and earning management. Our critical review indicates that the consequences of IFRS adoption depend on the country’s enforcement environment. If a country has strong enforcement, then the consequences of IFRS adoption are more pronounced for both positive and negative consequences. This was the case for the UK and Germany. If a country has a weak enforcement environment, the consequences are less pronounced, as was the case for Spain and Italy. The consequences of IFRS adoption include increased comparability, audit fees, liquidity, earnings management and investment. If a country is to realise the benefits of IFRS adoption fully, it is not sufficient to just adopt the standards; there must be a strong enforcement environment. The paper makes suggestions for further research in the context of IFRS consequences.

Abstract Conservation is increasingly recognized and funded on private lands. Making conservation last despite turnover in people requires maintaining social relationships. For example, conservation easements (CEs), also called conservation covenants, are legal agreements for private land conservation typically expected to last in perpetuity, yet their public benefits depend on successor landowners. We focus on the social relations in stewarding lands held by successor landowners who purchased or inherited a property after the conservation agreement was in place. We conducted 38 semi‐structured interviews with key informants, conservation organization staff and successors who own conserved properties in Wisconsin, USA. These interviews revealed the importance of the relationship between conservation organization staff and landowners and the roles of trust, shared goals, meaning‐making and power. These social relationships can influence the land management choices of landowners and compliance enforcement approaches of conservation organizations. In light of these findings, policymakers and professionals should consider rapid outreach to new owners of conserved properties and greater investments in landowner relationships to build multiple dimensions of trust, connect on shared goals and help landowners find positive meaning in conservation agreements. We recommend documenting these personal dimensions of conservation for future staff, whose effectiveness in the field depends on their ability to make conservation policy salient for particular people and places. Read the free Plain Language Summary for this article on the Journal blog.

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is the most successful multilateral document in the field of international trade law, designed to increase the efficiency of the arbitral institution. This document, as one of the most important transnational documents on which the main framework of the international arbitration regime is based, has been created with the aim of facilitating the implementation and effectiveness of arbitration as much as possible. However, Article 5 of the New York Convention has been provided for a condition that, if fulfilled, the non-enforcement of the judgment would be arbitrated. Some of these cases, according to Article (1) 5, require citation and proof by the defendant of the arbitral award in the country where the request is made and are limited to the territory of the court that recognizes or enforces the award. Others, according to Article (2) 5, prevent the implementation of the needs required by the court of the country of identification and implementation, and cases such as public order, and the applicability of the dispute. This article examines the reasons for refusing to recognize and enforce arbitral awards to address the principle of narrow interpretation in favor of enforcement and the exclusion of the grounds for non-recognition and enforcement set forth in Article 5 of the Convention. The New York Convention and International Commercial Arbitration Act of Iran are reviewed in comparison to each other.

For decades, companies involved in the petroleum industry are committed to complying with International Petroleum Industry Practices (IPIP) or similar terms in performing most of their obligations and operations. This paper examines the consequences of a breach of IPIP in light of reviewing dispute resolution methods in different regimes governing the upstream sector. Reviewing disputes and lawsuits related to the breach of IPIP suggests the different enforcement methods under the various regimes of operation in the upstream sector. With regard to the Iranian petroleum industry, using the results of this comparative study, it was shown that due to the contractual regime used in the relations between the National Iranian Oil Company (NIOC) and International Oil Companies (IOCs) involved in the development of the Iranian upstream sector, any dispute over IPIP as part of contractual terms will cause new risks by triggering the arbitration mechanism. It was also suggested that the preparation of IPIP in the form of precise documents and their periodical update by relevant authorities, including the Ministry of Petroleum, may reduce disputes between the contracting parties (NIOC and IOCs) and determine the latter’s scope of authorities related to selection and application of IPIP.

It is inconceivable to have crimes without laws created prescribing or enforcing them. There must also be in existence a concomitant authority, either a state or an institution vested with the capacity to enforce these laws. In cases those crimes that occur on land, it is usually straightforward to determine the body vested with the legal power to prescribe and enforce these claims. Through qualitative and quantitative sampling, this study argues that for crimes that occur on the sea; territorial, internal or high seas, determining the state with jurisdiction is not so clear. This is because there is the possibility that various states could have competing rights to prescribe, adjudicate and enforce criminal laws in relation to a criminal offense. It is therefore important that a survey of these competing/concurrent rights of states be carried out. This research also investigates whether, by international law, these rights are actually concurrent or whether one is superior to the other. It also carried out an assessment of how the concurrent rights of states are exercised and how conflicts are resolved when they occur. The research founds that in real terms, one should be superior to the others and not so concurrent.

While there is strong advocacy globally on human rights, little attention is paid to constitutional rights in some countries. Many constitutions contain constitutional rights, which are mainly referred to as the bill of rights in their constitutions. This piece presents a comparative exposition of the constitutional rights in The Gambia and Indonesia as constitutional states. Both countries are sovereign, and the strength and lethargy in enforcing these rights in these countries are of great significance in this research. In this research, empirical and normative research approaches are taken to examine both primary and secondary data. Primary materials like the constitutions of the two countries, legislation and court cases on constitutional rights are used. Secondary materials like articles and books are sufficiently used to support this research. Cognizant that a constitution is both a legal and political instrument, the Constitutional Court of Indonesia is undermined to a certain extent by both the House of Representatives and the Executive, and The Gambia’s sparing moments in disobeying High Court orders as regards constitutional rights, this research finally reaches an informed verdict that constitutional rights are different from human rights and approaches to their enhancement ought to be premised on citizenship. The inclusion of legal provisions in constitutions does not, ex cathedra, make institutions strong. Therefore, both countries need a paradigm shift in their national mechanisms to strengthen the institutions that enforce these rights despite the institutional differences in socio-political and socio-legal structures. To do this, the constitutional defense bodies must be comparatively autonomous from other institutions exercising the legislative, executive, and judicial functions to carry out such activities to increase individuals’ and States’ respect for the constitutions and the law and the constitutional rights guaranteed by these constitutions will make fresh and significant strides.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1537-1567 | Article | (Table of Contents) I. Introduction. - II. Equal pay standards under the European Social Charter. - II.1. Obligations deriving from the protection of equal pay under the European Social Charter. - II.2. What place for EU law? - III. The European Commission's proposal on binding measures regarding pay transparency. - III.1. What role for ESC standards? - IV. How does the proposal compare to the ESC standards? - V. Opportunities and challenges. - VI. Conclusions. | (Abstract) The legal frameworks protecting the right to equal pay at European level are being reshaped. This re-shaping is taking place in parallel within the European Social Charter (ESC) system, through the case-law of the European Committee of Social Rights, and in EU law, through a proposal for a Directive on pay transparency and enforcement mechanisms. In this Article, we revisit the interaction between the ESC and EU law, in the context of the right to equal pay between men and women for equal work or work of equal value. Emerging equal pay standards are detailed and address long-standing enforcement problems that have deprived legal frameworks of their full potential as an avenue for the effective realisation of the right to equal pay. We show, however, that there are some differences between the ESC and the EU instrument underway. The ESC seems to set more progressive standards in certain respects and has the potential of accommodating workers' interests with fewer restrictions. This is particularly evident in relation to employers' wage reporting obligation and positive obligations to promote equal pay. With regard to the interaction of EU law with the ESC system, we argue that re-cent equal pay developments do not suggest a major break from existing critical accounts of the stance of the EU legal order towards more progressive social rights standards found in the ESC.

Este artigo tem como objetivo analisar a influência do enforcement dos países no conservadorismo contábil das empresas de capital aberto dos países membros do G20. Para tanto, foram analisadas 33.228 empresas não financeiras de capital aberto no período de 2016 a 2020, sendo classificadas de acordo com seu desenvolvimento econômico nos países analisados (Desenvolvidos e Emergentes), bem como o regime jurídico adotado por essas economias (Common Law e Civil Law). Para análise, foi realizada regressão de dados em painel, utilizando os modelos de conservadorismo condicional propostos por Basu (1997) e Ball e Shivakumar (2006). A partir da análise comparativa dos resultados, foi possível evidenciar que países desenvolvidos tendem a apresentar maior conservadorismo em seus números contábeis, assim como países com sistema legal de Common Law, constatando que um enforcement mais rigoroso tende a fazer com que as empresas apresentem maior conservadorismo em seus resultados.

Software project teams (SPTs) are critical stakeholders. Their contribution in successful delivery of software projects is unquestionable. However, the empirical evidence of their importance seems to exist on paper only, as software project managers (SPMs) and scholars in the project management field ignore their individual needs, and as a result, SPTs remain the most neglected stakeholder group in the software industry. In endeavoring to address the neglect of SPTs by SPMs, the authors of this study developed a model aimed at assisting SPMs to pay due consideration to the needs of this important stakeholder group. At the heart of the model’s functionality is the Project Management Office (PMO), which intends to enforce and standardize the gathering and addressing of software project team needs and interests by SPMs. The aim of the research study is to investigate how the functions of the PMO can be applied to operationalize the enforcement and standardization of the overall function of the model. Since the study is practical-oriented, the pragmatic interpretive approach was considered a suitable methodology. Through the interpretative methodology, several appropriate functions of the PMO, such as «Project management methodology, standards, and tooling», «Monitoring and controlling project performance», «Human resource management» and «Development of project management competencies» as established from project management literature were utilized to achieve the study’s purpose. Even though the interpretation process was guided by literature, the inference was also influenced, to a certain extent, by the researcher opinion as «interested observer». Therefore, the approach presents a limitation to the study. Future studies should include the validation of the feasibility of the study’s claim in a real-world project setup.

Fishery observers play a crucial role in the management and conservation of fish stocks, but the treatment they receive aboard fishing vessels can affect their ability to perform their duties. Using law enforcement data from the Northeast and Alaska regions, home to the most important commercial fisheries in the United States, we explore the extent of observer harassment, assault, interference, and obstruction (OHAIO). We find that 16% of 10,346 fishery violations reported in the Northeast and Alaska regions from 2014-2018 are observer-related, and over 80% of those involve OHAIO. We trace how OHAIO incidents are reported and processed and propose steps to mitigate the issue.

Among the legislative measures in the law amending the issuance of checks in 1997, is the creation of a new method, in addition to guaranteeing previous performances, to receive the amount of returned checks; However, the holder of the check applies for enforcement by presenting a certificate of non-payment to the competent court, and the court, without substantive consideration and merely fulfilling some apparent conditions, this document, like other final court rulings previously Has been judged and judged and at least two stages have been considered, issues an executive order. Although the necessity of creating this special solution, in addition to guaranteeing other performances, is questionable, but benefiting from this new privilege, has several drawbacks such as: inaccurate determination of executive authority, ambiguity in the concept of "holder", lack of compliance certificate The signature by the bank is the possibility of bringing the executor against without substantive proceedings, the impossibility of claiming compensation for delay in payment even if a legal condition is included in the check and a summary such as the "check amount deficit" clause, which is exceptional and may not be interpreted. Extensive has caused ambiguities in the adoption of this new strategy. In this article, in addition to the legal analysis of the mentioned article and the review of the elements of executive issuance, an attempt has been made to give a clear answer to the various ambiguities.

In order to overcome the reasons for the environmental tax not fulfilling its compensatory, stimulating and fiscal functions, the need to study the problems of environmental taxation through the prism of the growth of the shadow economy and corruption in Ukraine is argued. The established relationships "shadow economy - corruption - environmental regulation - environmental pollution" are summarized and analyzed. A comparison of the volume of environmental taxes in Ukraine, environmental tax as a % of GDP in EU countries and Ukraine was made. The nature of shadow factors and the consequences of their impact on environmental taxation have been studied. A chain model was built to identify shadow processes in the mechanisms of assessment, settlement, distribution and development of environmental tax in Ukraine. It allows to identify and structure the nature of the appearance of shadow factors at various links of the chain: economic, political, regulatory, organizational, regulatory, budgetary. The most used shadow operations in environmental taxation are: evasion of payment of environmental tax to the budget due to lack of unified accounting of polluting economic entities; unreliability of data on the volume of emissions and their generalization; transfer of economic activity to the informal sector; corruption schemes when obtaining permits for emissions of pollutants and licenses for handling hazardous waste; untargeted distribution of environmental tax funds between the levels of the budget system; corrupt actions regarding the use of environmental tax. It was determined that at the current stage, it is necessary to make appropriate management decisions at the state level to counter informal processes in the mechanisms of assessment, settlement, distribution and development of the environmental tax in Ukraine. The chain model of identification of shadow factors will allow a comprehensive analysis of the areas of state policy that require improvement and normative and regulatory changes to prevent informal processes in environmental taxation in Ukraine.

The article examines the human rights issues, especially citizenship institute based on the experience the United Kingdom. An analysis of the scientific views of domestic and foreign scientists; reveals the problematic aspects of protecting human rights institute. In the era of globalization, the role of the human rights in solving urgent problems of human civilization is growing. In recent years, dramatic changes have occurred in the global legal system and the legal system of the UK. These changes will serve as the basis for the protection, enforcement and development of human rights. On the one hand, it is a process of integration and regionalization based on world globalization; on the other hand, domestic political and liberal reform processes in the UK. The main focus of the article is to study the legal status of individuals in the UK in the context of globalization, to develop proposals for improving the legislation on human rights in the Republic of Kazakhstan. The article provides for the disclosure of the legal status of the individual through global processes and author's interpretation of it, the legal basis for the protection of human rights, the definition of the features of the formation of human and civil rights and freedoms in the UK, proposals were made for its further development in Kazakhstan.

Violation of the law which includes ethical violations is actually an act contrary to the ethical rules of regulations for members of political parties. Still, these violations indicate an increase in public officials from political parties. As such, it is interesting to research how to determine the model of the code of ethics for members of political parties. It includes members of political parties who are involved as well as public officials. The type of research used in this article is normative-empirical with a statutory approach and is supported by field research. The data obtained were then analyzed qualitatively. The results of the research and discussion show that the enforcement of the code of ethics and party discipline is carried out through prevention and prosecution efforts. Prevention efforts are carried out through continuous guidance for ordinary members, members, and party cadres by the party honors division at each level of the party leadership council. Meanwhile, efforts to take action are carried out by the party ethics and disciplinary committee formed by the DPP, which is tasked with examining and proving any alleged violations of the party's code of ethics and discipline by party members. The party ethics and disciplinary committee is authorized to examine and provide recommendations on whether party members are guilty of violating the code of ethics and/or party discipline on the basis of reports, complaints, or information.

The lack of law enforcement related to sea sand mining activities that conflict with the community in Lampung Province certainly causes many problems. In addition, the impact of the sea sand mining permit also overlaps the allocation of coastal areas and small islands and has the potential to cause quite a high social conflict and environmental ecosystems and cause of ecological disasters. This article aims to analyze law enforcement against marine sand mining activities that conflict with the community in Lampung Province. This study uses normative and empirical juridical methods with a qualitative analysis model. The results showed that sea sand mining conflicts in Lampung Province occurred due to the processes of issuing sea sand mining permits that overlapped with the fishing zones. Also in Lampung Provincial Regulation No. 1 of 2018 concerning Zoning Plans for Coastal Areas and Small Islands, there is no space allocation for the issuance of sea sand mining permits from 12 miles of coastline except for oil and gas mining in the East Lampung waters, complex conflicts due to enforcement The sea sand mining law is not clear, as evidenced by the existence of several cases of violations in the coastal sector and small islands of Lampung Province which were left without going through legal processes and imposition of sanctions.

The inadequate enforcement of laws related to marine sand mining in Lampung Province leads to significant issues, including high social conflict, damage to environmental ecosystems, and potential ecological disasters. Moreover, the overlap in the allocation of permits complicates the management of coastal areas and small islands. This article aims to analyze law enforcement against marine sand mining activities that conflict with the community in Lampung Province, using a normative empirical approach and qualitative analysis model, with inputs from WALHI’s Irfan Tri Musri and several miners. The research finds that effective law enforcement must encompass law formulation, application, and execution stages and emphasizes the need for robust prevention efforts through optimal use of monitoring and licensing instruments. Additionally, the proper implementation of Lampung Province Regulation Number 1 of 2018, concerning Zoning Plans for Coastal Areas and Small Islands, is vital as it addresses community interests effectively. The most significant barriers to law enforcement are legislative shortcomings and the reluctance of officers to strictly enforce sea sand mining laws.

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 721-737 | Article | (Table of Contents) I. Introduction - II. The road to rule of law conditionality - III. How the rule of law conditionality regulation became an instrument of budget conditionality - III.1. The conditionality mechanism in Regulation 2020/2092 - III.2. Article 322(1) TFEU as the correct legal basis - III.3. Sufficiently direct link - III.4. Alleged infringement of art. 7 TEU, circumvention of art. 258 TFEU, and destabilising the institutional balance - IV. Other traces of rule of law conditionality - IV.1. References to Regulation 2020/2092 - IV.2. Applying rule of law conditionality under the Recovery and Resilience Facility - V. Conclusions. | (Abstract) During the last decade, a deterioration of the respect for the EU's common values occurred. On the EU level, various procedures and instruments have been created and applied to cope with the crisis. The latest instrument, Regulation 2020/2092, was designed to establish a rule of law conditionality mechanism but has turned out as a budget conditionality mechanism. This Article examines the evolution and nature of the conditionality mechanism in said Regulation and shows why rule of law conditionality can currently rather be located in the financial instruments breathing life into the EU Green Deal than in the so-called rule of law conditionality Regulation.

Abstract Disturbance to shorebirds by domestic dogs can cause direct and indirect bird mortality. Dog regulations to minimize disturbance are only effective if people comply with them. Non‐compliance is a universal problem in biodiversity conservation, with an associated body of applicable social science from the field of conservation criminology. We apply the lens of this literature to better understand non‐compliance with dog regulations on beaches along the Atlantic Flyway of the U.S. and the role of law enforcement and voluntary compliance techniques (e.g. persuasive communications, behavioural alternatives) in fostering compliance. Through in‐depth interviews with 27 land managers and shorebird biologists experienced in creating and/or implementing regulations to reduce disturbance to shorebirds, we found that non‐compliance is a challenge that law enforcement alone is inadequate to address. Managers are working to overcome these challenges with law enforcement through training law enforcement officers, as well as voluntary compliance approaches, such as conducting on‐site stewardship programs led largely by volunteers, placing educational signage at sites, and highlighting alternative areas to walk dogs. The early stages of the COVID‐19 pandemic in the U.S. increased dog walking on beaches and exacerbated the issue of non‐compliance and lack of enforcement, while the capacity for educational and stewardship programs was also limited. We conclude by recommending that managers and biologists tackle non‐compliance with multiple and concurrent strategies along a spectrum from enforcement to voluntary compliance techniques, while also better studying the efficacy of these approaches. We also highlight the importance of continuing to track the ongoing challenges to compliance with biodiversity conservation regulations due to the COVID‐19 pandemic. Read the free Plain Language Summary for this article on the Journal blog.

This study aims to identify and analyze the effectiveness of law enforcement against unlicensed sand miners by the Pangkep Resort Police, and to identify and analyze the factors that impede the effectiveness of law enforcement against illegal sand miners by the Pangkep Resort Police. This type of research is empirical juridical. The research results show that the effectiveness of law enforcement against the perpetrators of sand mining without a permit by the Pangkep Resort Police is not running effectively. This is due to the understanding of the Satreskrim investigators of the Pangkep Resort Police in determining and finding the elements of crime from the perpetrator's actions, so that the investigation requires and/or presents expert witnesses to clarify the actions of the perpetrators. Factors hindering the effectiveness of law enforcement against illegal sand mining by the Pangkep Resort Police, namely; substance, structure, and legal culture. The three factors that most influence the criminal act of sand mining without a permit is the legal substance.

Abstract Breast milk substitute (BMS) marketing harms breastfeeding and public health. To control BMS marketing, the Member States of the World Health Organization is called upon to adopt all provisions of the International Code of Marketing of Breastmilk Substitutes (the Code) into national law. In 2017, Thailand adopted many provisions of the Code through the Control of Marketing Promotion of Infant and Young Child Food Act B.E. 2560 (the Act), including the establishment of a compliance monitoring system and enforcement mechanisms. Nevertheless, recent research showed widespread violations. This study aims to assess gaps in the monitoring system and the Act's enforcement in its first three years of operation. This qualitative research study employed in‐depth interviews between April and June 2020 with 34 key informants (KIs) from the Thai government, academia and civil society organisations. KIs identified gaps in six areas that could be mitigated to increase compliance with the Act. These gaps are unclear provisions on coverage of the Act; communications with retailers and the public; lack of strong direction and processes; inadequate budget allocations; skilled and confident human resources; and external factors which facilitate BMS marketing. Recommendations may be relevant for other countries and include revising and clarifying the Act, developing targeted communication strategies; providing clear monitoring direction including through setting key performance indicators related to the Act; and providing sufficient budget and training for authorised and support officers. Strengthening the health system and workplace support for breastfeeding and social marketing would also help address wider structural factors.

This article analyzes the problems of enforcement of non-pecuniary (personal) judgments. Such judgments are characterized by a specific coercive enforcement procedure, as it can only be executed by a specific person (debtor), and ordinary enforcement measures are generally not applied. The legal acts regulating the forced enforcement process determine several sanctions that the court has the right to apply to a debtor who does not comply with a personal court decision. Such sanctions are regulated in Article 145(9), Article 273(3), and Article 771(6) of the Code of Civil Procedure of the Republic of Lithuania. In court practice, a number of questions arise regarding the interpretation and application of the bases of these sanctions and their mutual compatibility. This article examines the cases in which the court should apply the sanctions established in the aforementioned articles and how their application allows the goals of the enforcement proceedings to be achieved. The article raises the question of whether the grounds for the application of these sanctions are adequately regulated, or whether the judicial practice interpreting them is justified.

Food safety regulation requires adequate resources. Due to its complexity, food safety regulation needs multidisciplinary stakeholder intervention. The National Agency for Drug and Food Control (NADFC) as the appointed body encountered problems in law enforcement works with other food safety-related bodies. The discussion focuses on the administrative enforcement of food safety regulation in Indonesia and these shortcomings is followed with analysis of some possible solutions. However, their performances are hampered by several issues. This research is conducted with a desktop study of information obtained from primary and secondary sources. Also, to get some insights to improve the administrative enforcement in Indonesia, this study is carried out using comparative method. Therefore, the New South Wales (NSW) laws, regulations, policies, and principles are analysed. This study finds that the drawbacks of the administrative enforcement of food safety regulation in Indonesia is caused by limited enforcement funding; lack of community knowledge and awareness towards food safety; lack of competent food inspectors; and lack of coordination between food safety administrative bodies. Some recommendations have been proposed, namely applying industry funding; implementing food hygiene rating; establishing enforcement guidelines; and appointing a single coordinating body for food safety.

Abstract Ecosurveillance has proliferated in recent years, generating vast amounts of data on the natural environment. Ecosurveillance also has significant potential impacts on humans; therefore, researchers and policymakers need new conceptual tools to anticipate and mitigate any negative effects. Surveillance studies is an interdisciplinary field in the social sciences, providing a number of insights and practical lessons for predicting and managing the complex impacts (positive and negative, intended and unintended) of surveillance tools and practices. We draw on surveillance studies literature to propose two tools to guide designers and practitioners of ecosurveillance—a ‘red flag checklist’ to anticipate potential problems, and a ‘considerations guide’ to inform design decisions across a wide range of ecosurveillance systems. These tools will help ensure that the coming era of ecosurveillance is guided by responsible and ethical practices towards wildlife and humans alike, while also realizing the potential of these technologies for improving environmental outcomes. Read the free Plain Language Summary for this article on the Journal blog.

One common criticism of the EU’s competition regime is that it hinders adequate mitigation of crises by preventing a collaborative response to the problem. We suggest that this view is incorrect. We suggest that a collaborative response is unlikely to effectively mitigate most problems. Yet some forms of cooperation can facilitate a crisis solution. These may be at the margin of legality, giving uncertainty as to whether the proposed practice is permitted. With the possibility of significant penalties for competition infringements, most undertakings will not engage in such cooperative practices. There are significant legal and institutional impediments to providing this Guidance. Such gaps lead to uncertainty found in the nature of the EU competition rules and in NCA practice. We argue that the means forward is with greater engagement and guidance by the Commission and NCAs.

The Internal Market is the main element of European economic integration, the achievement of which was provided for in the Treaty establishing the European Economic Community (Rome, 1957). The implementation of the four fundamental freedoms of movement for the benefit of the citizens of the Member States was one of the major objectives of the Internal Market and led to the adoption of specific European rules, the respect of which is ensured by the Member States under the supervision of the European Commission. Currently, the Treaty on European Union mentions, among the Union objectives, the establishment of the Internal Market, and the Treaty on the Functioning of the European Union provides for the shared competence of the European Union with the Member States in the field of the Internal Market. The rules adopted at Union level for the achievement of the freedoms of movement must be implemented by the authorities of the Member States for the advantage of the citizens of the Member States and of undertakings. In the situation of noncompliance with these rules, the European Commission may bring the Member State concerned before the Court of Justice of the European Union. Thus, the completion of the Internal Market depends on the way in which the three actors interact - the European Commission, the Member States and the citizens according to their specific interests. In conclusion, the full completion of the Internal Market area requires a balanced and effective action carried out by the European Commission, the Member States and their citizens, based on a transparent and collaborative approach.

Abstract Sustainable reclamation practices for large surface coal mines in USA semiarid environment contribute to the quality of the environmental on a long term basis where environmental resources are protected for future generation. Land, after reclamation, must be suitable for the previous use of greatest economic or social values to the community area. In the semiarid climate of USA, non-developed land is mainly utilized for crops, grazing, and wildlife. Completion of various stages of the reclamation processes includes verification and approval of reclamation criteria and performance standards created by state agencies. The sustainable reclamation practices were investigated at the USA’s largest surface coal mine of the semiarid environment in Wyoming. These practices include building post-mining topography to the approximate original contour and reestablish a stable hydrologic system to drain surface water. All available spoil material is backfilled and graded to achieve the post-mining topography which closely resembles the pre-mining topography. No overburden material or other coal waste material is left in stockpiles at the mine. Detailed planning until the end of mining, the knowledge of available volumes of suitable backfill material and soil is necessary for sustainable management practices. Diverse and permanent vegetation capable of stabilizing soil surfaces and capable of self-regeneration is established. Sustainable management of the reclamation effort is achieved by enforcement processes developed by the state and federal agencies. Monthly inspections of mining and reclamation operations and reviews of annual reports submitted by the operator help determine if the reclamation processes are occurring according to the permit plan.

Road traffic safety is a crucial global objective. It is important for every country to review and improve road safety policies and strategies, based on an objective understanding of its own road traffic safety situation in the world. With the aim of contributing to such a review and understanding, this study conducted a multi-country survey to gather information about various facts related to legislation, enforcement, and education, which are designed to achieve safer drivers in nine countries, by using a common format. This paper introduces the results of the survey with a particular focus on legislation and enforcement regarding speed limit violations and red-light-running as well as on education within the driving licensing systems. It highlights variations, in terms of penalty settings and enforcement levels, in different countries; it also examines the training durations necessary for acquiring a driving license and license renewal procedures. In this way, it demonstrates the potential and significance of understanding the relative position of each country in terms of road traffic safety through an international comparison despite its limited information.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1463-1484 | Article | (Table of Contents) I. Introduction. - II. Key features of the general framework of implementing and adapting EU law. - III. Sui generis aspects of the framework governing the implementation of the law of EMU. - III.1. The ECB's implementing function under SSM. - III.2. Enforcement as a separate executive function from implementation under art. 291 TFEU. - III.3. The exception of Council implementation under art. 291(2) TFEU. - IV. A constitutional assessment. - IV.1. The ECB's implementing function under the SSM. - IV.2. Implementation by the Council. - V. Conclusion. | (Abstract) This Article compares the implementation of EMU law with the framework governing the implementation of EU law in general to determine whether that general framework has been complemented, adapted or transformed by the developments in the area of EMU Law. This Article finds that the legal framework governing the implementation of EMU law indeed deviates from the default framework. However, part of the sui generis framework for implementing EMU law is constitutionally mandated. On the other hand, it is less clear whether the ECB is entitled to supplement legislation or whether in fact it can only implement legislation. A second problematic aspect that this Article identifies is the significant role that the Council takes in implementing EMU law. Finally, it is in the area of EMU law that the Court identified a distinct type implementing power that is not covered by art. 291 TFEU or by other explicit legal bases in the Treaties that directly confer an executive power on the Council. The new type of power is not necessarily restricted to EMU law and can in principle be identified in other areas of EU law, showing the ramifications that the development of EMU law has on other areas of EU law.

ABSTRACTChanges linked to forest management institutions in diverse communities and cultural settings continue to attract research interest. However, comparative insights on their manifestations are lacking in Former British and Former French Cameroon. We trace the evolution of forest management institutions in the Kilum-Ijim and Santchou landscapes of Cameroon and analyse their compliance determinants, using key informant interviews (n = 12), focus group discussions (n = 6) and household surveys (n = 150). The results revealed a fairly stable culturally embedded institutional landscape in Kilum-Ijim, and a significant multiplication of structural institutions for Santchou. The logistic regression showed that perception and compliance with forest management institutions substantially depend on educational attainment, migration, membership in organisations, length of stay in the area and proximity of respondents to protected areas. The conclusion drawn is that landscapes which came under British colonial influence have fairly stable culturally embedded institutions, when compared to those that came under French influence. These site-specific traits shed light on the complexities linked to embedded institutions and their evolution. It further edifies theoretical perspectives on critical institutionalism. Studies on the source and content of the ‘last vestiges’ of these institutions are required.

One of the legality principle's guarantees concerning the enforcement procedure is the one referring to the performance of enforcements acts by the competent bailiff. The law provides for certain situations regarding the prorogation of the bailiff's jurisdiction. The article analyses the possible interpretations of the relevant legal provisions in the matter (especially art. 652 para. (2) of the Civil Procedure Code) and their practical consequences. Thus, the applicability of the rules on the prorogation of the bailiff's jurisdiction in matters of garnishment is herein analyzed. The issue on the prorogation of the bailiff's jurisdiction in the case of a plurality of debtors is also being addressed.

The implications of a binding minimum wage law on employment have been the subject of a lively and ongoing debate. Estimation of employment effects may be hindered by the non-random manner in which minimum wage laws are created. To overcome this, we explore the employment implications of the minimum wage in the US restaurant industry through an approach that exploits variation in compliance, as opposed to legislation. In the five US states without state minimum wages, violations of the US federal minimum wage are shown to be associated with decreased employment in the restaurant industry in the time period around the federal minimum wage increases of 2007 through 2009. The most robust specification shows an elasticity of employment with respect to unpaid wages of -0.233. Robustness checks use earlier time periods to show results do not reflect seasonal trends, vary the group of industries used as controls, and only use 2007 to show estimates are not confounded by a unique effect of the Great Recession on the restaurant industry.

The increasing use of single-use plastic bags has led to a global concern. Cities in developing countries are enforcing a (single-use) plastic bags ban to reduce the use of plastic in the retail supply chain. In Nepal, some retailers such as fashion outlets and pharmacies support the ban and others like dairy shops protest. This analysis aims to investigate how retailer heterogeneity in terms of shop characteristics and social association influences bag use behavior and compliance with the plastic bag ban in Nepal. This study based on the 1300 retailers’ plastic bag use data in three different plastic bag ban scenarios from 13 municipalities of Nepal shows that retailers’ response to the ban depends on their shop type, the nature of the goods they sell, and their social association. In addition, retailers' perception also affect their response to the plastic ban decision. Their perception of the performance of regulatory authority is likely to affect their compliance. Similarly, retailers who consider that the municipality has strong enforcement in place, tend to cooperate with the ban. This article highlights the need for retailer-specific interventions to reduce bag use.

Enforcement proceedings shall be effective and all procedural guarantees of the right to a fair trial shall be ensured. This article examines the problems of recovery from property pledged by mortgage or pledged for the benefit of third parties. The Law on Civil Procedure of the Republic of Lithuania allows recovery from such property in enforcement proceedings only when the creditor does not contest this possibility. However, this creditor right is not absolute, and the creditor shall not abuse this this right. This article analyses how the protection of a claim secured by a mortgage or pledge must be reconciled with the goal of an effective enforcement process when there is a need to recover from property secured by a mortgage or pledge. The article assesses the procedural problems that arise for the bailiff in order to perform recovery from such property, the legal status of the mortgagee or pledge creditor, and the rights and obligations in the process of execution. The relevant case law shows that one of the fundamental problems in such collection procedures is the objection of the mortgage or pledge creditor to the recovery of the property pledged to them. It also examines how such consent should be expressed, what legal consequences arise when the creditor opposes such recovery, and in which cases recovery from mortgaged or pledged property is possible without the creditor’s consent.

This paper analyses the language of EU leaders and its influence on the implementation of EU asylum law by triggering derogations, exceptions and amendments. It compares this process with regards to the 2015 refugee crisis, the Belarus border crisis and the current Ukrainian crisis to portray how the reaction to similar facts differs and, hence, to show how EU asylum policy suffers from a lack of rule of law. As the crisis in Ukraine unfolds, one can observe how strongly the narrative of EU leaders differs regarding these refugees compared to those from, e.g., Syria and Afghanistan in previous years. It shows a “U-turn” of the EU’s agenda since 2015. Hence, it has become clear that the problem lies less in sufficient contingencies for a sudden influx, but rather a feeling – or lack – of solidarity. From a legal perspective, there is no distinction between the responsibility for asylum applicants based on their nationality. To the contrary, refugee protection builds on the prohibition of discrimination. This has potentially negative implications for the rule of law in the EU. Hence, this paper investigates how EU leaders “talk” their way into applying or not applying EU law and even create EU law at their will simply by describing the arrivals as a security threat, a “hybrid attack” or instead as neighbors in need, as “family”. Received: 31 July 2022 Accepted: 13 October 2022

This special issue of the Deusto Journal of European Studies includes seven of the contributions presented during the International Conference entitled “The EU Migration, Border Management and Asylum Reform in the Aftermath of the Refugee Crisis: Towards an Effective Enforcement”, held at the University of Deusto on June 2 and 3, 2022. This event took place within the framework of the activities of the Jean Monnet Network on EU Law Enforcement (EULEN). This Erasmus+ project’s ambition is to bring academics and practitioners together, to address the challenges for EU law enforcement in a world without territorial borders. In particular, this special issue reveals that since the 2015 “refugee crisis” the EU is experiencing an acute implementation deficit and that several enforcement and implementation discrepancies remain at the national level.

INTRODUCTION. Since January 1, 2015, a new body of international justice, the Court of the Eurasian Economic Union (hereinafter – Court of the EAEU, the Court) has been functioning. This Court operates in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter – the Treaty on the EAEU), as well as the Statute of the Court of the Eurasian Economic Union (Appendix No. 2 to the Treaty on the EAEU; hereinafter the Statute). The EAEU Court replaced the Eurasian Economic Community Court (hereinafter – the EurAsEC Court), which functioned from January 1, 2012 to December 31, 2014 and had a scope of powers comparable to the current EAEU Court. These bodies have developed a significant amount of case-law on various issues of Eurasian integration, which, by virtue of paragraph 1 of Article 1 of the Treaty on the EAEU, presupposes freedom of movement of goods, capital, services, and labor forces. Thus, the EurAsEC Court and the EEU Court have delivered judicial acts on various issues of lifting barriers in the Eurasian market, customs classification, regulation of the activities of leasing companies, competition law, the status of foreign athletes in sports competitions, currency movement between the EAEU member states and other issues inwhich international law (EAEU law) was applied and interpreted.MATERIALS AND METHODS. The article examines law on the activities and competence of the EAEU Court, as well as the judicial practice of the EAEU Court and the EurAsEC Court. The article examines the differences between the judicial acts of the EAEU Court – judgments and advisory opinions. The doctrine is considered, which indicates that the decisions of this supranational judicial body (that is, the body to which the Union member states have transferred competence to consider disputes previously considered in national courts in relation to decisions (actions, inaction) of state bodies; access to which is without exhausting domestic legal remedies) entail legal consequences towards an indefinite set of persons (erga omnes), and non-binding acts of the Court, advisory opinions. The practice of execution of decisions and advisory opinions of the EAEU Court at various levels is considered in the present article.During the research, general scientific methods were used: historical, formal legal, system analysis, comparative analysis, etc.RESEARCH RESULTS. The study made it possible to come to the conclusion that by now, in general, a positive practice of execution of decisions and advisory opinions of the EAEU Court has been formed. This body influences the legal reality of both the EAEU and its member states through the judicial acts rendered by it – the EAEU Court makes decisions that are generally executed by the EAEU member states, the EEC voluntarily or compulsorily. At the same time, the EAEU court does not always take into account its own practice in the cases under consideration. The advisory opinions of the EAEU Court are сonsidered by both the EEC and the member states of the Union in the context of lawmaking and law enforcement.DISCUSSION AND CONCLUSIONS. The topic of the article aims to reveal how the decisions and advisory opinions of the EAEU Court are executed. The study identified the features of the competence of the EAEU Court at the present stage, as well as possible ways of its development until 2025. The similarities and differences of judicial acts of the EAEU Court – binding decisions and non-binding advisory opinions – are considered. It was concluded that the decisions of the EAEU Court differ from decisions of other international courts – they are binding erga omnes and have the functions of restoring violated rights and directing the judicial practice of national courts, while the advisory opinions can be considered exclusively non-binding only in part, since they contribute to the formation of opinio juris of States and the Eurasian Economic Commission.The study showed that the execution of decisions and advisory opinions of the EAEU Court occurs at various levels – by the Court itself, by the losing party (voluntarily or compulsorily), in the national judicial authorities; the practice of execution of advisory opinions made it possible to reveal that the advisory opinions of the EAEU Court are essential, since they form opinio juris in the EAEU and are taken into account by national judicial and legislative bodies in various fi lds – antitrust regulation, establishing the status of foreign players in sports competitions and others, as well as helping to protect the interests of international civil servants of the EAEU bodies.

Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain difficulty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Office of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.