Academic literature on the topic 'Conflict of laws – European Union countries'
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Journal articles on the topic "Conflict of laws – European Union countries"
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Milcheva, Hristina, Albena Andonova, and Mariya Dimova. "ABOUT SOME SOCIAL AND HEALTH PROBLEMS OF PERSONS, SEEKING INTERNATIONAL PROTECTION ON THE TERRITORY OF REPUBLIC OF BULGARIA." CBU International Conference Proceedings 4 (September 22, 2016): 408–13. http://dx.doi.org/10.12955/cbup.v4.788.
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The influx of migrants to European countries, including the Republic of Bulgaria, is constantly increasing from regions experiencing military conflicts and countries that are economically undeveloped. At present, the Republic of Bulgaria is regarded by asylum seekers as a transit state on their route to the economically developed European countries. The people seeking asylum in the European Union have different sociocultural, ethnical, religious, and health cultures. These differences make their adaptation to their new environment difficult and the situation creates economic, social, and health problems for the accepting countries. The enforcement of uniform European standards and laws for social and health integration of migrants facilitates the process and protects the local people from infectious diseases and social-economic problems. The analysis of documents of the European Union, from international and Bulgarian organizations, shows policies have been developed to guarantee the rights of individuals, seeking protection. A major issue for the successful adaptation of migrants is their unwillingness to observe the laws and regulations of the countries where they settle.
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Veebel, Viljar, and Raul Markus. "European Normative Power During Ukrainian-Russian Conflict." Baltic Journal of Law & Politics 11, no. 1 (June 1, 2018): 1–20. http://dx.doi.org/10.2478/bjlp-2018-0001.
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Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.
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Löhnig, Martin. "Unification of law in the field of family law – roads and dead-end-roads." International and Comparative Law Review 12, no. 2 (December 1, 2012): 101–12. http://dx.doi.org/10.1515/iclr-2016-0089.
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Abstract Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.
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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Κοζαμάνη (Alexandra Kozamani), Αλεξάνδρα. "Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης." Bioethica 5, no. 1 (July 15, 2019): 89. http://dx.doi.org/10.12681/bioeth.20837.
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Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.
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Andriyanov, D. V. "Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
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Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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BARBU, Cristina Mihaela, and Ștefan PONEA. "European Union and the Refugees. Is Transparent and Timely Communication Enough to Solve a Crisis?" Journal of Advanced Research in Law and Economics 9, no. 7 (November 17, 2019): 2267. http://dx.doi.org/10.14505//jarle.v9.7(37).08.
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More than one million migrants and refugees have crossed into Europe Since early 2011, sparking a crisis as countries struggled to cope with the influx. The main reason for the spike in refugees has been the war in Syria, which has caused millions to flee their homes and seek shelter in Europe and in neighboring countries. But many refugees are also fleeing one of the15 conflicts around the world that have erupted or reignited over the last five years, often situations of decades-old instability and conflict like those in Afghanistan, Somalia, Central America and elsewhere.
In this paper, we will try to demonstrate that the EU has indeed adopted a strategy of transparency and consistency when it comes to communication. However, one of the questions we feel obliged to formulate an answer to is „Is this helpful? Is transparent communication enough in order to solve or, at least, find a way to solve the problem? Or is there something missing from this strategy?’
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Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (June 1, 2000): 321–34. http://dx.doi.org/10.54648/268927.
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Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
Dissertations / Theses on the topic "Conflict of laws – European Union countries"
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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Xu, Mu Chi. "Flexibility versus certainty : a comparative study of choice of law rules regarding contractual liabilities in the European Union and Mainland China." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2112293.
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Bonova, Lucia. "The international merger control regime : building cooperation without harmonization." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98603.
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Globalization has had two major implications for national merger control regimes: national competition authorities are called more and more to examine transactions with cross-border dimensions and secondly, domestic business practices may be scrutinized by foreign nations. In light of this, divergent substantive standards have become a source of international friction, notably between the two most mature merger control regimes, the European Union and the United States.Facing this new reality, it has become clear that some sort of international arrangement will be needed in order to reduce the inefficiencies created by multijurisdictional review. Various proposals have been made, ranging from ambitious ones that would include the creation of an international competition code and enforcement agency, to more realistic proposals of achieving international coordination of merger control regimes through bilateral and multilateral cooperation amongst antitrust agencies.
This thesis argues that the path of large-scale cooperation is the most appropriate way to cope with the problems raised by globalization. As such, cooperation does not imply the harmonization of merger control regimes. The future lies in the hands of the International Competition Network which, despite considerable achievements, must evolve in the near future.
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Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
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La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.Doctorat en droit
info:eu-repo/semantics/nonPublished
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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Galan, Andreea Elena. "The Impact of the Refugee Crisis on the European Union." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4253.
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The purpose of this thesis is to focus on the impact of the influx of refugees on the European Union taking into consideration the challenges, threats and opportunities that arise from this persistent crisis. The examination of the above-mentioned issue presents and analyzed pertinent findings derived from the relevant literature in the field, ranging from diverse case studies, public statistics, data of European Union institutions as well as NGO's, associations and other entities that have addressed issues of human rights and refugee integration in European Union countries. The thesis discloses how this complex matter, referred to as the "current European refugee crisis" gives rise to complex problems and divergent concerns ranging from Islamophobia, terrorist attacks and threats, economic challenges, cultural conflicts, and social clashes. It concludes that there is a need for new perspectives and strategies for better addressing the long and short term causes and challenges of the European refugee crisis.
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ENRIGHT, Sarah Ryan. "Disability discrimination and the European Union : the impact of the framework employment directive 2000/78/EC." Doctoral thesis, European University Institute, 2005. http://hdl.handle.net/1814/5564.
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Award date: 1 December 2005Supervisor: M. A. Moreau
In this thesis I propose to examine the effectiveness of the non-discrimination legislative framework now in place at the European level as a tool for achieving fairness and a decent standard of living for people with disabilities. With this aim in mind, the first section of the thesis will examine what factors led the Union to frame its work in the promotion of disability rights and how current anti-discrimination legislation emerged as a result. Section two goes on to examine the relationship between equality and disability and how the notion of equality can be applied to disability discrimination. Section three is dedicated to an analysis of the Framework Directive and its effectiveness in ensuring protection and rights for people with disabilities in the labour market. Finally section four examines the potential of the most innovative part of the Directive for people with disabilities, the concept of reasonable accommodation, which has been introduced to EU law for the first time by Article 5 of the Directive.
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Lu, Lu. "Anti-dumping actions against China : a comparison of European Community and Indian laws and policies." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b1951584.
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Tian, Han Bo. "The conflict between bilateralism and multilateralism in complicated EU-China relations." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555573.
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Mongkolkiatsri, Sirichai. "Private international law context of defamation in the United Kingdom and the European Union context /." Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=26230.
Full textBooks on the topic "Conflict of laws – European Union countries"
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Treaty conflict and the European Union. Cambridge, UK: Cambridge University Press, 2009.
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Calster, Geert van. European private international law. Oxford, UK: Hart Publishing, 2013.
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European private international law. Portland, Oregon: Hart Publishing, 2016.
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Justyna, Balcarczyk, ed. Latest developments in EU private International law. Cambridge: Intersentia, 2011.
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1933-, Pålsson Lennart, Melander Göran 1938-, and Raoul Wallenberg institutet för mänskliga rättigheter och humanitär rätt., eds. Modern issues in European law: Nordic perspectives : essays in honour of Lennart Pålsson. [The Hague?]: Kluwer Law International, 1997.
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Sauer, Heiko. Jurisdiktionskonflikte in Mehrebenensystemen: Die Entwicklung eines Modells zur Lösung von Konflikten zwischen Gerichten unterschiedlicher Ebenen in vernetzten Rechtsordnungen. Berlin: Springer, 2008.
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Fabrizio, Cafaggi, ed. The institutional framework of European private law. Oxford: Oxford University Press, 2006.
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Vincent, Kronenberger, and Wouters Jan 1964-, eds. The European Union and conflict prevention: Policy and legal aspects. The Hague: TMC Asser Press, 2004.
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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global administrative law and EU administrative law: Relationships, legal issues and comparison. Heidelberg: Springer, 2011.
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S, Moss Gabriel, Fletcher Ian F, and Isaacs Stuart, eds. The EC regulation on insolvency proceedings: A commentary and annotated guide. 2nd ed. Oxford: Oxford University Press, 2009.
Find full textBook chapters on the topic "Conflict of laws – European Union countries"
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Malacka, Michal. "Sharia – Conflict of Law and Culture in the European Context." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno: Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Maganaris, Emmanuel. "European Union Legislation." In Core Statutes On Conflict Of Laws 2018–19, 1–319. London: Macmillan Education UK, 2018. http://dx.doi.org/10.1057/978-1-352-00342-0_1.
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Bonini-Baraldi, Matteo. "Implementation of the directive in the ten new member states and in the two acceding countries." In Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive, 149–88. The Hague: T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-593-3_5.
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Ates, Leyla, Moran Harari, and Markus Meinzer. "Negative Spillovers in International Corporate Taxation and the European Union." In Taxation, International Cooperation and the 2030 Sustainable Development Agenda, 195–217. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64857-2_10.
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AbstractJurisdictions can engage in different types of aggressive tax policies to varying degrees. These policies can have negative spillover effects on other jurisdictions. In the realm of corporate taxation, these effects consist of base erosion and profit shifting and perceived pressures to reduce corporate taxes. Both direct and indirect effects undermine the efforts especially of developing countries at mobilising domestic resources to achieve the Sustainable Development Goals. We analyse the intensity of corrosive tax policies by exploiting a new legal dataset compiled for the Corporate Tax Haven Index (CTHI). Relying on rigorously defined indicators, the dataset allows comparative analyses of negative and positive spillover pathways in the corporate income tax systems of 64 jurisdictions. Tax policies under review comprise, for example, preferential tax regimes, extremely low tax rates agreed through secretive tax rulings, economic zones and tax holidays. Comparing the 27 European Union (EU) member states with five African developing countries, we find important differences. Except for two indicators (loss utilisation and economic zones/tax holidays), the European Union members are found to consistently engage in more aggressive corporate tax policies than the African countries. These heightened risks for negative spillovers emanating from the EU27 corporate tax rules stand in conflict with the stated intentions by the European Union to support good governance in tax matters and its commitment to ensure policy coherence for development. The chapter provides recommendations on how to reduce the risks for negative spillovers in corporate taxation and to exit the race to the bottom in corporate taxation.
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Broom, Donald M. "EU regulations and the current position of animal welfare." In The economics of farm animal welfare: theory, evidence and policy, 147–55. Wallingford: CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.
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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
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Szeląg, Paulina. "Social Security of States with Limited Recognition: A Case Study of the Republic of Kosovo." In Securitization and Democracy in Eurasia, 137–51. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_9.
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AbstractThe Organization for Security and Cooperation in Europe (OSCE) comprises 57 participating states, including almost all the countries of the Western Balkans. The only country which is not a participating state of the OSCE in this region is the Republic of Kosovo. Kosovo announced its independence from Serbia on 17 February 2008, and a number of OSCE participating states soon after recognized its statehood. However, some participating states, including Serbia, Russia, Spain, Slovakia, Romania, Cyprus, and Greece, did not. International organizations, such as the United Nations (UN), the European Union (EU), and the OSCE, have been engaged in post-conflict reconstruction of Kosovo since 1999. The aim of this article is to show the role of international community engagement in rebuilding the social security system in Kosovo since the end of the war of 1999. This analysis will enable the reader to understand not only the evolution of the social security system in Kosovo, but also the direct and indirect impact of international community on the social security of the states with limited recognition.
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Listokin, Yair. "Law and International Monetary Policy Regimes." In Law, Economics, and Conflict, 157–68. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501759383.003.0008.
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This chapter assesses one aspect of the large political economy of multi-country policy interventions, that which works through the money markets, liquidity, price controls, and overall macroeconomic policy. This is an important area of research and policy activism involving important multilateral organizations, like the International Monetary Fund and the Bank of International Settlements. There have been debates about exchange-rate policies (which by definition, have effects on other countries), about capital controls (which may block money from entering one nation but also blocks the movement of money from other countries), and price controls (which is often treated as a no-go area). Capital controls and interventions in the price system have also been politically divisive topics. The creation of the European Union helped stimulate these debates, since there were immediate policy spillovers that directly affected human well-being, from Britain and Germany to Greece and Ireland. The chapter then puts forward some radical proposals with special commentary on the European Union.
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Brković, Radoje. "Specific of the Civil Service System of Serbia to the Civil Service Systems of the European Union Countries." In Law in the process of globalisation, 553–64. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/lawpg.553b.
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In this paper, the author deals with the issues and challenges regarding the general state of civil service of Serbia, analysing it through the most important institutions – fulfillment of free job positions, assessment and promotion of civil servants, realisation and protection of rights of state civil servants, subordination as an element of civil service relation, conflict of interests, disciplinary responsibility, liability for damage etc. There is also a brief comparative presentation of civil service relations in Germany, Great Britain and Slovenia as other examples of civil service systems.
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Gedeon, Magdolna, and Iván Halász. "European and Regional Integration Concepts in Poland (1789–2004)." In The Development of European and Regional Integration Theories in Central European Countries, 197–224. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.mgih.doleritincec_10.
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The Polish-Lithuanian Commonwealth was one of the largest states in early Modern Europe. Its internal public law structure was complex and had several federal features. The existence of different levels of autonomy was no stranger to him. Many nations and denominations (churches) were mixed in this state, which ceased to exist at the end of the 18th century, but the ideal of independent Polish statehood lived on. In the 19th century, several Polish independence uprisings broke out, mostly against the Russians, but none of them were successful. Various concepts were born among Polish politicians; these often dealt with a Central and Eastern European federation with Polish leadership. In the first half of the 19th century, the Poles held Slavic solidarity concepts that sought to reconcile Slavic Poles and Russians. These concepts were popular mainly among the conservative and romantic intellectuals. In time, however, Slavic solidarity took a back seat. In the second half of the 19th century, the Polish socialist movement was born, which sought more moderate national politics toward the Belarus, Ukrainian, and Lithuanian national movements and wanted to unite some nations of the former Polish-Lithuanian Commonwealth in a fairer federation. These ideas were also close to Józef Piłsudski, under whose leadership Poland again became an independent state at the end of 1918. He arrived from the Polish Socialist Party, and during the First World War, he organized the Polish legions. At a similar time in tsarist Russia, the Polish National Democratic Party was the second important political movement in the early 20th century. This nationalist movement was born in tsarist Russia and propagated the rebirth of Poland in the form of a smaller but more Polish national state. Roman Dmowski, a leader of the NDP, had a conflict with Piłsudski that was an important conceptional problem of the second Polish Republic in the interwar period. The new Poland was big state with regional ambitions, but it had two dangerous neighbors—Nazi Germany and the Soviet Union. The Polish leaders therefore had to think about various federal alternatives, most of which revolved around solidarity in Central and Eastern Europe. Such were the Intermarium or Jagellonian plans. The Polish tragedy during the Second World War and Soviet dominance after 1945 only reinforced these ideas. Many Polish intellectuals began to see the future in European unity, although such ideas existed as early as the 19th century. Some of the Polish emigration to Paris worked to reconcile them with the peoples of Eastern Europe (Ukrainians, Lithuanians, and Belarusians). The journal Kultura played the crucial role in this process. Poland after 1989 again plays an important European role in three regional contexts: Central Europe, the Baltic Sea, and North-Eastern Europe.
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"Jurisdiction and judgments in the European Union and EFTA." In Conflict of Laws, 131–78. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9781139164627.011.
Full textConference papers on the topic "Conflict of laws – European Union countries"
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Beutel, Jochen, Edmunds Broks, Arnis Buka, and Christoph Schewe. "Setting Aside National Rules that Conflict EU law: How Simmenthal Works in Germany and in Latvia?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.
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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Volos, A. A. "The Technology of Blockchain and Smart Contract and Their Regulation Under the Conflict of Laws of the European Union." In 2nd International Scientific and Practical Conference on Digital Economy (ISCDE 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.201205.094.
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McCombie, Charles, and Neil Chapman. "Progress With Multinational Storage and Disposal Concepts." In ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4681.
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The growing importance of finding shared solutions for countries with small arisings of long-lived wastes from nuclear power generation has been increasingly recognised over the last few years. In this paper, we take a systematic look at recent developments focusing in turn on: • international initiatives (IAEA); • regional initiatives the European Union (EU); • national positions for in 3 categories of countries: • those participating in the Arius association that was founded explicitly to promote the multinational concept; • those with specific interests in shared solutions; • those that might consider hosting a repository; • those with laws or policies requiring national disposal. Multinational concepts continue to face challenges that are more difficult than for national programmes. Nevertheless, progress to date indicates that the nuclear communities of the world may well be on the way to optimising radioactive waste management on a global scale.
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Čović, Ana. "PRENOS LIČNIH PODATAKA NAKON ODLUKE EVROPSKOG SUDA PRAVDE SCHREMS II." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.415c.
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The paper will analyze the judgment of the European Court of Justice from July 2020, which declared the transfer of personal data of Europeans to US illegal. The "Privacy Shield" is the legal framework for regulating the transatlantic exchange of personal data for commercial purposes between the European Union and the United States, which allowed US authorities to collect personal data about entities in the European Union, but without adequate safeguards, the court said. From Facebook, dissatisfied with the verdict, which is important for multinational companies, they point out that stopping the transfer of data will have negative consequences on the results of targeted online advertising. It was determined that the principles of the American "Privacy Shield" are not in line with European laws, nor with the European General Data Protection Regulation (GDPR), and that they are therefore invalid. This verdict affects every American company, not only Facebook аnd Instagram, so the consequences of its adoption will be felt by companies such as Google and Amazon. In the meantime, the question of the impact of this verdict on the transfer of data to other countries, such as China and Russia, was raised, especially when it comes to transmission via the current social network TikTok or through the technology of the Chinese company Huawei, аnd Yandex taxi applications.
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Polcicova, Maria. "POLITICAL EDUCATION AS A NECESSARY PART OF AN EDUCATIONAL PROCESS IN A DEMOCRATIC SOCIETY." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/27.
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"There is currently a noticeable increase in extremism, populism, hatred and intolerance in all EU countries, which are evoked by several political conflicts, social events (critical situation in Afghanistan, response to the COVID pandemic, conflict in Ukraine, migration from third countries etc.). Political education as an integral part of the educational process in schools, not only at the national level, we therefore naturally consider it one of the tools for promoting democratic tools in society. We also consider foreign language teaching to be one of the tools of political education. Within it, on the example of learning about important political events, which at the same time shaped the moral democratic values of the bearers of a given language, we can mediate a critical analysis of the way of life in a given developmental stage of society. The aim of our paper is to present the idea of the educational process as a driving force for the spread of democratic values on the example of foreign language teaching at our faculty. From the point of view of theoretical backgrounds, we define the very concept of political education on the example of several experts in the field of sociology, politics and education. In order to find out the current state of the concept of political education in the educational process at national and transnational level, we analyze the individual documents of the European Union. Throughout the post, we mainly use qualitative data, such as thematic analysis, to interpret patterns and meanings in the data and descriptive data."
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Botsis, Ch, G. Anagnostides, and N. Kokavesis. "Seismic Design of Cylindrical and Spherical Storage Tanks According to API and Eurocode: A Difficult Merge in Design Philosophies." In ASME 2003 Pressure Vessels and Piping Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/pvp2003-2109.
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Herein a comprehensive review and comparison of the parameters used in design of cylindrical tanks according to API 650 and Eurocodes is presented. API 650 is extensively used in many countries, including Greece, for the design of storage tanks. The European Community has developed a set of structural design codes named Eurocodes. They are the gathering and combination of existing design knowledge of many member states. Some of these codes are already mandatory in many member states, whereas others are still under discussion and improvement. The design of storage tanks is covered in the last editions of Eurocodes. It was found that the seismic design according to Eurocodes is more conservative that of API 650. As compared to API 650, the thickness of the first, second, and third courses of storage tanks needs to be increased by 15% or 20% on average, when the seismic design requirements of Eurocodes is used. Similarly the thickness of the bottom plate under the first course, must also be increased to comply with the seismic design requirements of Eurocodes. Most likely Eurocodes will be mandatory in the European Union, and therefore it is important to study and discuss the main differences between API 650 and Eurocodes. Undoubtedly API 650 is a historic and well-tested code. It has been applied in the design of storage tanks all over the world, however compliance with local and European laws is required to issue an installation license.
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Mihai, Ioan cosmin. "STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.
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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Scoda, Andreea diana. "THE IMPACT OF IMPLICATING TEACHERS FORM THE RURAL AREA IN USING ICT SKILLS AND TOOLS - A MILESTONE." In eLSE 2013. Carol I National Defence University Publishing House, 2013. http://dx.doi.org/10.12753/2066-026x-13-007.
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This paper plans on analyzing recent research studies concerning the impact of using ICT skills and tools for teachers. However, the main focus will be on the impact of implicating teachers from the rural areas in using these skills and tools. Another main focus of this paper will be to: examine the impact of implicating teachers from the rural area in different ICT projects; compare urban and rural results gathered from the teachers; analyses the impact of using ICT skills and tools for teachers from the rural area (utility, personal development, limits, needs etc.); compare the results with other studies on this topic (at a national and international level) etc. It is becoming increasingly difficult to ignore the fact that the European Union is implementing lifelong strategies policies to encourage the development of ICT skills for teachers. In this sense, we can make reference to different documents that underline various aims that have been developed at the European level in order to ensure correlation between Member States (Memorandum on Lifelong Learning, Council Resolutions etc.). Thus, all countries, including Romania is faced with the fact that it has to improve and develop effective teaching and learning methods and contexts for continuum of lifelong learning, including ICT - Based learning technologies. A recent evaluation report steered with the support of eTwinning project shows that teachers from the rural area are developing more and more ICT skills. The evaluation was conducted in the period October-December 2012, by a team of researchers from the TEHNE Romania (The Centre for Innovation in Education) and from the Institute of Education Sciences. The evidence from this partial evaluation report suggest that: 35,4% of the teachers surveyed from the rural area attended online course; 43,6% of the teachers investigated used the eTwinning portal for continuous professional development; after attending the eTwinning program, 75,2% of the teachers surveyed from the rural area are putting more accent on using ICT support tool in their teaching. Methods and techniques: analysis of documents - research studies, laws, regulations circumscribe / structured legal framework of training and education on this issue, as well as: theories, forms, case studies etc.; survey questionnaires (partial evaluation results from eTwining project and other research papers on the topic). Returning to the purpose of this paper posed at the beginning, the article plans on analyzing the impact of implicating teachers from the rural area in developing ICT skills, as well as identifying the level of ICT tools usage: competences reached, limits, needs, opportunities, personal development etc.
Reports on the topic "Conflict of laws – European Union countries"
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Bunse, Simone, Elise Remling, Anniek Barnhoorn, Manon du Bus de Warnaffe, Karen Meijer, and Dominik Rehbaum. Mapping European Union Member States’ Responses to Climate-related Security Risks. Stockholm International Peace Research Institute, September 2022. http://dx.doi.org/10.55163/htdn6668.
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This SIPRI Research Policy Paper identifies European Union (EU) member states’ efforts to address climate-related security risks in the short to medium term and suggests entry points for further action. Even countries making visible attempts to mainstream the linkages between climate and security are falling short of pursuing a comprehensive approach. Among the ongoing initiatives that might bear fruit in one to three years are: appointing climate security advisers; climate proofing peacebuilding and conflict proofing climate action; investing in early warning and risk mapping; reassessing climate financing and development aid; and building up the operational resilience of the military. Strengthening such efforts would involve: incorporating climate insecurity into foreign and security policy dialogues; increasing conflict-sensitive climate adaptation finance; sensitization to climate change and conflict; and improving the operationalization of early warning. To remain credible, EU member states must advance their climate security initiatives and close the gap between rhetoric and practice.
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Bunse, Simone, Elise Remling, Anniek Barnhoorn, Manon du Bus de Warnaffe, Karen Meijer, and Dominik Rehbaum. Advancing European Union Action to Address Climate-related Security Risks. Stockholm International Peace Research Institute, September 2022. http://dx.doi.org/10.55163/rzme5933.
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The Ukraine war has added to the pressure to address the links between the environment, natural resource management and conflict. This SIPRI Research Policy Paper assesses the priorities of selected European Union (EU) member states regarding climate-related security risks, explores their strategies for pursuing these at EU level and identifies steps for further action. It finds that the appetite to tackle climate-related security risks at EU level is mixed. While maintaining the operational efficiency of the military is a red line, concentrating efforts on research, development and peacekeeping is acceptable even to countries that do not prioritize climate insecurity in their policies. Country strategies for pursuing such efforts involve spotlighting climate security during their respective rotating Council presidencies, working closely with the European External Action Service and the European Commission, and collaborating with like-minded member states. The paper recommends additional steps for action but in order to make effective adjustments to EU processes, climate security will need greater prominence on the EU agenda.
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Maletta, Giovanna, and Lauriane Héau. Funding Arms Transfers through the European Peace Facility: Preventing Risks of Diversion and Misuse. Stockholm International Peace Research Institute, June 2022. http://dx.doi.org/10.55163/oelz9733.
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Since it was established in March 2021, the European Peace Facility (EPF) has become the main source of funding for European Union (EU) external actions in the field of crisis management and conflict prevention with defence and military implications. These include initiatives such as EU military missions, support to military peace operations led by other actors and assistance to strengthen third states’ military capacities. In addition, through the EPF, EU security assistance can also fund, for the first time, the supply of lethal military equipment and, thus, weapons. Arms transfers to countries that are affected by crises and conflict bear higher risks that the weapons provided may be misused or diverted to unauthorized end-users. Considering the contexts in which the EPF is already or will likely be funding the provision of weapons, these risks are particularly tangible. The EU and its member states have instruments and expertise at their disposal that they should use to minimize the potential negative consequences generated by using the EPF for addressing partners’ security needs. These include preventing overlaps in establishing relevant controls, including post-shipment controls, and coordinating EPF actions with assistance in the field of arms transfer and small arms and light weapons controls.
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Morsy, Ahmed. Towards a renewed local social and political covenant in Libya, Syria and Yemen. Stockholm International Peace Research Institute, December 2022. http://dx.doi.org/10.55163/ofgn2229.
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This SIPRI Insights Paper examines the domestic and external factors at play in Libya, Syria and Yemen and their impact on negotiating post-war peaceful settlements and shaping prospective social contracts.The paper’s argument is two-fold. Firstly, policymaking must move beyond a static approach to understanding these conflicts. Despite apparent stalemates, the three countries should be approached as ever-evolving simmering conflicts. Secondly, policymakers have to move below the national level in order to achieve various forms of localized social peace. Given the nature of these conflicts and the varied sub-national segmentation, the analysis concludes that community-level social and political covenants may offer a first building block towards nationwide social contracts and sustainable conflict resolution.The role of external actors, particularly the European Union (EU), is critical in paving the way for these local-level dialogues and negotiations in Libya, Syria and Yemen. In short, external powers, including the EU, should adopt policies that push for long-term resolution to achieve post-conflict stabilization rather than the opportunistic taking of sides.
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Kira, Beatriz, Rutendo Tavengerwei, and Valary Mumbo. Points à examiner à l'approche des négociations de Phase II de la ZLECAf: enjeux de la politique commerciale numérique dans quatre pays d'Afrique subsaharienne. Digital Pathways at Oxford, March 2022. http://dx.doi.org/10.35489/bsg-dp-wp_2022/01.
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Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.
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Monetary Policy Report - July 2022. Banco de la República, October 2022. http://dx.doi.org/10.32468/inf-pol-mont-eng.tr3-2022.
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In the second quarter, annual inflation (9.67%), the technical staff’s projections and its expectations continued to increase, remaining above the target. International cost shocks, accentuated by Russia's invasion of Ukraine, have been more persistent than projected, thus contributing to higher inflation. The effects of indexation, higher than estimated excess demand, a tighter labor market, inflation expectations that continue to rise and currently exceed 3%, and the exchange rate pressures add to those described above. High core inflation measures as well as in the producer price index (PPI) across all baskets confirm a significant spread in price increases. Compared to estimates presented in April, the new forecast trajectory for headline and core inflation increased. This was partly the result of greater exchange rate pressure on prices, and a larger output gap, which is expected to remain positive for the remainder of 2022 and which is estimated to close towards yearend 2023. In addition, these trends take into account higher inflation rate indexation, more persistent above-target inflation expectations, a quickening of domestic fuel price increases due to the correction of lags versus the parity price and higher international oil price forecasts. The forecast supposes a good domestic supply of perishable foods, although it also considers that international prices of processed foods will remain high. In terms of the goods sub-basket, the end of the national health emergency implies a reversal of the value-added tax (VAT) refund applied to health and personal hygiene products, resulting in increases in the prices of these goods. Alternatively, the monetary policy adjustment process and the moderation of external shocks would help inflation and its expectations to begin to decrease over time and resume their alignment with the target. Thus, the new projection suggests that inflation could remain high for the second half of 2022, closing at 9.7%. However, it would begin to fall during 2023, closing the year at 5.7%. These forecasts are subject to significant uncertainty, especially regarding the future behavior of external cost shocks, the degree of indexation of nominal contracts and decisions made regarding the domestic price of fuels. Economic activity continues to outperform expectations, and the technical staff’s growth projections for 2022 have been revised upwards from 5% to 6.9%. The new forecasts suggest higher output levels that would continue to exceed the economy’s productive capacity for the remainder of 2022. Economic growth during the first quarter was above that estimated in April, while economic activity indicators for the second quarter suggest that the GDP could be expected to remain high, potentially above that of the first quarter. Domestic demand is expected to maintain a positive dynamic, in particular, due to the household consumption quarterly growth, as suggested by vehicle registrations, retail sales, credit card purchases and consumer loan disbursement figures. A slowdown in the machinery and equipment imports from the levels observed in March contrasts with the positive performance of sales and housing construction licenses, which indicates an investment level similar to that registered for the first three months of the year. International trade data suggests the trade deficit would be reduced as a consequence of import levels that would be lesser than those observed in the first quarter, and stable export levels. For the remainder of the year and 2023, a deceleration in consumption is expected from the high levels seen during the first half of the year, partially as a result of lower repressed demand, tighter domestic financial conditions and household available income deterioration due to increased inflation. Investment is expected to continue its slow recovery while remaining below pre-pandemic levels. The trade deficit is expected to tighten due to projected lower domestic demand dynamics, and high prices of oil and other basic goods exported by the country. Given the above, economic growth in the second quarter of 2022 would be 11.5%, and for 2022 and 2023 an annual growth of 6.9% and 1.1% is expected, respectively. Currently, and for the remainder of 2022, the output gap would be positive and greater than that estimated in April, and prices would be affected by demand pressures. These projections continue to be affected by significant uncertainty associated with global political tensions, the expected adjustment of monetary policy in developed countries, external demand behavior, changes in country risk outlook, and the future developments in domestic fiscal policy, among others. The high inflation levels and respective expectations, which exceed the target of the world's main central banks, largely explain the observed and anticipated increase in their monetary policy interest rates. This environment has tempered the growth forecast for external demand. Disruptions in value chains, rising international food and energy prices, and expansionary monetary and fiscal policies have contributed to the rise in inflation and above-target expectations seen by several of Colombia’s main trading partners. These cost and price shocks, heightened by the effects of Russia's invasion of Ukraine, have been more prevalent than expected and have taken place within a set of output and employment recovery, variables that in some countries currently equal or exceed their projected long-term levels. In response, the U.S. Federal Reserve accelerated the pace of the benchmark interest rate increase and rapidly reduced liquidity levels in the money market. Financial market actors expect this behavior to continue and, consequently, significantly increase their expectations of the average path of the Fed's benchmark interest rate. In this setting, the U.S. dollar appreciated versus the peso in the second quarter and emerging market risk measures increased, a behavior that intensified for Colombia. Given the aforementioned, for the remainder of 2022 and 2023, the Bank's technical staff increased the forecast trajectory for the Fed's interest rate and reduced the country's external demand growth forecast. The projected oil price was revised upward over the forecast horizon, specifically due to greater supply restrictions and the interruption of hydrocarbon trade between the European Union and Russia. Global geopolitical tensions, a tightening of monetary policy in developed economies, the increase in risk perception for emerging markets and the macroeconomic imbalances in the country explain the increase in the projected trajectory of the risk premium, its trend level and the neutral real interest rate1. Uncertainty about external forecasts and their consequent impact on the country's macroeconomic scenario remains high, given the unpredictable evolution of the conflict between Russia and Ukraine, geopolitical tensions, the degree of the global economic slowdown and the effect the response to recent outbreaks of the pandemic in some Asian countries may have on the world economy. This macroeconomic scenario that includes high inflation, inflation forecasts, and expectations above 3% and a positive output gap suggests the need for a contractionary monetary policy that mitigates the risk of the persistent unanchoring of inflation expectations. In contrast to the forecasts of the April report, the increase in the risk premium trend implies a higher neutral real interest rate and a greater prevailing monetary stimulus than previously estimated. For its part, domestic demand has been more dynamic, with a higher observed and expected output level that exceeds the economy’s productive capacity. The surprising accelerations in the headline and core inflation reflect stronger and more persistent external shocks, which, in combination with the strength of aggregate demand, indexation, higher inflation expectations and exchange rate pressures, explain the upward projected inflation trajectory at levels that exceed the target over the next two years. This is corroborated by the inflation expectations of economic analysts and those derived from the public debt market, which continued to climb and currently exceed 3%. All of the above increase the risk of unanchoring inflation expectations and could generate widespread indexation processes that may push inflation away from the target for longer. This new macroeconomic scenario suggests that the interest rate adjustment should continue towards a contractionary monetary policy landscape. 1.2. Monetary policy decision Banco de la República’s Board of Directors (BDBR), at its meetings in June and July 2022, decided to continue adjusting its monetary policy. At its June meeting, the BDBR decided to increase the monetary policy rate by 150 basis points (b.p.) and its July meeting by majority vote, on a 150 b.p. increase thereof at its July meeting. Consequently, the monetary policy interest rate currently stands at 9.0% . 1 The neutral real interest rate refers to the real interest rate level that is neither stimulative nor contractionary for aggregate demand and, therefore, does not generate pressures that lead to the close of the output gap. In a small, open economy like Colombia, this rate depends on the external neutral real interest rate, medium-term components of the country risk premium, and expected depreciation. Box 1: A Weekly Indicator of Economic Activity for Colombia Juan Pablo Cote Carlos Daniel Rojas Nicol Rodriguez Box 2: Common Inflationary Trends in Colombia Carlos D. Rojas-Martínez Nicolás Martínez-Cortés Franky Juliano Galeano-Ramírez Box 3: Shock Decomposition of 2021 Forecast Errors Nicolás Moreno Arias