{"title":"欧洲研究基础设施联盟:欧盟研究基础设施的组织和法律形式","authors":"V. Kokhan","doi":"10.37772/2518-1718-2023-1(41)-4","DOIUrl":null,"url":null,"abstract":"Problems setting. The scientific work is devoted to the legal form of research infrastructures in the European Union the European Research Infrastructure Consortium. The ERIC Regulation facilitates the quicker establishment of European Research Infrastructures by saving time in avoiding the repetition of negotiations, project by project, to analyse and discuss the best legal form for such international research organisations, with related advantages and disadvantages and the time saved in avoiding discussions in each national parliament related to the approval of a needed international agreement in case the ERIC Regulation would not have existed. Analysis of recent researches and publications. The issue of the functioning of research infrastructures in the EU in the form of ERIC has been relevant in European scientific literature for the last decade. In particular, it is worth noting studies by Maria Moskovko, Arnljotur Astvaldsson and Olof Hallonsten, Carlo Rizzutto. In Ukraine, some issues of legal regulation and information support of research infrastructures were studied by Golovashchenko O.S., Lyubchych A.M., Mamayev I.O. There are no thorough studies of the legal status of research infrastructures in the national jurisprudence, which is due to the novelty of this topic in the law of Ukraine. Target of the research is to provide an overview of the dominant legal form of functioning of research infrastructures in the European Union, the history of its implementation, legal regulation, features of activity. Article’s main body. The European Research Infrastructure Consortium is a legal entity established by a decision of the European Commission. It has legal personality and full legal capacity recognized in all EU Member States. The internal structure of the European Research Infrastructures Consortium is defined in the statute by its founding countries. The ERIC legal framework can be used for new or existing research infrastructures, locally located or distributed research infrastructures. The European Research Infrastructures Consortium has been granted the status of an international organization within the EU legal system, but it is not an international organization according to the international law, as the decision to establish ERIC is taken by the European Commission. Much attention is paid to the EU legal framework that allowed the introduction of the European Research Infrastructure Consortium – Council Regulation (EC) No 723/2009 on the Community legal framework for the European Research Infrastructures Consortium. The article specifies the law that applies to the European Research Infrastructures Consortium. The activities of the European Research Infrastructures Consortium are governed by EU law, additionally by the national law of the Member State where it’s located, and the statute, internal documents of ERIC. The legislation of the host state is to be applied in resolving issues related to the implementation of the statutory tasks of ERIC. Conclusions and prospects for development. The implementation of the legal framework of the European Research Infrastructure Consortium has resulted in removing legislative obstacles that hindered the development of cooperation of EU Member States with partners from other countries in the field of science. It has also led to the establishment a common European legal framework for scientific activities and thus has resulted in the development of the European Research Area. Despite the fact that more than ten years have passed since the implementation of the legal regulation of the functioning of research infrastructures in the form of ERIC, it is still in its infancy and questions arise in the process of its application. However, the rapid establishment of research infrastructures in the form of ERIC shows that it is effective for the development of research infrastructures in Europe and the establishment of the European Research Area.","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"97 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"European Research Infrastructure Consortium: The Organizational and Legal Form of Research Infrastructures in the European Union\",\"authors\":\"V. 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In particular, it is worth noting studies by Maria Moskovko, Arnljotur Astvaldsson and Olof Hallonsten, Carlo Rizzutto. In Ukraine, some issues of legal regulation and information support of research infrastructures were studied by Golovashchenko O.S., Lyubchych A.M., Mamayev I.O. There are no thorough studies of the legal status of research infrastructures in the national jurisprudence, which is due to the novelty of this topic in the law of Ukraine. Target of the research is to provide an overview of the dominant legal form of functioning of research infrastructures in the European Union, the history of its implementation, legal regulation, features of activity. Article’s main body. The European Research Infrastructure Consortium is a legal entity established by a decision of the European Commission. It has legal personality and full legal capacity recognized in all EU Member States. The internal structure of the European Research Infrastructures Consortium is defined in the statute by its founding countries. The ERIC legal framework can be used for new or existing research infrastructures, locally located or distributed research infrastructures. The European Research Infrastructures Consortium has been granted the status of an international organization within the EU legal system, but it is not an international organization according to the international law, as the decision to establish ERIC is taken by the European Commission. Much attention is paid to the EU legal framework that allowed the introduction of the European Research Infrastructure Consortium – Council Regulation (EC) No 723/2009 on the Community legal framework for the European Research Infrastructures Consortium. The article specifies the law that applies to the European Research Infrastructures Consortium. The activities of the European Research Infrastructures Consortium are governed by EU law, additionally by the national law of the Member State where it’s located, and the statute, internal documents of ERIC. The legislation of the host state is to be applied in resolving issues related to the implementation of the statutory tasks of ERIC. Conclusions and prospects for development. The implementation of the legal framework of the European Research Infrastructure Consortium has resulted in removing legislative obstacles that hindered the development of cooperation of EU Member States with partners from other countries in the field of science. It has also led to the establishment a common European legal framework for scientific activities and thus has resulted in the development of the European Research Area. Despite the fact that more than ten years have passed since the implementation of the legal regulation of the functioning of research infrastructures in the form of ERIC, it is still in its infancy and questions arise in the process of its application. However, the rapid establishment of research infrastructures in the form of ERIC shows that it is effective for the development of research infrastructures in Europe and the establishment of the European Research Area.\",\"PeriodicalId\":133481,\"journal\":{\"name\":\"Law and innovations\",\"volume\":\"97 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and innovations\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37772/2518-1718-2023-1(41)-4\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and innovations","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37772/2518-1718-2023-1(41)-4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
问题设置。科学工作致力于欧盟研究基础设施的法律形式,即欧洲研究基础设施联盟。ERIC法规通过避免重复谈判,节省时间来分析和讨论这些国际研究组织的最佳法律形式,以及相关的优势和劣势,从而节省时间,从而促进了欧洲研究基础设施的更快建立,避免了在每个国家议会中讨论有关批准所需国际协议的时间,以防ERIC法规不存在。分析最近的研究和出版物。在过去的十年中,欧盟研究基础设施以ERIC的形式运作的问题一直与欧洲科学文献相关。尤其值得注意的是Maria Moskovko、Arnljotur Astvaldsson和Olof Hallonsten、Carlo Rizzutto的研究。在乌克兰,Golovashchenko o.s.、Lyubchych A.M、Mamayev I.O.等学者对研究基础设施的法律规制和信息支持等问题进行了研究。由于研究基础设施的法律地位在乌克兰法律中尚属新颖性,因此在国家法理学中尚未有深入的研究。该研究的目标是提供欧盟研究基础设施功能的主要法律形式的概述,其实施的历史,法律法规,活动的特点。文章的主体。欧洲研究基础设施联盟是由欧盟委员会决定成立的法律实体。它具有欧盟所有成员国承认的法人资格和完全法律行为能力。欧洲研究基础设施联盟的内部结构由其创始国家在章程中确定。ERIC法律框架可用于新的或现有的研究基础设施,本地或分布式研究基础设施。欧洲研究基础设施联盟在欧盟法律体系内被授予国际组织的地位,但根据国际法,它不是一个国际组织,因为建立ERIC的决定是由欧盟委员会做出的。欧盟法律框架备受关注,该框架允许引入欧洲研究基础设施联盟-关于欧洲研究基础设施联盟的共同体法律框架的理事会条例(EC) No 723/2009。该条款规定了适用于欧洲研究基础设施联盟的法律。欧洲研究基础设施联盟的活动受欧盟法律管辖,此外还受其所在成员国的国家法律以及ERIC的法规和内部文件的管辖。东道国的立法将适用于解决与执行ERIC法定任务有关的问题。结论和发展前景。欧洲研究基础设施联盟法律框架的实施已经消除了阻碍欧盟成员国与其他国家的伙伴在科学领域开展合作的立法障碍。它还导致为科学活动建立了一个共同的欧洲法律框架,从而导致了欧洲研究区的发展。尽管以ERIC的形式对研究基础设施的功能进行法律规制已经过去了十多年,但它仍处于起步阶段,在应用过程中出现了一些问题。然而,ERIC形式的研究基础设施的快速建立表明,它对欧洲研究基础设施的发展和欧洲研究区的建立是有效的。
European Research Infrastructure Consortium: The Organizational and Legal Form of Research Infrastructures in the European Union
Problems setting. The scientific work is devoted to the legal form of research infrastructures in the European Union the European Research Infrastructure Consortium. The ERIC Regulation facilitates the quicker establishment of European Research Infrastructures by saving time in avoiding the repetition of negotiations, project by project, to analyse and discuss the best legal form for such international research organisations, with related advantages and disadvantages and the time saved in avoiding discussions in each national parliament related to the approval of a needed international agreement in case the ERIC Regulation would not have existed. Analysis of recent researches and publications. The issue of the functioning of research infrastructures in the EU in the form of ERIC has been relevant in European scientific literature for the last decade. In particular, it is worth noting studies by Maria Moskovko, Arnljotur Astvaldsson and Olof Hallonsten, Carlo Rizzutto. In Ukraine, some issues of legal regulation and information support of research infrastructures were studied by Golovashchenko O.S., Lyubchych A.M., Mamayev I.O. There are no thorough studies of the legal status of research infrastructures in the national jurisprudence, which is due to the novelty of this topic in the law of Ukraine. Target of the research is to provide an overview of the dominant legal form of functioning of research infrastructures in the European Union, the history of its implementation, legal regulation, features of activity. Article’s main body. The European Research Infrastructure Consortium is a legal entity established by a decision of the European Commission. It has legal personality and full legal capacity recognized in all EU Member States. The internal structure of the European Research Infrastructures Consortium is defined in the statute by its founding countries. The ERIC legal framework can be used for new or existing research infrastructures, locally located or distributed research infrastructures. The European Research Infrastructures Consortium has been granted the status of an international organization within the EU legal system, but it is not an international organization according to the international law, as the decision to establish ERIC is taken by the European Commission. Much attention is paid to the EU legal framework that allowed the introduction of the European Research Infrastructure Consortium – Council Regulation (EC) No 723/2009 on the Community legal framework for the European Research Infrastructures Consortium. The article specifies the law that applies to the European Research Infrastructures Consortium. The activities of the European Research Infrastructures Consortium are governed by EU law, additionally by the national law of the Member State where it’s located, and the statute, internal documents of ERIC. The legislation of the host state is to be applied in resolving issues related to the implementation of the statutory tasks of ERIC. Conclusions and prospects for development. The implementation of the legal framework of the European Research Infrastructure Consortium has resulted in removing legislative obstacles that hindered the development of cooperation of EU Member States with partners from other countries in the field of science. It has also led to the establishment a common European legal framework for scientific activities and thus has resulted in the development of the European Research Area. Despite the fact that more than ten years have passed since the implementation of the legal regulation of the functioning of research infrastructures in the form of ERIC, it is still in its infancy and questions arise in the process of its application. However, the rapid establishment of research infrastructures in the form of ERIC shows that it is effective for the development of research infrastructures in Europe and the establishment of the European Research Area.