2019Kherson State University Herald Series Legal SciencesRequires access

GENESIS AND CHARACTERISTICS OF REGION IN THE NORMATIVE LEGAL ACTS OF EUROPEAN COMMUNITIES FROM 1957 TO 1987

Kolisnyk Maksym

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Abstract

Purpose. The article explores the genesis, development and characteristics of the region in the normative legal acts of the European Communities. The objective is to analyse the phenomenon of region in “acquis сommunautaire” at the forming of European single market. Methods of the research are etymological, historical and comparative. The results of etymological analysis discovered the region as a part of the territory of a state or a group of states that are homogeneous according to one or a set of criteria and have specific interests. In the legal sense, the region is not an abstract phenomenon because it means a specific territory with a community of people. Results of historical method revealed the conceptual approach of the European Communities to the regions which distinguishes the territories according to their economic structure (industrial, semi-industrial and agricultural preponderance), and on the other hand, takes into account the dynamic factors of economic, social and technical changes (demographic trends, employment and regional production). The results of comparative analysis identified the legal basis and the characteristics of the region as phenomena linked to the common economic and social development problems which can be statistically measured and compared. The article outlines political and statistical factors that explain this approach to the region. Consequently, European Communities law applies the typology of regions based on the criterion of the intensity of social and economic problems : the less-developed (or backward) regions; declining industrial regions, agricultural regions; urban problem regions; peripheral regions; frontier areas with special needs. Conclusions of the article highlighted a tendency towards the transfer of powers in regional development to the European Economic Community which improves its mechanisms and tools of governance (legal, financial, etc.). Other conclusion revealed a trend of the regions’ transformation from object into an independent actor of the European governance.

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What this paper is about

Purpose. The article explores the genesis, development and characteristics of the region in the normative legal acts of the European Communities. The objective is to analyse the phenomenon of region in “acquis сommunautaire” at the forming of European single market. Methods of the research are etymological, historical and comparative. The results of etymological analysis discovered the region as a part of the territory of a state or a group of states that are homogeneous according to one or a set of criteria and have specific interests. In the legal sense, the region is not an abstract phenomenon because it means a specific territory with a community of people. Results of historical method revealed the conceptual approach of the European Communities to the regions which distinguishes the territories according to their economic structure (industrial, semi-industrial and agricultural preponderance), and on the other hand, takes into account the dynamic factors of economic, social and technical changes (demographic trends, employment and regional production). The results of comparative analysis identified the legal basis and the characteristics of the region as phenomena linked to the common economic and social development problems which can be statistically measured and compared. The article outlines political and statistical factors that explain this approach to the region. Consequently, European Communities law applies the typology of regions based on the criterion of the intensity of social and economic problems : the less-developed (or backward) regions; declining industrial regions, agricultural regions; urban problem regions; peripheral regions; frontier areas with special needs. Conclusions of the article highlighted a tendency towards the transfer of powers in regional development to the European Economic Community which improves its mechanisms and tools of governance (legal, financial, etc.). Other conclusion revealed a trend of the regions’ transformation from object into an independent actor of the European governance.

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Available abstract

Purpose. The article explores the genesis, development and characteristics of the region in the normative legal acts of the European Communities. The objective is to analyse the phenomenon of region in “acquis сommunautaire” at the forming of European single market. Methods of the research are etymological, historical and comparative. The results of etymological analysis discovered the region as a part of the territory of a state or a group of states that are homogeneous according to one or a set of criteria and have specific interests. In the legal sense, the region is not an abstract phenomenon because it means a specific territory with a community of people. Results of historical method revealed the conceptual approach of the European Communities to the regions which distinguishes the territories according to their economic structure (industrial, semi-industrial and agricultural preponderance), and on the other hand, takes into account the dynamic factors of economic, social and technical changes (demographic trends, employment and regional production). The results of comparative analysis identified the legal basis and the characteristics of the region as phenomena linked to the common economic and social development problems which can be statistically measured and compared. The article outlines political and statistical factors that explain this approach to the region. Consequently, European Communities law applies the typology of regions based on the criterion of the intensity of social and economic problems : the less-developed (or backward) regions; declining industrial regions, agricultural regions; urban problem regions; peripheral regions; frontier areas with special needs. Conclusions of the article highlighted a tendency towards the transfer of powers in regional development to the European Economic Community which improves its mechanisms and tools of governance (legal, financial, etc.). Other conclusion revealed a trend of the regions’ transformation from object into an independent actor of the European governance.

Key concepts: Normative, Political science, Epistemology, Environmental ethics, Sociology, Law, Philosophy

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GENESIS AND CHARACTERISTICS OF REGION IN THE NORMATIVE LEGAL ACTS OF EUROPEAN COMMUNITIES FROM 1957 TO 1987 — Research Paper | ScholarLens