Academic literature on the topic 'Internet – Law and legislation – European Union countries'
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Journal articles on the topic "Internet – Law and legislation – European Union countries"
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Perišić, Đorđe. "Taxi transport, internet platforms and market liberalization." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1189–203. http://dx.doi.org/10.5937/zrpfns55-34870.
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Thinking about the legal regulation of the taxi services market in countries and cities around the world never stops. The emergence and use of internet platforms in the organization of passenger transport in large cities has led to the fact that anyone can find themselves in the role of a person who performs transport. Thus, taxi transport gained direct competitors, because it is clear that these two transport markets are largely substitutes. However, the existing, strict regulation of the taxi market does not recognize internet platforms and as such, prevents their functioning. The introduction of internet platforms in the transport system and their functioning in full capacity, as their creators imagined, means the previous abolition of numerous market restrictions on the taxi market, ie. liberalization. On the other hand, the existing market restrictions on the taxi market conflict with the liberal economic concept, present primarily in the European Union, but also in the Balkan countries. This is another reason why deregulation of this market can be expected. The paper presents the characteristics of this market and identifies the most important issues of the current legislation of Serbia and Bosnia and Herzegovina that could be disputable in the process of possible deregulation. The direction in which changes in national legislation will go can be seen to some extent by analyzing the current legal framework of the European Union and the case law of the Court of Justice.
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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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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Mazur, Viktoria, and Archil Chochia. "Definition and Regulation as an Effective Measure to Fight Fake News in the European Union." European Studies 9, no. 1 (August 1, 2022): 15–40. http://dx.doi.org/10.2478/eustu-2022-0001.
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Summary Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.
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Makowska, Marta. "Controversial advertising of medicines. A comparison between Poland and the United States." Annales. Etyka w Życiu Gospodarczym 21, no. 5 (March 22, 2018): 67–79. http://dx.doi.org/10.18778/1899-2226.21.5.06.
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For many years, the subject of aggressive marketing campaigns conducted by pharmaceutical companies has been raised in Poland. Drug ads are everywhere, on television, the radio, magazines and on the Internet. Therefore, it is extremely important is to ensure both their legal and ethical dimension. This article will present the differences between direct-to-consumer advertising of medicines in Poland and in the US. The dissimilarities result mainly from differences in legislation. In Poland, the law is much stricter than in the US. For example, in the United States companies are allowed to advertise prescription drugs directly to patients. In the whole of the European Union, and thus in Poland, it is strictly prohibited. The article will also present other regulations existing in Poland and in the United States and it will compare them. It will offer examples of violations of the law and ethics in the advertising of medicine in both countries. Lastly, it will briefly outline the negative consequences of unacceptable pharmaceutical marketing.
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Kovalenko, I. "Some types of works posted on the internet, and the peculiarities of their protection by Ukrainian copyright compared to US law." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.70.26.
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The article deals with the peculiarities of protection against plagiarism of works posted on the Internet and the peculiarities of their protection by Ukrainian copyright compared with US legislation.
The ratio of features of the computer program as an object of copyright protection is analyzed. After all, the program derived from the algorithm and is in a sense, its equivalent. This means that some basic features of algorithms are inherent in programs. The program can also be considered as a means of implementing an algorithm, and as such, characterized by certain distinct features from which for the purposes of the program research as an object of copyright protection can be distinguished: unlike the algorithm, which is a sequence of logical-mathematical Transformation operations, the program contains a sequence of commands that describe the process of implementing an algorithm and provide control of this process. The objective form of expression of the program is its recording formalized language of simultaneous computers.
It is determined that the protection of computer programs by copyright norms, is a great theoretical and practical curiosity as the simplest and economical.
The jurisdictional and non-legal forms of protection of patent law are characterized, the main ways of protecting intellectual property rights are clarified. The emphasis on the judicial prohibition as a way of protecting intellectual property rights is analyzed by the international index of property rights, in particular the level of protection of intellectual property rights in Ukraine and in the United States. The fact of a low indicator of protection of intellectual property rights in our country is established compared to European countries. The main issues of protection of intellectual property rights in Ukraine are highlighted. It is emphasized the need to adapt national legislation to the legal system of the European Union. There are a number of international treaties regulating intellectual property relations at the international level. The European integration course of Ukraine indicates its desire to adapt their legal system to European standards, and therefore, concluding an Association Agreement with the EU, Ukraine has undertaken to harmonize its intellectual property legislation with European legislation. The provisions of a number of European legal acts regulating the issue of protecting intellectual property rights are given. Problems of collecting evidence base for violation of intellectual property rights remains open issues as a national judicial practice on this issue. It is necessary to create a specialized judiciary that would consider cases of violation of intellectual property rights, including on the Internet. It is necessary to enhance legal responsibility for violations in the field of intellectual property, in particular regarding the distribution of pirate products.
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Matyukhina, E. N. "Russian and German Legislation on Personal Data: Comparative Analysis of Approaches and Practices." Lex Russica, no. 4 (May 2, 2019): 170–78. http://dx.doi.org/10.17803/1729-5920.2019.149.4.170-178.
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The paper analyzes the legislative acts on the collection and storage of biometric data of citizens and the changes in the idea of how the legal state can and should be arranged, what the guarantees of the security of providing such data to various structures in the Russian and German legislation are. The idea of a rule-of-law state was, as you know, was developed in Germany by C. T. Welker, R. v. Mohl, R.G. Gneist and J.C. Freiherr von Aretin and was borrowed by Russian statesmen — S. S. Alekseev, V. M. Gessen, N.M. Korkunov, A. F. Kistyakovsky, S.A. Kotlyarevsky, P.I. Novgorodtsev, N.I. Paliyenko. During the existence of our States, this concept has undergone many changes in both its Russian and German versions, which each time was dictated by a number of objective reasons. At the present stage, both powers are concerned with the problem of security, the threat of terrorism, fraud in the Internet space. Therefore, in the European Union, for example, the requirement for identification documents to contain biometric data is now mandatory for all member countries. European thought, as revealed in the analysis of existing concepts and experience of their implementation, was a few steps ahead — while in Russia laws are adopted without discussion with citizens infringing their rights guaranteed by the Constitution, Europe is concerned with the creation of a data storage system representing the cultural heritage of mankind. The rule of law state has become to a large extent a metaphor for which a particular citizen does not feel any content. The use of this term has become a technological tool for the state to achieve political and geopolitical goals, a way to prove that we are also among the civilized liberal democracies and market economies, which distorts the essence of the idea of the rule of law for a particular person. The Russians themselves often do not understand the idea of the rule of law and the mechanism for its achievement.
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Saenko, M. I., E. A. Savela, and Y. Y. Topolyansky. "International experience against cyber crime and cyber crime." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 386–91. http://dx.doi.org/10.24144/2307-3322.2021.64.71.
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The article considers the concept of cybercrime, mechanisms for combating it at the international level (in the UN system), analyzes international legal acts governing the process of combating cybercrime. It is noted that today a large-scale problem of the world community is cybercrime, the number of which is growing every year. Despite the active growth of the IT industry and information space, businesses are still not fully aware of the importance of cybersecurity. Both the population and state (non-state) organizations become potential victims of criminal en-croachments.Cybersecurity means first and foremost responding quickly to threats within the Internet. It is noted that in most cases, the objects of cyberattacks are the Internet of Things and the industrial Internet of Things, as, first, a low degree of protection of devices and ports, cloud applications, application programming interfaces; second, there are no security standards.The experience of counteracting such new challenges and threats as cybercrime, information terrorism and ex-tremism, information fight operations, which not every country is able to cope with, is being studied.International experience in counteracting such new challenges and threats as cybercrime, cyber-fraud, informa-tion terrorism, phishing, vishing and smuggling, targeted phishing, impersonating another person and other methods of cyber-fraud, information control operations, which each is unable to deal with .The importance of international treaties in this area is noted, including the Commonwealth Model Law on Cybercrime of 2002, the Caribbean Model Law on Cybercrime (HIPCAR project), a joint project of the European Union and the International Telecommunication Union for the Pacific and Pacific States. UN project to develop cybercrime legislation for African countries.
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Frantsuz, A. J., and Y. K. Tupichenko. "ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE." Legal Bulletin 76, no. 6 (December 15, 2022): 54–59. http://dx.doi.org/10.31732/2708-339x-2022-06-54-59.
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institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy." South African Intellectual Property Law Journal 10, no. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.
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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.
Dissertations / Theses on the topic "Internet – Law and legislation – European Union countries"
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Li, Lei. "Community interest in the European antidumping law." Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
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Wang, Xi. "Importance of community interest in EU anti-dumping legislation and practice :lesson for China." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525639.
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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM." Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
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Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
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RODRIGUES, DE OLIVEIRA Ricardo Filipe. "Hello. It’s me. : the invisible journey and uncertain validity of passenger name records." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73101.
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Defence Date: 22/11/2021; Examining Board: Prof. Albertina Albors-Llorens (Cambridge University);Prof. Deirdre Curtin (European University Institute);Prof. Valsamis Mitsilegas (Queen Mary University of London);Prof. Joanne Scott (European University Institute)With the approval of Directive (EU) 2016/681 on the use of Passenger Name Records (PNR), the personal information provided to carriers by air passengers crossing European Union (EU) borders is available for mining by national law enforcement, third countries, and Europol. This is in line with other pre-emptive security policies, but it goes further in generalizing suspicion over large numbers of EU and non-EU travelers. After years of pressure from the United States under the banner of the global war on terror, air companies are no longer between a rock and a hard place. They are now able to lawfully disclose big data gathered as part of the normal course of business. Following booking and reservation, up to 19 items of individual data must be provided to Passenger Information Units for criminal investigations and other appropriate actions. The intra-EU PNR system has managed to fly under the radar of scholars and public opinion. Most specialized literature is limited to superficial discussions on security and privacy. There is insufficient research looking at it comprehensively and in detail. This thesis explores this novel security policy in depth and questions its validity. It argues that the PNR scheme should be invalidated by the Court of Justice of the EU for two reasons. In the first place, the Union was not competent to approve a secondary law so intrusive to the national security agendas and policies of the member states. Secondly, the Directive disproportionately encroaches upon the fundamental rights of passengers. There is, as yet, no doctoral project which analyzes the EU PNR so thoroughly. This work fills a gap in scholarly writing regarding fundamental rights and creeping competences in EU law. Its novelty lies in questioning issues that have been overlooked, or insufficiently addressed, in the journey of the PNR Directive.
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Zhu, Feng. "EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.
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Boissel, Dombreval Hugues. "La libéralisation des télécommunications dans l'Union européenne." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64263.pdf.
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GIGLI, Michele. "EUROSUR funding policy : how financial accountability challenges the European strategy for external border management." Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/69196.
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Award date: 18 November 2020Supervisor : Professor Deirdre Curtin (European University Insitute)
This thesis explores the way the development of the European Border Surveillance System (EUROSUR) has been funded and assess whether the funding strategy adopted complies with established principles of financial accountability. Starting from a notion of financial accountability as a duty to report expenditure in a measurable, transparent and coherent way, relevant budget lines contributing to the development of the system will be singled out in order to assess whether they have been implemented in accordance with those criteria. While the funding strategy initially relied on a multi-level system of financial governance involving the EU, the Member States and the executive agency Frontex, EUROSUR funds were then channelled into three main funding streams belonging to different policy areas of the EU: research and development, border management and humanitarian aid to developing countries. An integrated analysis of these financial instruments shows that the overall EUROSUR funding policy infringes principles to be respected to give account of expenditure, because of original accountability gaps affecting the launch of the EUROSUR project. Nevertheless, this deficit has been reduced over time. Chances are that in the next multiannual financial framework, running for the period 2021-2027 compliance will be improved in the field of external border management, with a more efficient use of available resources.
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Deleau, Delphine. "The European court of justice 'open skies' judgments of 5 November 2002 : a Euopean contribution to the multilateral framework for International Aviation relations." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80914.
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The 'Open Skies' policy launched by the United States in 1992 gave birth to new bilateral agreements between them and most Member States of the European Union, as the latter were adopting a single aviation market. Nevertheless, the nationality clause the agreements included conflicted with the Community principle of freedom of establishment.On November 5, 2002, the European Court of Justice therefore ruled there was indeed violation. However, the true question raised by the agreements focused less on such violation, which was anterior to those agreements, than on their fragmentation and the inequality they created in the Europe/United States aviation relations.
Indeed, the issue to be stressed in the judgments is linked to the building of the external competence of the Union with regards to aviation. While the Court refused to grant total competence to the Community, it made that of the Member States impracticable, leading to a global mandate for the Commission.
Although the orientations of the agreements to be concluded are foreseeable, the role the European Union will play in a potential multilateral negotiation remains to be defined.
Books on the topic "Internet – Law and legislation – European Union countries"
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EU internet law. Cheltenham, UK: Edward Elgar, 2013.
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Internet and electronic commerce law in the European Union. Oxford [England]: Hart Pub., 1999.
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Frank, Hendrickx, and Castro Catarina, eds. Employment privacy law in the European Union. Antwerpen: Intersentia, 2002.
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Kelleher, Denis. IT law in the European Union. London: Sweet & Maxwell, 1999.
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Broderick, Terry R. Regulation of information technology in the European Union. London: Kluwer Law International, 2000.
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Lieschke, Daniela. Die strafrechtliche Verantwortlichkeit der Betreiber von Internet-Apotheken: Eine Untersuchung im nationalen, EU-europäischen und internationalen Kontext. Frankfurt am Main: P. Lang, 2007.
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Milieurecht, Belgische Vereniging voor, ed. La directive 2000/60/CE du 23 octobre 2000 établissant un cadre pour une politique communautaire dans le domaine de l'eau: Droit européen, droit interne, droit comparé = De richtlijn 2000/60/EG van 23 oktober 2000 tot vaststelling van een kader voor communautaire maatregelen betreffende het waterbeleid : Europees recht, intern recht, vergelijkend recht = Directive 2000/60/EC of 23 October 2000 establishing a framework for community action in the field of water policy : European law, Belgian law, comparative law. Bruxelles: Bruylant, 2005.
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Protecting children in the digital era: The use of alternative regulatory instruments. Boston: Martinus Nijhoff Publishers, 2010.
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Schütze, Robert. EU treaties and legislation. New York: Cambridge University Press, 2015.
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Jeff, Kenner, and European Union, eds. European Union legislation statutes 2009-2010. New York, NY: Routledge, 2009.
Find full textBook chapters on the topic "Internet – Law and legislation – 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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Hemels, Sigrid. "Social Enterprises and Tax: Living Apart Together?" In The International Handbook of Social Enterprise Law, 77–100. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_5.
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AbstractThis chapter examines the complex relationship between social enterprises and taxation. The focus is not on a specific country, although various examples are mentioned. As specific tax measures for social enterprises are a form of tax incentives, the chapter discusses this public finance concept. In addition, an important legal constraint on introducing such incentives for social enterprises in the European Union (EU) is discussed: the prohibition of state aid. From an analysis of the taxation of profits of social enterprises, it turns out that only a few countries have implemented tax incentives to further social enterprise models. Some social enterprises may meet the charity definition and thus benefit from tax incentives for charities. The drawback might be that it may require social enterprises to use next best legal forms. The chapter also discusses the relevant tax aspects for funders of social enterprises. Tax rules can especially be detrimental to the funding of high-risk social enterprises. Social enterprises also encounter value-added tax (VAT) issues. The VAT that applies in the EU has been copied (with variations) by many non-EU Member States. For that reason, this chapter focusses on the EU VAT legislation as included in the VAT. Problems emerging from the impossibility to deduct input VAT can best be solved outside the VAT framework.
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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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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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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie, and Gordon Wright. "Patents and Competition Law—United Kingdom and European Union." In Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0029.
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This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.
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Hajnal, Zsolt. "The Emergence of Member States’ Characteristics in European and National Consumer Law." In The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.
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European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.
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Pahl, Bogumił, and Michał Mariański. "Evolution of the Taxation of Wind Power Plants in the Polish Tax Law." In European Financial Law in Times of Crisis of the European Union, 477–86. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.45.
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The general purpose of the article is to present in a comparative perspective how the principles of the taxation of wind power plants have evolved. In the Polish tax law, over the past several years, the legislature has undertaken considerable efforts to modify those principles. The lack of the stability of tax legislation may prove to be one of the main reasons for discouraging economic operators from pursuing such investments. Most evidently, the lawmakers do not have a clear vision of a coherent and permanent legal framework in this aspect. The purpose of this article is to present how the principles of the taxation of wind power plants in Poland have evolved. Perhaps the wider experience of other European countries in this regard will help to develop a model of the taxation of wind power plants not only in Poland but also in other East and Central European Union Countries.
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Peter, Nobel, and Kaempf Markus. "Part VI European Securities Markets Supervision, 17 Regulation and Consolidation of European Markets and Exchanges." In Financial Markets and Exchanges Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827528.003.0017.
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This chapter puts an emphasis on the regulation of marketed products, conduct of the issuers and operators, and the distribution of financial instruments. It mentions the basic provision on cross—border investment in the European Union (EU) that is found in Art 63 of the Treaty on the Functioning of the European Union (TFEU), which guarantees the free movement of capital. It also explains the difference of the freedom of movement of capital from all other economic freedoms provided by TFEU. This chapter describes how market participants from non—EU countries benefit from the freedom of movement of capital, which does not need any implementing legislation at member State level. It also discusses how the freedom of capital movement lays down a general prohibition that goes beyond the mere elimination of unequal treatment on grounds of nationality.
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Bugarski, Tatjana. "Serbia: Criminal Law of the Republic of Serbia." In Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 157–204. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_6.
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The criminal legislation of the Republic of Serbia has a legal tradition of nearly a century. Moving through its development, today, it is at the level of modern criminal justice systems, which is largely in line with generally accepted international legal standards that ensure effective legislation while protecting and ensuring basic human rights. Intensive reforms of criminal legislation in the Repub- lic of Serbia started at the beginning of the 21st century. Although legislative interventions in the field of criminal law have been highly intensive both quantitatively and qualitatively over the last two decades, it must be stated that the same trend is noticeable in other European countries, even those that traditionally have stable criminal legislation. The development of criminal legislation is, on the one hand, conditioned by the harmonization of criminal legislation with the law and standards of the European Union, while, on the other hand, the legislature is guided by other reasons because regardless of how much one strives for stable criminal legislation, one cannot deny the dynamic character of crime, the intensity of which is accompanied by social, political, economic, and other changes that have accelerated in the modern world. The paper presents an overview of the criminal legislation of the Republic of Serbia regarding the following issues: a brief history of its development, the primary legal sources, relevant institutions, and a comparison with relevant EU documents and key international trends.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
Conference papers on the topic "Internet – Law and legislation – European Union countries"
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Silovs, Mihails, and Olga Dmitrijeva. "Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union." In 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.
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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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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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Popa, Luminita. ""ELECTRONIC SHEET OF PRACTICE" USED IN ROMANIAN STUDENTS' INTERNSHIP ACTIVITIES." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-072.
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Practice in Romania universities is regulated by the Education Law, which stipulates the students' obligation to perform it. In the case of students' specialty professional practice at economic agents, the Labor Code has also provisions that apply to them. The Labor Code is completed by the other provisions of labor legislation in Romania, in harmony with EU norms and rules of international labor law. The orders of the Ministry of Education on professional practice stipulates that conducting internship in university programs is developed under the Framework Convention between the organizer of practice (university), practice partner (economic agent) and practitioner (student). The Electronic Sheet of Practice (ESP) requires also three different perspectives for student practitioner, faculty member (practice mentor) and economic agent. Using Electronic Sheet of Practic instrument, faculty members practice mentors can post their programs including students' practice results. The existence of such assessment tools and their use in accordance with the law governing the practice of students ensure professional assessment and uniformity of training, fostering their careers accessibility. Such tools, appropriate to each stage of specialty practice development, could be judiciously organized in the European Union countries. The need for such tools, which represent a support unit for the specialty practical training of students, is felt during this period in Romania, which, as its membership of the European Union, must find solutions to meet both commitments and to resolve social problems they face. The educational activities and products of the project, are evaluated favourably by the students who intend to continue their implementation, including in new projects development of the some aspects of the project developed.
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Keselj, Ana, Petra Bego, Krunoslav Zubrinic, and Mario Milicevic. "Comparison of Accessibility in EU Public Sector Websites." In Human Systems Engineering and Design (IHSED 2021) Future Trends and Applications. AHFE International, 2021. http://dx.doi.org/10.54941/ahfe1001115.
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The European Parliament stresses that the Internet is now an essential tool not only for accessing information and communicating with others, but also for many other daily activities, as it allows access to many services. Therefore, it is very important in the process of enabling participation in democracy and social inclusion. European Parliament has ensured that current standards for its products and content are met, including those to be heard in the EU Web Accessibility Directive, which came into force in December 2016. EU members have committed to taking appropriate measures to ensure access for people with disabilities on an equal basis with others from September 2018. Almost three years have passed since this law came into force and it is questionable how the law has been interpreted and applied to websites of public bodies and services. This paper examines the extent to which the legislation has affected the accessibility of public sector websites of EU member countries.
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Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
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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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Sovova, Olga. "ERA OF DIGITIZATION: RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE." In NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.
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The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.