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1
Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Puetz, Achim. "‘Extraterritoriality’ in European Law: Airfreight and Beyond." Air and Space Law 46, Issue 6 (November 1, 2021): 763–84. http://dx.doi.org/10.54648/aila2021048.
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Air carriers operate, almost by definition, in an international environment. Under air services agreements (ASAs) concluded by European Union (EU) Member States with third countries, with or without the involvement of European institutions, many non-EU airlines offer flights to or from the Union. However, the correlative increase in competition has not only positive effects, e.g., a wider offer and more advantageous flight rates. The fact that the obligations imposed on – and, in general, the conditions applicable to – non-European carriers in their respective countries of origin are different from those that weigh on European airlines leads to situations in which EU and non-EU carriers do not compete on equivalent terms. Furthermore, anticompetitive behaviour on the part of the airlines cannot be ruled out. The question then is whether and to which extent European legislation is applicable to non-EU carriers, both in terms of competition law and sector-specific regulations. The present article aims at reviewing the current state of ‘extraterritorial’ application of European law, mainly from an antitrust perspective, and it does so on the basis of a thorough analysis of a case currently pending before the General Court (GC), where the jurisdiction of the Commission has been challenged precisely for sanctioning non-EU carriers for acts performed outside the Common Market. Carriage by Air, Competition law, Jurisdiction, Extraterritorial Application of European Law, Air Services Agreements
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Jacobides, Michael G., and Ioannis Lianos. "Ecosystems and competition law in theory and practice." Industrial and Corporate Change 30, no. 5 (October 1, 2021): 1199–229. http://dx.doi.org/10.1093/icc/dtab061.
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Abstract One of the most profound changes in the industrial landscape in the last decade has been the growth of business ecosystems—groups of connected firms, drawing on (digital) platforms that leverage their complementors and lock in their customers, exploiting the “bottlenecks” that emerge in new industry architectures. This has created new asymmetries of power, where the “field” of competition is not the relevant product market, as is usually the case in competition law, but rather the ecosystem of various complementary products and associated complementor firms. These dynamics raise novel concerns over competition. After examining the foundational elements of the ecosystem concept, we review how ecosystems are addressed within the current scope of competition law and identify the gap in the existing framework of conventional competition law. We then move to a critical review of current efforts and proposals in the European Union for providing regulatory remedies for ex ante and ex post resolution of problems, focusing on the current (2020) proposals of the Digital Market Act on ex ante regulation, with its particular focus on “gatekeepers.” We also review recent regulatory initiatives in European countries that focus on ex post regulation and on the role of business models and ecosystem architectures in regulation before providing a deep dive into proposed Greek legislation that explicitly focuses on ecosystem regulation. We conclude with our observations on the challenges in instituting and implementing a regulatory framework for ecosystems, drawing on research and our own engagement in the regulatory process.
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Vlahek, Ana, and Klemen Podobnik. "Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 147–75. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.8.
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The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.
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Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.
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In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.
Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States. The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere. Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability. In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
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Ivanova, L. "Impact of regulatory features on waste management in Northern Europe." Proceedings of the Komi Science Centre of the Ural Division of the Russian Academy of Sciences, no. 3 (July 13, 2022): 66–72. http://dx.doi.org/10.19110/1994-5655-2022-3-66-72.
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The article discusses the problem of waste management relevant for the Russian Federation and its Arctic regions on the example of a number of Arctic states – the countries of Northern Europe. The existing waste management system, features of the relevant regulatory framework and competition development in this area are considered. The legislative framework of waste management in the northern countries is heavily influenced by the European Union directives and international law. The northern countries have much in common, including cultural and legislative traditions, however there are significant differences between them.
In most northern countries, existing laws and other regulations to some extent limit competition in waste management. It imposes obligations, but at the same time provides broad waste management rights. Within the current legislative framework, there are opportunities to increase competition in the field of waste management. However, the existing regulatory framework may not be sufficient to improve the market structure or create new waste markets.
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Zavhorodnia, V. M. "The origin and development of the European Union sports policy and law." SUMY HISTORICAL AND ARCHIVAL JOURNAL, no. 39 (2022): 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.
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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
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Avdeeva, G. "PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE." Criminalistics and Forensics, no. 64 (May 7, 2019): 223–32. http://dx.doi.org/10.33994/kndise.2019.64.19.
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А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.
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Vyklický, Martin, Petr Man, Rudolf Franz Heidu, and Radek Jurčík. "Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic." DANUBE: Law and Economics Review 7, no. 1 (March 1, 2016): 19–39. http://dx.doi.org/10.1515/danb-2016-0002.
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Abstract Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010–2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.
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Bakalinska, Olga. "ADVOCACY OF COMPETITION IN THE WORLD AND UKRAINE: COMPARATIVE CHARACTERISTICS." Access to Justice in Eastern Europe 5, no. 4 (October 18, 2022): 1–14. http://dx.doi.org/10.33327/ajee-18-5.4-n000428.
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Background: The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places. Methods: In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law); interpretation of the rules, etc. One of the main methods used is the comparative method for researching the common and distinctive features of the advocacy of competition in the EU, USA, Mexico, the Republic of South Africa, and Ukraine. Results and Conclusions: The results show that countries with advanced economies have approached advocacy of competition gradually after more than a century of anti-monopoly competition legislation. In post-transformational economies, we see the formation of competitive policy principles activated after independence and the transition to market-based business practices. The globalisation of international trade relations leads to the need to implement complex competition advocacy programs and unify norms at the level of individual states and unions. Advocacy of competition remains important as a tool of self-regulation of economic activity. The European vector of Ukraine’s development caused the emergence of new mechanisms of interaction between the state, the individual, and society. Having chosen to strive for European integration, Ukraine began to build a new model of cooperation between all market participants, the introduction of which was based on the provisions of the Association Agreement between Ukraine, on the one hand, and the EU, the European Atomic Energy Community and their member states, on the other hand, using implementation mechanisms of both individual norms and entire institutions of public-private partnership. The implementation of competition advocacy mechanisms in Ukraine is applied using the mechanisms of the analogy of individual norms and tools of competition policy. The formation of new good competitive practices is connected with russia’s war.
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Taha, Jad A. "The External Implied Competence of the European Union and the Impact of Bilateral Treaties on the Taxation of Cross-Border Savings." Intertax 38, Issue 3 (March 1, 2010): 153–62. http://dx.doi.org/10.54648/taxi2010016.
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As part of a ‘tax package’ aimed at combating harmful tax competition, the European Community (now European Union) implemented a legislative instrument to allow for the effective taxation of cross-border interest payments, known today as the ‘Savings Directive’. However, what remained unregulated was the structure of tax levies on cross-border payments made from Member States into territories that are not part of the European Community. As a result, the European Community expressed its need to establish bilateral tax treaties with non-member state third countries and territories associated with the United Kingdom and the Netherlands. This move has produced conflicting schools of thought. On the one hand, the European Community has an interest in maintaining common policies with respect to taxes levied on cross-border payments made within its internal market. On the other hand, its regulation of taxes levied on cross-border payments to third parties has arguably set a precedent for an ‘external implied competence’ on issues that its Directives already regulate within the internal market. This article introduces this interplay scenario and studies the general impact of these treaties on the taxation of cross-border savings.
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Zarbà, Carla, Gaetano Chinnici, and Mario D’Amico. "Novel Food: The Impact of Innovation on the Paths of the Traditional Food Chain." Sustainability 12, no. 2 (January 11, 2020): 555. http://dx.doi.org/10.3390/su12020555.
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Novel food refers to any type of food which was not used for human consumption before the 15 May 1997 in a specific place. This date refers to the introduction of European Union Regulation (EC) No 258/1997 which regulated the placing of novel foods or novel food ingredients on the market within the community for the first time. Then, the Regulation (EU) 2015/2283 changed the existing legislation for the categories of food belonging to novel food in order to guarantee a higher level of protection of human health and consumer interests. Algae, which are not commonly consumed by people but are considered among the most widespread foods of the future, are one of the principal food products of natural plant origin in the regulation of novel foods. However, even if algae were not well-known in the past, nowadays they are integrated into the different food cultures of the EU. This circumstance led to an analysis of the contribution of trade flows, of algae for human consumption inside and outside Europe, on the trade balance of the member countries of the European Union. Analysis of the Eurostat database was used to provide an overview of the international trade dynamics affecting the trade development of algae for human consumption in the European Union, with the aim of measuring the competitive dynamics within member countries.
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Wang, Zhihao, and Jiefei Guo. "Research on Legal Protection of Geographical Indications." Learning & Education 9, no. 3 (December 29, 2020): 40. http://dx.doi.org/10.18282/l-e.v9i3.1569.
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With the development of the times, geographical indications have more and more influence on a country’s economy and culture. As a big country of geographical indication resources, China should make use of the benefits of geographical indications to promote economic and cultural development. However, due to the mixed legislative mode of Trademark Act, which includes TrademarkAct,Regulations on the protection of geographical indications andAdministrative measuresfor geographical indications of agricultural products, there are conflicts and confusion in the legal provisions, which is not conducive to the development of geographical indications in China. This paper discusses the protection mode of geographical indications in European Union, the United States and other countries, analyzes the advantages and disadvantages of special law protection, Trademark Act protection and anti-unfair competition law protection mode, and puts forward suggestions that China should adopt special law protection to make better use of China’s rich geographical indication resources in the way of strong protection.
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Maslov, A. O. "Legal Aspect of Applying Price Parity Clauses by Digital Platform Owners." Russian competition law and economy, no. 2 (June 29, 2022): 74–83. http://dx.doi.org/10.47361/2542-0259-2022-2-30-74-83.
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The article contains a legal analysis of the price parity clause. Its types from the point of view of Russian and foreign competition law. A number of decisions of Russian and foreign courts, antimonopoly regulators made on the basis of antimonopoly investigations against owners of digital platforms who used the clause on price parity in entrepreneurial activities were considered. A comparative analysis of these decisions was carried out to identify similarities and differences in approaches to the legal qualification of the actions of the owner of the digital platform on the use of the price parity clause. In particular, in the countries of the European Union, antitrust regulators and courts have qualified the relevant actions of the owner of the digital platform as a violation of the legislative ban on the conclusion of vertical agreements restricting competition. The Russian antimonopoly regulator and the courts qualify the actions of the owner of the digital platform as a violation of the ban on abuse of dominant position in the relevant commodity market.The article also considers the approaches of Russian and foreign competitive departments, courts to determine the boundaries of commodity markets, the participants of which are the owners of the digital platform.
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Chugunov, D. K., and R. A. Kasyanov. "The latest trends of the European regulation of hydrogen energy in the context of ensuring Russian interests." Law Enforcement Review 6, no. 1 (March 24, 2022): 150–61. http://dx.doi.org/10.52468/2542-1514.2022.6(1).150-161.
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The subject of research is the dynamic change in the regulatory and legal framework of the EU and its Member States in the field of energy, in particular, concerning the regulation of hydrogen projects.The purpose of the study is to propose a response from the Russian side to the measures taken by Europe.Methodology. The research methods include both theoretical (analysis, synthesis, deduction, induction, analogy) and special legal methods of cognition (formal legal and comparative legal).The main results and the scope of the study. The European Union initiated a comprehensive development of the energy sector within the framework of the European Green Deal: the emphasis on certain sectors is no longer placed. At the same time, there is a growing interest in hydrogen projects, which are facing the problem of absence of large-scale regulation and the difficulty of resolving financing issues. In contrast to neighboring countries, the German experience in hydrogen regulation has proved to be successful and closest to Russian interests. New energy (primarily hydrogen) markets in the EU are awaiting supranational regulation. Germany’s technical readiness has allowed it to quickly form the rules of the game in the emerging hydrogen network market, which should suit the Russian side in terms of tariffs and access. The EU is effectively adopting new documents and acts aimed at greater integration of various energy sectors within the Union and “discarding” traditional energy and its actors. The rapid development of the law reduces the chances of successful implementation of projects with the participation of non-EU member states.Conclusions. In the near future, in particular, on the eve of the emergence of hydrogen regulation at the EU level, Russia should reconsider the approaches to organizing the national energy policy and pay more attention to integration development. The opposite will entail economic losses and deprive the Russian side of competitive advantages and leverage. The study of the material can affect the improvement of energy legislation and business processes with the participation of third countries (for example, Russia), as well as their companies, interacting with the EU: for example, “Gazprom” Group is already considering various options for realizing hydrogen projects in Europe. Moreover, the EU experience can be useful for unlocking the energy potential of the Eurasian Economic Union. Separately, countries should consider the quantitative criterion and the phenomenon of 27 EU “heads” (by the number of member states), comprehensively improving energy orders at various levels, despite sometimes arising internal contradictions.
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Ferrari, Giuseppe Franco. "La complessitŕ dei mercati energetici e la necessitŕ di una regolazione multilivello." ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 3 (July 2009): 121–52. http://dx.doi.org/10.3280/efe2008-003006.
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- The energy markets are very complex, because, on the one hand, they imply several different activities and, on the other hand, they involve various levels of govern- 183 ment. The energy market is divided indeed in different segments: supply (generation or purchasing), transmission, distribution and sale, which are allocated at different levels of government, from the international and European level (with reference to the security of energy supply), to the local level (with specific regard to the distribution and sale). This complexity makes the energy sector particularly critical, under the pressure of political interests and economical needs. Another sensitive point is linked with the environmental protection, since the consumption of energy is one of the most polluting human activities, and the demand of energy is growing up together with the economical growth of the developing Countries. This problem is increasingly discussed at the international level, with reference to the climate change issue, in order to plan a sustainable development for the whole globe: because of it, the Kyoto Protocol was issued within the United Nation Framework Convention on Climate Change. It establishes legally binding commitments for the reduction of four greenhouse gases for all the 183 ratifying Countries, according the principle of common but differentiated responsibilities, and provides for the promotion of renewable energy. The European Union ratified the Protocol implementing the relative obligations through, for instance, the creation of the EU Emissions Trading Scheme (ETS). The European Union most of all addressed the competitive issue, since the 70s, in order to achieve the result to create a free energy market in Europe. The last results of the European energy policy were the directives on electricity and natural gas in 2004, that imposed the complete opening of the energy markets in almost all the European Countries (with few exceptions). The implementation of the European directives requires the intervention of the national level, since each Country has to modify its own regulatory framework, in order to comply with the directives. Everywhere in Europe, this process faces with several difficulties, but it is particularly hard in Italy, since the energy sector is traditionally public owned. Indeed, in our Country, the privatization and liberalization processes are strictly linked to another trend: the decentralization of legislative and administrative powers from the State to the Regions and Local Communities. Thus it is evident that the global governance of the energy sector, for its complexity and its sensibility, can only derive from a network of interventions by several levels of government, and different international, national and local actors, which realize a typical case of multilevel governance.Key words: Energy markets, competition, sustainable development, multilevel governance.JEL classifications: K21, K23.Parole chiave: Mercato energetico, concorrenza, sviluppo sostenibile, multilevel Governance.
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SZYDŁO, Wojciech Paweł. "A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law." Central and Eastern European Journal of Management and Economics 5, no. 2 (January 7, 2018): 199. http://dx.doi.org/10.29015/ceejme.627.
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Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law. Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law. Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.
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Predmestnikov, Oleh, and Vitaliy Gumenyuk. "HARMONIZATION OF ECONOMIC AND LEGAL MECHANISMS FOR DEEPENING EU-UKRAINIAN RELATIONS." Baltic Journal of Economic Studies 5, no. 1 (March 22, 2019): 174. http://dx.doi.org/10.30525/2256-0742/2019-5-1-174-181.
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The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal is to help to modernize the Ukrainian economy by expanding trade volumes with the EU and other countries, as well as reforming economic regulation mechanisms in line with the best European practices. Subject to the improvement of the business climate, Ukraine will become attractive for foreign and domestic investment for further production for export to the EU and other markets of the world. Harmonization of standards and European regulations has become a much more important process than the fulfilment of strictly technical requirements and underlies the introduction of effective governance without corruption. In the process of harmonization of interaction, an adaptive institutional mechanism was formed (the highest level – annual Summits; the key coordinator is the Association Council, consisting of members of the Council of the European Union and members of the European Commission, and members of the Cabinet of Ministers of Ukraine; the level of operational coordination – the Association Parliamentary Committee, which includes members of the European Parliament, representatives of the Verkhovna Rada of Ukraine, and the Civil Society Platform; in order to coordinate processes on the territory of Ukraine, the Ukrainian government has introduced a few supervisory committees and commissions). The harmonization of the economic aspect of the mechanism has been determined in solving issues of openness of markets for duty-free import from Ukraine in April 2014, obtaining a visa-free regime with the EU, abolishing export-import tariffs, implementing European technical standards for food safety, phytosanitary norms, competition policy, service provision, and public procurement policy. The issues of further deepening of relations include a review of the terms for the introduction of regulations and legislative provisions before their actual implementation, stabilization of financial and economic processes in the country, and further development of democratic values and social institutions.
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Varul, Paul. "Dear reader,." Juridica International 30 (October 13, 2021): 1–2. http://dx.doi.org/10.12697/ji.2021.30.00.
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This is the thirtieth issue of Juridica International. The first was published back in 1996, and, in general, one issue has been published each year since then. While 2007, 2008, 2014, and 2017 saw the publication of two issues each, no year has failed to feature. Though serving as a journal of the University of Tartu, Juridica International is also the only peer-reviewed legal journal published in Estonia to enjoy broad international distribution. Thus, for 26 years, it has been the calling card of Estonian jurisprudence on the world stage. However, it has been more than that. The involvement of foreign authors is just as important as the aim of providing Estonian authors with an opportunity to participate in international scientific discussion. There is every reason to be proud of the fact that the journal’s 30 issues have featured authors from 25 other countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Georgia, Germany, United Kingdom, Hungary, Italy, Kazakhstan, Latvia, Lithuania, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Sweden, Ukraine, and the USA. Among the authors are many who are in the uppermost echelon of the world’s leading professors in their field. In its first years, one of the main goals for Juridica International was to introduce and analyse the legal reforms carried out in Estonia, which were of vital interest to foreign readers as well; however, this has not been the case for a long time now. Today, the primary focus is on participation in international legal discussion, wherein, alongside the development of national law, great emphasis is placed on European Union law and other cross-border regulation whose reach extends between countries. That said, the purpose of introducing the development of Estonian law and legal thinking at international level has not been discarded. After all, Estonia is still highly noteworthy as a country of successful reforms, not least legal reforms. Therefore, a matter of ongoing interest is whether this country, which has succeeded so well with groundbreaking reforms, can be as successful in a stable situation across the board. The range of topics covered in the 30 issues of Juridica International is very wide; no important area of law has been neglected, and listing all of them would take too long. What could be highlighted above all are topics related to European Union law and the Constitution of Estonia, but also crucial are the writings on many issues related to aspects of the law of obligations, property law, company law, penal law, competition law, personal data protection, media law, medical law, international law, and several other fields. Significant attention has been paid to the possibilities for harmonisation of law and mutual interactions, both between countries and between distinct branches of law. Likewise, the writings have considered key general issues of law, such as its interpretation, the effect of justice policy on legislative drafting, and the protection of the fundamental rights and freedoms of individuals. The ability to publish a journal – and a reason to do so – exists only if readers are interested in that journal. What makes me the happiest is that, over the years, readers’ interest has increased and the geographical area within which people read Juridica International has grown. Most certainly, the fact that for quite some time the journal has been available online has contributed to this. A big ‘thank you’ to all of the readers! I also want to thank every one of the authors, the members of the editorial board, and my colleagues who have made it possible to publish 30 quality issues of Juridica International. I especially wish to highlight the contribution of the foreign members of the editorial board – professors Christian von Bar, Werner Krawietz (1933–2019), Erik Nerep, and Thomas Wilhelmsson – whose participation in the board’s work has played an important role in securing the solid international reputation of the journal. I hope for continued enthusiasm on the writers’ part and interest among readers for the next 30 issues!
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BROŽIČ, LILIANA. "EDITORIAL, SECURITY PERSPECTIVES." CONTEMPORARY MILITARY CHALLENGES 2022, no. 24/3 (September 30, 2022): 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Makhamataminovich, Makhamatov Mahmud. "FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Kherkhadze, Alim. "THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM." Economic Profile 17, no. 2(24) (December 25, 2022): 104–16. http://dx.doi.org/10.52244/ep.2022.24.03.
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In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Okuyucu-Ergün, Güne. "Anti-Corruption Legislation In Turkish Law." German Law Journal 8, no. 9 (September 1, 2007): 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Cyman, D., E. Gromova, and E. Juchnevicius. "Regulation of Artificial Intelligence in BRICS and the European Union." BRICS Law Journal 8, no. 1 (April 11, 2021): 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.
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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Vasylieva, Valentyna, and Anatolii Kostruba. "Corporate law in Ukraine within the framework of approaching the European Union standards." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Wils, Wouter P. J. "EU Anti-trust Enforcement Powers and Procedural Rights and Guarantees: The Interplay between EU Law, National Law, the Charter of Fundamental Rights of the EU and the European Convention On Human Righ." World Competition 34, Issue 2 (June 1, 2011): 189–213. http://dx.doi.org/10.54648/woco2011018.
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This paper deals with the powers of the European Commission and the competition authorities of the European Union (EU) Member States to enforce Articles 101 and 102 Treaty on the Functioning of the European Union (TFEU) and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the interplay between the different sources of law governing these matters: EU and national legislation, the Charter of Fundamental Rights of the EU, the European Convention on Human Rights, and the case law of the EU Courts and the European Court of Human Rights.
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Bree, Axel. "The Organisation of Waste Management in the European Union Member States." Journal for European Environmental & Planning Law 2, no. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Menabdishvili, Solomon. "Merger Control in Georgia – National Legislation and Case Law Review." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.8.
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Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
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Krämer, Ludwig. "Climate change and EU legal initiatives regarding water availability." Journal for European Environmental & Planning Law 6, no. 4 (2009): 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.
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AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.
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Tatarinova, S. S. "PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE." Juridical Analytical Journal 15, no. 1 (November 8, 2021): 10–14. http://dx.doi.org/10.18287/1810-4088-2020-15-1-10-14.
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The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.
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Basedow, Jürgen. "Freedom of Contract in the European Union." European Review of Private Law 16, Issue 6 (December 1, 2008): 901–23. http://dx.doi.org/10.54648/erpl2008069.
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Abstract: Freedom of contract is a fundamental principle of European private law. It is also implicitly recognized as a general principle of European Community Law. An open market economy with free competition, which the Treaty aims to implement (see Article 4 I), can only be achieved if contractual freedom in connection with a system ensuring effective competition within the internal market is guaranteed. However, the acknowledgement of contractual freedom as a general principle of Community Law stands in notable contrast to the European legislation on contract law. This legislation may be characterized by its fragmentation into numerous legal instruments which address issues of contract law by a great number of mandatory provisions in a rather selective and isolated manner. Even more problematic are the intrusions into the freedom of contract embodied in the various anti–discrimination directives, which go far beyond the traditional field of labour relations and directly impair the freedom of unhindered selection of a contractual partner in general business life. This conflict between the anti–discrimination provisions and the market economy principle may become even more apparent when the Charter of Fundamental Rights comes into force. Anchored within the Charter are not only several aspects of the freedom of contract, but also an extensive anti–discrimination provision. Directly applied in private law, it might endanger the market economy as the foundation of the European Union. Résumé: La liberté de contracter constitue le principe fondamental du droit privé européen. Il y a bien longtemps qu’elle est également reconnue comme un des principes généraux du droit de l’Union européenne. Une économie de marché ouverte gouvernée par la libre concurrence qui est envisagée par l’Art. 4 I CE ne peut être mise en place qu’en lien avec la liberté de contracter et la protection effective de la concurrence. Or, la reconnaissance de la liberté de contracter comme un principe général du droit de L’Union Europeenne fait clairement contraste à la législation européenne concernant le droit des contrats. Celle–ci est justement caractérisée par sa nature impérative et par sa fragmentation en plusieurs actes de législation successifs, qui ne s’adressent aux problèmes différents que de manière sélective et sans cohérence. Un véritable danger à la liberté de contracter émane des différentes directives anti–discrimination qui, désormais, vont bien au–delà du domaine initial du droit du travail. De cette façon celles– ci empiètent sur la liberté d’accepter ou de refuser un partenaire de contrat dans les relations civiles en général. Ceci rend manifeste un confl it avec les principes d’une économie de marché ouverte qui pourrait être considérablement accentué après que la Charte des droits fondamentaux sera mise en vigueur. Bien que celle–ci protège quelques aspects de la liberté de contracter, son Art. 21 pourrait se prêter à une interprétation dans le sens d’une stipulation anti–discriminatoire globale, qui, si appliquée directement aux rapports juridiques privés, menacerait le principe d’une économie ouverte fi gurant à la base de l’Union Européenne
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Pankov, Yevhenii, Olha Filipshykh, and Dmytro Boichuk. "Problems of the environmental law of the European Union." Problems of Legality, no. 155 (December 20, 2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Hanni, Noona. "Exclusive Distribution and Non-Compete Clause in Trade: Transnational Agreements in European Union and United States." Udayana Journal of Law and Culture 3, no. 2 (July 31, 2019): 141. http://dx.doi.org/10.24843/ujlc.2019.v03.i02.p02.
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Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.
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Rochette, Gustavo. "Is the French Nuclear Strategy Lawful Under EU Law? Article 194(2) TFEU and Its Limitations." European Energy and Environmental Law Review 29, Issue 6 (December 1, 2020): 232–39. http://dx.doi.org/10.54648/eelr2020047.
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The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Bezverkhyi, Kostiantyn. "Accounting in Ukraine: implementation of the European Union directives." Herald of Ternopil National Economic University, no. 1(87) (January 30, 2018): 136–51. http://dx.doi.org/10.35774/visnyk2018.01.136.
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The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.
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Jessurun d’Oliveira, Hans Ulrich. "Iberian Nationality Legislation and Sephardic Jews." European Constitutional Law Review 11, no. 01 (May 2015): 13–29. http://dx.doi.org/10.1017/s1574019615000036.
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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Lazarenko, Mykola. "Systematization of private international law in Ukraine and foreign countries: present state and tendencies." Ukrainian Journal of International Law 3 (September 30, 2020): 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.
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Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.
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Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16140.
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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Putkonen, Hanna, and Birgit Vollm. "Compulsory psychiatric detention and treatment in Finland." Psychiatric Bulletin 31, no. 3 (March 2007): 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
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Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina, and Yerik B. Akhmetov. "Modern features of law institutions of the European Union." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Dražić Lutilsky, Ivana, Sanja Broz Tominac, and Ivana Dražić Lutilsky. "Financial Services in the VAT System in the European Union and Croatia." South East European Journal of Economics and Business 7, no. 2 (November 1, 2012): 23–33. http://dx.doi.org/10.2478/v10033-012-0012-8.
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Abstract This paper presents differences in the VAT treatment of financial services. We investigated the treatment of financial services in the VAT system in EU countries as well as in Croatia, in order to reveal differences and improvement possibilities. The results show that there is a need for significant improvement in the VAT system, especially in Croatia. Furthermore, European Union countries have applied tax regulations since 1977. The research on the VAT treatment of financial services indicates that there is unequal application of tax exemptions and adverse tax competition in EU countries. Nevertheless, Croatia is still adjusting its legislation (the tax treatment of financial services) with EU provisions. Our paper thus provides a comparative analysis of the treatment of financial services in the VAT system in EU and Croatia that could be useful for the new consideration of the financial services position in the VAT system in Croatia.
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Torp, Kristian, and Jakob B. Sørensen. "The Second Look in European Union Competition Law: A Scandinavian Perspective." Journal of International Arbitration 34, Issue 1 (February 1, 2017): 35–54. http://dx.doi.org/10.54648/joia2017003.
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Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally limit their inquiry to a superficial review of the premises of the award and will only reluctantly set aside an otherwise valid award based only on matters of merit. The main purpose of this article is to provide an up-to-date analysis of the position of the Scandinavian courts, thus helping to ‘map’ the European arbitration landscape. Even so, we have attempted to include and contribute to a few of the main discussions concerning the landscape in which the decisions were rendered in the introductory section. In the last section, we build on the reasoning of the two Supreme Courts in order to propose a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Lukasevych-Krutnyk, Iryna. "The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 28, 2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Kozobolis, Stavros. "A corpus-based study on deontic modality in Competition Law: Insights from the English-Greek language pair." Estudios de Traducción 10 (December 1, 2020): 91–106. http://dx.doi.org/10.5209/estr.68096.
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This study investigates deontic modality, the grammatical category through which legal texts express mainly obligation and permission, in an English-Greek bilingual corpus composed of legislative texts related to European Union (EU) Competition Law. More specifically, the study is based on Biel’s discussion on deontic modality, i.e. deontic obligation and deontic permission (Biel 2014: 158). The analysis of the data is mainly quantitative, while a small-scale qualitative analysis is also carried out when necessary. The results of the study are compared with the specific guidelines proposed by the EU Institutions for English and Greek, i.e. the Joint Practical Guide of the European Parliament, the Council and the Commission for persons involved in the drafting of European Union legislation (2015), the English Style Guide: A handbook for authors and translators in the European Commission for English (2018) and the Greek Style Guide: A handbook for authors and translators in the European Commission for Greek (n.d.), as well as with those of earlier studies on legislative texts.