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Journal articles on the topic 'Liability (Law) – European Union countries'
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1
Andenas, Mads, and Duncan Fairgrieve. "Misfeasance in Public Office, Governmental Liability, and European Influences." International and Comparative Law Quarterly 51, no. 4 (October 2002): 757–80. http://dx.doi.org/10.1093/iclq/51.4.757.
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The protection offered to individuals by remedies in public law and tort law is developing in all jurisdictions. The past few years have witnessed an increasingly important European dimension to the tort liability of public authorities. European Union law and European Human Rights law have added to the constitutional protection of tort claims against public authorities already established as a matter of domestic law in many European countries.
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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (March 1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.
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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Directive. An important new area of non-contractual liability is environmental liability. Firmly established in the United States, liability for damage to the environment is increasingly being introduced in many countries around the world.3 In the European Union, the first step towards Community-wide legislation was taken in March 1993 with the publication of a Green Paper by the Commission.4 One of the many controversial aspects of a possible environmental liability regime is the issue of standing to sue.
3
Napierała, Jacek. "Impact of European law on Polish company law." Pravovedenie 65, no. 2 (2021): 155–65. http://dx.doi.org/10.21638/spbu25.2021.202.
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Since Poland’s accession to the European Union, European law has become part of the legal system in force in Poland. Treaties and regulations are directly applicable, whereas directives and recommendations require implementation into Polish law. Polish courts are obliged to apply and interpret European company law and to interpret Polish company law in such a way that it complies with European law. If in doubt as to the interpretation of European company law, the courts may — and in some cases must — refer a question to the Court of Justice of the European Union for a preliminary ruling. The judgment of the Court is binding on the courts of all Member States. Polish companies may conduct business activity in another Member State and foreign companies may conduct business activity in Poland. Companies of the Member States may conduct their business activities by establishing companies under the provisions of European law, e. g., Societas Europaea. Societas Europaea (SE) is a European public limited company whose capital is divided into shares. The European company is a cross-border company that can operate in the EU countries alongside national public limited companies. The autonomous status of an SE in relation to domestic public limited-liability companies is determined by two circumstances: first, the SE’s personal statute (lex societatis), legal capacity and other elements of the SE’s legal status are determined by the regulation either directly or by indicating the ways to fill in the gaps in the regulation; second, the content of the regulation, which contains specific rules for the creation and operation of the SE, distinguishes it from national public limited-liability companies. European law also influences the legal situation of Russian citizens and companies who are partners (shareholders) of a company registered in a Member State.
4
Thiet, Tran Cong, and Vu Thi Duyen Thuy. "Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union." Studia Prawnicze KUL, no. 3 (September 28, 2021): 277–306. http://dx.doi.org/10.31743/sp.10660.
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In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.
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Goncharova, A. V. "European rules of liability for inherited debts experience for Ukraine." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
6
Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Sääksjärvi, Sanna C. "Positioning the Nordic Countries in European Union Environmental Policy." Journal of Environment & Development 29, no. 4 (June 23, 2020): 393–419. http://dx.doi.org/10.1177/1070496520933324.
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The influence of the Nordic countries on the European Union’s (EU's) policy processes has been researched from various angles, but there is a lack of research that comprehensively examines all policy positions advanced by Nordic actors within a given policy context. This article introduces a new design for studying policy positions and influence in the EU and examines the phenomenon from a multilevel perspective using an original data set compiled in connection to three directives: the Floods Directive on the assessment and management of flood risks, the Environmental Liability Directive, and the Restriction of Hazardous Substances Directive. The analysis reveals that the Nordic countries follow a certain pattern of influencing EU policy that deviates from other states participating in the consultations. Nordic governmental actors exert a strong technical but weak directional influence in the chosen context but are, overall, more successful than Nordic organizational actors at influencing the policy process.
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Dremliuga, Roman, and Alexander Korobeev. "A Fight Against the Dissemination of Deepfakes in Other Countries: Criminal and Criminological Aspects." Russian Journal of Criminology 15, no. 3 (July 2, 2021): 372–79. http://dx.doi.org/10.17150/2500-4255.2021.15(3).372-379.
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The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
9
Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov, and Dmitriy Kamensky. "Criminal law counteraction to land pollution in the EU countries: searching for the optimal model." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Papp, Nikolett. "A munkahelyi egészségsérelmek kompenzációjának felelősségbiztosítási modellje Magyarországon és az Európai Unióban." Erdélyi Jogélet 3, no. 4 (January 26, 2021): 111–25. http://dx.doi.org/10.47745/erjog.2020.04.09.
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"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers’ liability under civil or labour law) model. In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits. Employers’ liability schemes can be supplemented by voluntary liability insurance solutions. Liability insurance contracts protect both parties: employers are protected against unplanned payments, possibly large amounts of compensation, and the outcome of potentially unpredictable compensation lawsuits, while it means guaranteed coverage for the employee in case of damage. The introduction of compulsory liability insurance for employers is an issue that arises from time to time. In some countries, employers are required to take out liability insurance, such as the United Kingdom, Germany, France, and Austria. In insurance-based models, the route of compensation plays a marginal role. In Hungary, the penetration of liability insurance is low; however, there is currently no legislative intention to make liability insurance more extensive or mandatory for employers. In general, however, there is no universal model for accident compensation in labour law. There is no such benchmark at the European Union level either, and it can be said that there is no explicit intention to fully harmonize Member State regulations. In this study, I examine the consequences of the mandatory or wider application of liability insurance, the regulatory concepts that exist, and the role that the European Union plays in regulating the issue."
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Prytyka, Yurii D., Mykhailo M. Khomenko, and Ievgeniia A. Bulat. "The Reform of Civil Legislation on Legal Liability." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 105–22. http://dx.doi.org/10.1163/2211906x-10010009.
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Abstract The article is devoted to the research of the institute of civil liability through the prism of recoding of the civil legislation of Ukraine. Particular attention is paid to the experience of a number of European Union countries in reforming civil legislation. The study used the following methods: dialectical, formal and legal, comparative legal. In the process of future recoding of the civil legislation of Ukraine, it is proposed to focus the attention of the expert community on the following problems: defining a system of non-contractual obligations; overcoming the dominance of blanket norms in the main act of civil law; revision of fundamental approaches to terms of exemption from civil liability; full revision of the rules governing liability for breach of monetary obligations; the need to enshrine pre-contractual liability rules; the implementation of institution of collective redress in substantive civil law; rethinking of approaches to the regulation of conditioning obligations.
12
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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Demchuk, N., and R. Havric. "Legal responsibility for illegal crossing of the state border: foreign experience of legal regulation." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 137–40. http://dx.doi.org/10.24144/2788-6018.2022.01.25.
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In the scientific article, the authors conducted a study of foreign experience in prosecuting for illegal crossing of the state border under the laws of neighboring countries and the European Union. Based on the study, the authors concluded that according to foreign legislation on liability for illegal crossing of the state border, such acts are mostly criminal liability (especially post-Soviet states, except Ukraine, Belarus, Estonia and Moldova; the United Kingdom of Great Britain and Northern Ireland; Poland; France; Germany). However, the legislation of many European Union countries, including the Czech Republic, Slovakia and Estonia, provides for criminal liability only if there are aggravating circumstances when crossing the state border, providing for administrative liability for crossing the state border in other cases. Such circumstances are: use of force or threat of imminent use of force when crossing the state border, violation of the air border, ignoring the stop signal or order issued by a border guard official, crossing the border by a group of persons or a vehicle in a place not intended to cross the border, repeated offense while crossing the border, causing serious damage to health or life of a border guard official. Similarly, the legal regulation of legal liability for illegal crossing of the state border in Ukraine is an administrative offense, but in the presence of qualifying circumstances (illegal crossing of the state border to harm the interests of the state, as well as illegal crossing of the state border by a person prohibited entry into the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state) – a crime. Belarusian law provides for administrative liability for illegal crossing of the state border for the first time, and criminal liability for repeated offenses. States such as the Republic of Slovenia and the Republic of Moldova, whose legislation does not provide for criminal liability for illegal entry and illegal stay in the country, consider illegal crossing of the state border exclusively as an administrative offense.
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Rozenfelds, Jānis. "Liability for Unlawful Use of a Trademark." Journal of the University of Latvia. Law 15 (November 16, 2022): 176–91. http://dx.doi.org/10.22364/jull.15.12.
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The aim of this report is to provide a brief overview of litigation over trademark violations from 2014 until 2019. This period is significant for at least two reasons: first, the beginning of this period coincides with a decade since the accession of several East European countries, including Latvia, to the European Union; second, the end of this period coincides with the end of application of the Law On Trademarks and Indications of Geographical Origin of 1999, which was replaced by a new law enacted on 6 March 2020. The procedure for the opposition process as part of trademark registration was reformed as the Law on Industrial Property Institutions and Procedures came into force on 1 January 2016. Although reform of trademark registration and the opposition procedure did not have a direct impact on trademark rights already in place, it could be anticipated that protection of trademark rights as established since 2016 would be more robust and the peculiarities of the previous period would be extinguished. As litigation over the registration and opposition procedure lags behind the filing of applications for registration of trademarks, no cases have been heard over applications filed under the new system, i.e., after 1 January 2016.
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Букалерова, Людмила Александровна, and Андрей Владиславович Морозов. "Criminal law protection of public procurement in the USA, Canada and the European Union." Вестник Московской академии Следственного комитета Российской Федерации, no. 2(32) (June 22, 2022): 75–81. http://dx.doi.org/10.54217/2588-0136.2022.32.2.010.
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Криминализация в Российской Федерации общественных отношений, связанных с посягательством на сферу публичных закупок, вызвала дискуссии по поводу эффективности предлагаемых законодателем механизмов уголовно-правовой охраны. Исследование зарубежного опыта уголовной ответственности за посягательство на сферу публичных закупок, особенно опыта тех стран, где данная сфера имеет продолжительную историю правового регулирования, представляет интерес с позиции определения эффективности ст. 200.4-200.6 УК РФ. The criminalization of violations in the field of public procurement in the Russian Federation has caused discussions about the effectiveness of the mechanisms of criminal law protection proposed by the legislator. The study of foreign experience in criminal liability for encroachment on the field of public procurement, especially the experience of those countries where this area has a long history of legal regulation, is of interest from the standpoint of determining the effectiveness of Art. 200.4-200.6 of the Criminal Code of the Russian Federation.
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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (June 30, 2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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De Coensel, Stéphanie. "Self-Study, Obtaining or Viewing Terrorist Material Over the Internet: A Legitimacy Test of Consumer-Oriented Criminal Law Provisions in Four Western-European Countries." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 379–406. http://dx.doi.org/10.1163/15718174-bja10006.
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Abstract The internet is a key source of information, communication and propaganda in the context of terrorism. Policymakers increasingly resort to measures that monitor, control and punish internet-related activity. One type of measures concerns the criminalisation of consumers of certain terrorist material over the internet, ranging from self-study over more specific autonomous provisions. This contribution aims to subject this criminal law approach to a legitimacy test, studying the minimum standards of the European Union, as well as the legal framework of four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom). This critical-legal analysis consists of a remote harm analysis, a human rights assessment and a necessity argument. It is argued that the expansion of the scope of criminal liability to a pre-crime era conflicts with certain premises of criminal law and human rights law.
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Mrvić-Petrović, Nataša. "Right to compensation of damage arising from traffic accident in the legislation of the countries in transition." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 210–22. http://dx.doi.org/10.5937/gakv9907210m.
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By comparative analysis of the bases of liability for damages and the scope of the right to compensation for damages arising from traffic accidents existing in the legislation of the countries that are undergoing transition, the author reaches a conclusion that the process of overcoming the disadvantages of the former legislative solutions is going on slowly and that significant differences are noticed in respect of the level of protection of the injured person. In comparison to these jurisdictions, the present Yugoslav law, especially the solutions accepted in court practice, prove to be much more comprehensive. With the existing changes of the insurance law and with improved efficiency of the judicial protection, Yugoslav legislation could be more successfully adapted to the standards of the European Union.
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Andrzejczak-Świątek, Małgorzata. "The process of reconciliation between Serbia and Kosovo and the international legal strategies of the EU States, the USA, and Russia(with particular emphasis on the activities of the Kosovo Specialist Chambers)." Rocznik Instytutu Europy Środkowo-Wschodniej 19, no. 4 (December 2021): 109–25. http://dx.doi.org/10.36874/riesw.2021.4.6.
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The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo’s national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.
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Kim, Jin-Kyu. "A Legal Review of ‘Best Efforts’ Clauses: Focusing on COVID-19 Vaccine Purchase Contracts." Korea Association for International Commerce and Information 24, no. 3 (September 30, 2022): 175–94. http://dx.doi.org/10.15798/kaici.2022.24.3.175.
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Since the World Health Organization (WHO) on March 11, 2020, declared the novel coronavirus (COVID-19) outbreak a global pandemic, many countries around the world have experienced contractual inequality in their dealings with global vaccine developers, such as delayed deliveries, limitations of liability for claims, disclaimers of warranties, and excessive confidentiality when negotiating purchase contracts. In 2021, the EU Commission filed a lawsuit in Brussels against AstraZeneca for not keeping to its purchase agreement for the supply of COVID-19 vaccines.
This study reviews the best-efforts clauses in the vaccine contracts signed by the EU and AstraZeneca focusing on the legal effects and duties of such clauses. The concept of the best-efforts clause is analyzed from a legal perspective, including its function and theoretical background in comparative law.
This study methodically reviews the best-efforts clause within the COVID-19 vaccine advance purchase contract between the EU and AstraZeneca in September 2020, and analyzes the European Union’s civil suit against AstraZeneca, filed in Belgium, for the delay in delivery of vaccines to the European Union. Consequently, this paper intends to present practical implications for the legal effects and duties of best-efforts clauses in the vaccine purchase agreements in the European Union v. AstraZeneca case.
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Imankulov, T., and A. Asilbekov. "Criminal Liability of Legal Entities in the Kyrgyz Republic Under the Criminal Code of the Kyrgyz Republic Dated February 2, 2017, no. 19: The Need for Identification or Another Planned Sabotage?" Bulletin of Science and Practice, no. 2 (February 15, 2023): 262–82. http://dx.doi.org/10.33619/2414-2948/87/32.
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The article is devoted to the analysis of the institution of measures of criminal law in relation to legal entities that existed in the Criminal Code of the Kyrgyz Republic dated February 2, 2017, no. 19 due to the criminal law reform of 2012-2020. allegedly relying on the concepts and concepts developed by the law of both the European Union and international law, but not once applied in any criminal case in the Kyrgyz Republic for the entire period of validity of this Criminal Code (from January 1, 2019 to the middle November 2021), when, as a result of the adoption of the new Criminal Code of the Kyrgyz Republic (enacted by the Law of the Kyrgyz Republic of October 28, 2021 No. 126), this institution was liquidated. Based on the analysis of the history of the development of the institution of criminal liability of legal entities under the laws of other countries, international conventions, the authors come to the conclusion that it is absolutely inapplicable, groundless, illegal to include legal entities as subjects of quasi-criminal liability and punishment in the Criminal Code of the Kyrgyz Republic. The authors propose measures to combat such initiatives and “reforms” of criminal law in order to avoid collapse, paralysis of the law enforcement system, similar to the one that arose in 2020 inthe Kyrgyz Republic due to the new Criminal, Criminal Procedure and other codes.
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Katsoulacos, Yannis. "On the concepts of legal standards and substantive standards (and how the latter influences the choice of the former)." Journal of Antitrust Enforcement 7, no. 3 (July 3, 2019): 365–85. http://dx.doi.org/10.1093/jaenfo/jnz011.
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Abstract The substantial literature on the optimal choice of legal standards (LSs) in Competition Law enforcement concentrates on the factors that influence this choice given the Substantive (or Liability) Standard adopted by courts and competition authorities (CAs). Generally, this literature assumes that the substantive standard (SS) is welfarist. However, in reality, courts and CAs in different countries and over time use different criteria for establishing liability and, very often, these criteria are not welfarist. This article’s main objective is to clarify the relationship between legal and SSs and show the important influence of the latter on the choice of the former: our analysis shows that while efects-based LSs are compatible with non-welfarist SSs, under the latter courts and CAs will be much more likely to use Per Se LSs. This occurs as under non-welfarist SSs the strength of the presumption of illegality will be higher. This influence may be considered as being mainly responsible for differences in the LSs adopted in European Union and in North America (USA and Canada) or UK, especially in relation to abuse of dominance cases.
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Majerová, Ingrid. "The impact of some variables on the VAT gap in the member states of the European Union company." Oeconomia Copernicana 7, no. 3 (September 30, 2016): 339. http://dx.doi.org/10.12775/oec.2016.020.
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One of the most serious problems of fiscal character is the issue of the tax gap. The tax gap is defined as the amount of tax liability faced by taxpayers that is not paid on time. The tax gap comes from three main areas of non-compliance with the tax law – firstly, from underreporting of income, secondly, from underpayment of taxes, and thirdly, from non-filing of returns. The tax evasions in the area of value added tax create one of the largest groups of tax gaps. This article describes the current situation in the field of tax gap in selected countries of the European Union. The aim of this paper is to determine the dependence of the VAT gap on three variables: the Corruption Perception Index CPI, GDP growth rate and the basic VAT rate. The method of regression analysis was used, which was performed on data in the years 2000–2011. Although it could be assumed that tax burden will affect the VAT gap the most, the highest dependence was shown in the case of Corruption Perception Index.
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Horodyskyy, Ivan, Andriy Borko, and Mariia Sirotkina. "ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS." Baltic Journal of Economic Studies 7, no. 3 (June 25, 2021): 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.
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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.
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Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.
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In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.
Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States. The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere. Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability. In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
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Berdnik, I. V. "INTERNATIONAL PRINCIPLES OF CRIMINAL AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 7–17. http://dx.doi.org/10.32755/sjcriminal.2022.01.007.
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The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.
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Shavaleev, B. E. "CRIMINAL LEGAL COUNTERACTION TO FRAUDULENT USE OF ELECTRONIC PAYMENT FACILITIES IN RUSSIA AND ABROAD." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2020): 48–53. http://dx.doi.org/10.18323/2220-7457-2020-4-48-53.
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Modern trends indicate an annual increase in the number of registered facts of fraud using electronic payment facilities, as well as the amount of damage associated with it, both in foreign countries and in the Russian Federation. This fact puts on the agenda the problem of improving measures of counteracting this type of crime. A significant element of combating crime is the optimization of criminal legislation, which determines the relevance of this study. The author carried out a comparative legal study of the criminal legislation peculiarities of Russia and foreign countries in terms of combating fraud using electronic payment facilities, notes special features of the conceptual apparatus and legal technique used in domestic and foreign criminal laws. The paper investigates the legal penalization of the above act, the legal technique of formulating the disposition of the corpus delicti providing for liability for fraud using electronic means of payment. The author highlights the wide use of restitution in the criminal legislation of the European Union states. Based on the results of the study, the author determined the features of criminal-legal counteraction to fraud using electronic payment facilities in Russia and abroad, formulated the proposals to improve the criminal legislation in terms of combating fraud using electronic means of payment. More precisely, the author suggested a draft article of the RF Criminal Code establishing liability for illegal use of electronic payment facilities bringing to the uniformity of the law enforcement practice and implementation of the principle of justice of punishment.
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Wnukiewicz-Kozłowska, Agata, and Urszula Dorota Drozdowska. "Causal Effect Relationship in Medical Cases. An Old Problem in a New Scenario. Commentary to CJEU Judgment (Second Chamber) of 21 June 2017, N.W. & Others V. Sanofi Pasteur MSD & Others, Case C-621/15, EU:C:2017:484. Approbative Gloss." Review of European and Comparative Law 46, no. 3 (August 21, 2021): 263–90. http://dx.doi.org/10.31743/recl.12264.
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This commentary evaluates the problem in assessing the role of a causal connection between damage and the use of a defective medical product, specifically a vaccine. The judgment of the Court of Justice of the European Union (CJEU) in the Sanofi Pasteur Case, which allowed the possibility of recognizing damage claims, even in cases where the prevailing scientific theory claims that there is no scientific evidence of a causal link between a vaccination and the disease, became a base for consideration. Consequently, procedural solutions (such as the standard of proof required, the admissibility of prima facie evidence reasoning and other solutions in cases of an uncertain causation) remain to be decided by national law. The authors assessed two legal systems: the French and Polish legal systems in the context of how to resolve these dilemmas and to describe the impact of the above-mentioned judgment on the case-law of French and Polish courts as regards the application of Directive 85/374/EEC. As a result, they concluded that the most important interpretative motive has become the individual interest of the vaccination’s victim as a consumer of medical services. It seems to be in accordance with Directive 85/374/EEC, which is motivated by the necessity of approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products. However, since the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property, in countries belonging to the European Union, the authors wonder how the commented judgment will affect the further development of consumers protection against defective vaccines.
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Jeang, Wei Wei, and Robin A. Brooks. "Current On-Line Issues." Texas Wesleyan Law Review 8, no. 3 (July 2002): 615–27. http://dx.doi.org/10.37419/twlr.v8.i3.10.
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With the frenetic pace of technological development in the area of global communications, it is no wonder that consumers and businesses are adopting and taking advantage of these technologies before they are fully mature. The law is being refined every day. Most recently, the Supreme Court granted certiorari to decide whether Congress's recent twenty-year extension of the term of copyright protection is constitutional. Hotly disputed topics include digital copyright and liability for trademark infringement from technologically-driven issues such as hyperlinking and metatag use. This move to the Internet, to our client's surprise, presented a variety of legal issues that must be dealt with. For example, who owns the data pertinent to these tenants? How does our client keep its server data secure? Who owns the copyrights and trademarks that will be used during the on-line sessions? After our client's initial foray into the U.S. market, what international issues arise when our client begins to service customers in the European Union or other countries? A closer inspection reveals that, with planning, our clients may embrace this move, because any "lurking dangers" may be avoided.
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Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.
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Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Vyshkovska, Valentina, and Anatoliy Popov. "Modern problems of international law and means of their solution." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 12, no. 21 (2021): 44–51. http://dx.doi.org/10.34079/2226-3047-2021-12-21-44-51.
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The article focuses on the aspects of lagging international law behind the needs of modern international relations. The authors critically assess the views of some scientists on the role of the United Nations, in particular the Security Council, in resolving international security crises and suggest significant changes in order to achieve their greater effectiveness and efficiency. According to the authors, the desired result can be achieved in two ways. The first of them is the introduction of new institutions in international law that would meet the modern needs of humanity; the second is the provision of new, qualitatively innovative functions to existing institutions. Among the new realities faced by international law is the active use by some states of such a set of political, economic, military and other measures, such as "hybrid warfare". The latter is used not only against Ukraine, but also against other countries of the world, in particular, against the countries of the European Union. Typical features of this shameful phenomenon are the destruction of unifying values, the use of traditional, non-traditional tactics and non-state (irregular) paramilitary groups, the organization of terrorist acts with the introduction of mass violence and coercion, as well as criminal riots. At the same time, the differences between regular and irregular divisions are blurred. Their actions are quickly and tactically directed and coordinated in order to achieve a synergistic effect in the physical and psychological dimensions of the conflict within the same theater of military operations. The latter observation, according to the authors, makes it necessary to overestimate the role of the state and the role of other, possibly potential subjects of international law. It is advisable to find criteria for responsibility for these actions and connection with the activities of a particular state. It is this formulation of the question that will allow effective actions in "hybrid" crimes without obstacles inherent in state sovereignty. We believe that it is time to continue discussing the prospects of participation in international legal regulation not only of individual individuals, but also of their totality (communities, formal and informal associations). An example to begin with is the "criminal liability" of legal entities.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Mikhaleva, E. S., and E. A. Shubina. "Challenges and Prospects of the Legal Regulation of Robotics." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 26–35. http://dx.doi.org/10.17803/1994-1471.2019.109.12.026-035.
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The modern world almost continuously emphasizes the importance of new challenges and solutions in all areas and fields of life for humanity. The emergence of new technologies and the improvement of conventional mechanisms to meet the demands of digital reality pose new challenges for any social science and practice; the role of law as a tool of regulatory influence on public relations becomes of particular importance. Recently, the issue of regulation of ubiquitous artificial intelligence, cyberphysical systems, advanced “smart” robots and other achievements of engineering science has become of primary importance for the Russian and world legal science. The authors of the article have analyzed the issues of possible approaches to the robotics legal regulation. Due to the latest trends in the development of legal norms on robotics in foreign countries, in particular in the European Union, the issues of legislative recognition and determination of the robot’s status, i.e. the prospect of robots becoming legally capable, or strengthening and clarifying the legal regime of the robot exclusively as an object of legal regulation become topical. The paper is devoted to studying topical issues of possible directions of legal regulation of robotics and analyzing the main approaches to determining the legal status of robots and liability for harm caused by them in the autonomous performance of actions.
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Shestak, Victor, and Aleksander Volevodz. "Modern Requirements of the Legal Support of Artificial Intelligence: a View from Russia." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 197–206. http://dx.doi.org/10.17150/2500-4255.2019.13(2).197-206.
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At the present stage of the society’s development the artificial intelligence is quickly widening its possibilities. These changes raise the issue of applying norms, including international law norms, to solve problems connected with the essence and technical protocol of using artificial intelligence. The article is devoted to the problems of legal regulation of the creation and use of artificial intelligence and the development of the conceptual framework and the definition of artificial intelligence according to the widely recognized scientific theories; the analysis of doctrinal approaches to the understanding of the place of artificial intelligence in legal relations; the evidence that giving artificial intelligence the status of a person is not legally grounded; the critical analysis of the ideas put forward by some American researchers that artificial intelligence should comply with the whole set of laws currently used for its human producer and operator. The authors study the legislation on the legal regulation of relations between the human and artificial intelligence in such countries as the Republic of Korea, the USA, Japan, the People’s Republic of China, the Republic of Estonia, the Federal Republic of Germany and the Russian Federation, as well as the European Union. They present various approaches to the classification of artificial intelligence’s features. The authors also examine the problem of defining the legal personality of an «electronic person»; analyze the necessity of making the owner liable for the compensation of moral and material damage inflicted by the «electronic person». The article also discusses key problems of enforcing the legal norms regulating intellectual property and copyright, criminal liability and participation in criminal proceedings within the framework of using artificial intelligence. The authors analyze key risks and uncertainties connected with artificial intelligence and crucial for improving relevant legislation. They work out suggestions for the future discussion of the following issues: the applications of artificial intelligence at the contemporary stage; development prospects in this sector; legally relevant problems researched of this sphere and the problems connected with the use of the existing and the development of new autonomous intelligence systems; the development of new strategies and legal norms to bridge the gaps in the legal regulation of using artificial intelligence, including using it as a participant in criminal proceedings; creation of the concept of liability in the sphere of using artificial intelligence, including the criminal one.
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Sootak, Jaan. "Dear reader,." Juridica International 28 (November 13, 2019): 1. http://dx.doi.org/10.12697/ji.2019.28.00.
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A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries. I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak.
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Lyzohub, Ya H. "Types of Penalties in the Sanction of Part 1 of the Article 296 of the Current Criminal Code of Ukraine: Non-Hidden Challenges with a Hidden Sense." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 197–208. http://dx.doi.org/10.32631/v.2021.3.18.
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The author has studied the problem of incorrect legislative definition of the types of punishments in the sanction of Part 1 of the Art. 296 of the Criminal Code of Ukraine, which establishes criminal liability for hooliganism, from the point of view of some constitutive provisions of the General Part of the specified regulatory legal act.
The emphasis has been placed on the non-observance by the domestic law-making agency of the principle of systematic formulation of certain provisions of the current Criminal Code. The author has demonstrated specific violations of logical and legal nature, the presence of which actually makes it impossible to correctly apply Part 1 of the Art. 296 of the Criminal Code of Ukraine. The author has suggested possible ways to overcome the existing problem, including the consideration of the relevant experience of some European countries.
Thus, the substantive part of the article begins with the review of specific types of penalties prescribed in the sanction of Part 1 of the Art. 296 of the Criminal Code of Ukraine, namely a fine, arrest and community service. We observe the gradual transition to a direct analysis of each of these punishments from the point of view of the relevant provisions of the General Part of the current Criminal Code, which determine the content and rules of their application in the norms of the Special Part. Undoubtedly, the possibility of the existence of the specified norm of the analyzed punishments in the sanction has argued the expediency of revision of their form and content, with substantiation of expediency of introducing the corresponding amendments both to Part 1 of the Art. 296 of the Criminal Code of Ukraine, and to the Articles 53, 56, 60, 61, 65, 99, 100, 101.
We note that the current wording of the sanction of Part 1 of the Art. 296 cannot properly perform the tasks of the criminal policy of Ukraine, because the norm is actually deprived of a flexible mechanism for its application in practice.
The incorrect combination of fines, arrest and community service as the main types of punishment for the so-called simple hooliganism is believed the reason for this situation, because the inclusion of such penalties in the sanction of Part 1 of the Art. 296 took place without taking into account some features of their purpose, prescribed in the relevant provisions of the General Part of the Criminal Code of Ukraine.
Two main ways to solve this problem have been suggested. Relevant arguments of some domestic researchers have been provided; references to specific provisions of certain countries of the European Union, where the similar issue found the appropriate decision, have been used in detail.
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Deipenbrock, Gudula. "Private Enforcement in the Realm of European Capital Markets Law Revisited and the Case of Credit Rating Agencies from the Perspective of European and German Law." European Business Law Review 29, Issue 4 (July 1, 2018): 549–75. http://dx.doi.org/10.54648/eulr2018021.
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This treatise revisits the debate on private enforcement in the realm of capital markets law from the European and German perspective. It has been inspired by and shall contribute to the wider debate on whether or not financial markets regulation and civil liability in European law have been steering a more coordinated course. The treatise introduces at the outset some vital aspects of the broader debate on the relationship of capital markets law and private law from the German perspective. The treatise then turns to the European civil liability regime for credit rating agencies (CRAs). The topic of this treatise thereby interweaves two realms of law: European capital markets law as an integral part of European financial markets law and national private (international) law. The treatise explores the efficiency and effectiveness of the European civil liability regime for CRAs in the European Union (Union) with a view to its design and implementation. It shows that the European civil liability regime for CRAs in the Union is a specific example of an ill-conceived private enforcement tool in the realm of European capital markets law. The complexity of its design is explored firstly from the perspective of the law in books. In highlighting the torso design problem of the European civil liability regime for CRAs focus lies on the role of private international law. Secondly – as to the perspective of the law in action – the approach of German courts is sketched to illustrate the challenge the national (German) judiciary faces in context with the civil liability of CRAs. The torso design of the European liability regime for CRAs appears to render it an alien concept rather than one fitting easily into the canon of (national) civil liability norms. The treatise concludes with a question rather than a response to the question on whether financial markets regulation and civil liability in European law have been steering a more coordinated course: Why not navigating better next time?
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Tereszkiewicz, Piotr. "Digital Platforms: Regulation and Liability in the EU Law." European Review of Private Law 26, Issue 6 (December 1, 2018): 903–20. http://dx.doi.org/10.54648/erpl2018061.
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Abstract: This article discusses the approaches towards regulation and liability of digital platforms, focusing on the European Union perspective. It demonstrates that the current regulatory and scholarly perception of platform liability in the European Union has been framed by the EU Electronic Commerce Directive 2000/31 provisions on liability of information society service providers. Subsequently, in light of scholarly writings and regulatory developments, two main approaches towards platform liability are identified and discussed: On the one hand, the idea of general provisions on platform liability, exemplified by the Discussion Draft on Digital Platforms. On the other hand, sector-specific provisions that densely regulate business models based on digital platforms, exemplified by the new EU Package Travel Directive 2015/2302. Both approaches are evaluated as far as their potential for inspiring legislative activity is concerned.
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De Smedt, Kristel. "Environmental Liability in a Federal System: A Law and Economics Analysis." European Energy and Environmental Law Review 17, Issue 2 (April 1, 2008): 106–17. http://dx.doi.org/10.54648/eelr2008009.
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Kristel De Smedt defended her PhD research on the harmonisation of environmental liability rules in a federal system at the Law Faculty of Maastricht University on 19 December 2007. The promotor of this research was Prof. dr. Michael Faure (Maastricht University). The article below summarises the main results of this research. The PhD research examines the harmonisation of environmental liability rules in a federal system from a law and economics perspective. Public interest and private interest theories are used to examine at which level environmental liability rules best can be decided in a federal system. Throughout the book, soil pollution is used as a case-study. The research was induced by the controversial harmonisation of environmental liability rules in the European Union by means of Directive 2004/35/CE on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage (ELD). The research tries to unravel the decision–making process behind the ELD, and the reasons and consequences of harmonisation. Kristel De Smedt examines whether the harmonisation of environmental liability rules in the European Union corresponds with the economic theory on federalism and, if not, how harmonisation of environmental liability rules in the European Union can be explained. She concludes that the shift of environmental liability rules to the European level was inefficient and does not correspond with the economic criteria for centralisation. Moreover, the content of the Directive itself shows inefficiencies. At the same time, the analysis makes clear that the existence and the content of the Environmental Liability Directive largely can be explained by private interest distortions.
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Economou, Athina, and Iacovos N. Psarianos. "Revisiting Okun’s Law in European Union countries." Journal of Economic Studies 43, no. 2 (May 9, 2016): 275–87. http://dx.doi.org/10.1108/jes-05-2013-0063.
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Purpose – The purpose of this paper is to examine Okun’s Law in European countries by distinguishing between the transitory and the permanent effects of output changes upon unemployment and by examining the effect of labor market protection policies upon Okun’s coefficients. Design/methodology/approach – Quarterly data for 13 European Union countries, from the second quarter of 1993 until the first quarter of 2014, are used. Panel data techniques and Mundlak decomposition models are estimated. Findings – Okun’s Law is robust to alternative specifications. The effect of output changes to unemployment rates is weaker for countries with increased labor market protection expenditures and it is more persistent for countries with low labor market protection. Originality/value – The paper provides evidence that the permanent effect of output changes upon unemployment rates is quantitatively larger than the transitory impact. In addition, it provides evidence that increased labor market protection mitigates the adverse effects of a decrease in output growth rate upon unemployment.
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Davies, Arwel. "STATE LIABILITY FOR JUDICIAL DECISIONS IN EUROPEAN UNION AND INTERNATIONAL LAW." International and Comparative Law Quarterly 61, no. 3 (July 2012): 585–611. http://dx.doi.org/10.1017/s0020589312000218.
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AbstractAs a consequence of the state unity theory, the conduct of all state organs is attributed to the state in an undifferentiated manner. It follows that, in both international and European Union law, state liability can be based on the substance of judicial decisions despite the independence of the judicial branch. However, beyond the matter of attribution, there is a significant divergence between the two legal systems. In international law, the judicial origin of challenged decisions does not influence the application of liability criteria, whereas, in EU law, the liability criteria can be applied to judicial decisions in a tightened manner. This article has the twofold aim of establishing and explaining this difference.
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Garcimartín, Francisco. "The law applicable to prospectus liability in the European Union." Law and Financial Markets Review 5, no. 6 (November 2011): 449–57. http://dx.doi.org/10.5235/175214411798411149.
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Mantrov, Vadim. "A Victim of a Road Traffic Accident not Fastened by a Seat Belt and Contributory Negligence in the EU Motor Insurance Law." European Journal of Risk Regulation 5, no. 1 (March 2014): 115–23. http://dx.doi.org/10.1017/s1867299x00003056.
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This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injured, and this raises a question whether such victim may be compensated due to contributory negligence. This note provides a brief summary of the previous case law, facts, review of Advocate's General Opinion and the judgment and their analysis.
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Siaud, Pierre-Frédéric. "The Liability Regime for the Transportation of Goods by Drones: Is There a Need for a European Union Initiative?" Air and Space Law 47, Issue 3 (July 1, 2022): 375–96. http://dx.doi.org/10.54648/aila2022020.
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The use of civil Unmanned Aircraft System (UAS) is becoming more common place, and the application and development of this technology open the door for numerous opportunities, particularly from a commercial perspective. This article first provides an overview of the liability regime applicable in the European Union for the transportation of goods by UAS (otherwise known as drones), or more precisely, emphasises the lack of a liability regime adapted to unmanned aircraft operations within the Single European Sky. Second, an overview of the liability regime for the transportation of goods under the Montreal Convention of 1999 will be studied for its potential applicability to unmanned aircraft operations which will further underscore the lack of any such adaptability of that regime to unmanned aircraft operations. Finally, this article raises the question of whether the creation of a liability regime specially designed for the use of unmanned aircraft in the transportation of goods is needed – one which would take into account all of the specificities related to this advancing technology that cannot be adequately encompassed within the existing regimes governing manned aviation. Unmanned Aircraft System, Cargo, Liability, European Union
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Monti, G. "Osman v. UK—Transforming English Negligence Law into French Administrative Law?" International and Comparative Law Quarterly 48, no. 4 (October 1999): 757–78. http://dx.doi.org/10.1017/s0020589300063673.
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Liability of public authorities is limited in all European countries. In Osman v. UK1 the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.
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Kavelaars, Peter. "The foreign countries of the European Union." EC Tax Review 16, Issue 6 (December 1, 2007): 268–73. http://dx.doi.org/10.54648/ecta2007044.
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Marson, James. "Collective Redress: Broadening EU Enforcement through State Liability?" European Business Law Review 27, Issue 3 (June 1, 2016): 325–51. http://dx.doi.org/10.54648/eulr2016015.
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This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the European Union. Currently, State Liability is neither an effective system of redress under tortious liability, nor a genuine enforcement mechanism in domestic law. By enabling collective redress in State Liability, we present an argument, missing explicitly in current literature, that both as a viable remedy through the (UK’s modified) tort of breach of statutory duty, and through granting effective redress through action by the EU Commission, State Liability will become the mechanism for corrective justice the Court of Justice envisaged in 1991. In 2011, the EU Commission issued a nonbinding Recommendation establishing collective redress for breach of competition law. Could this be seen as positive positioning by the EU to seize the initiative for greater access to individuals of justice and justiciable solutions?
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Lifshits, Ilya, and Pavel Yani. "Criminal Liability for Market Manipulation Under Russian Law and Under the European Union Law." Russian Journal of Criminology 14, no. 5 (November 20, 2020): 764–76. http://dx.doi.org/10.17150/2500-4255.2020.14(5).764-776.
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The development of trade in securities, derivative financial instruments, currencies, and goods at exchanges and trading platforms requires a protection of these markets against abuses. Russian legislation in this sphere is based on the approaches of the European Union to counteracting market manipulation and unlawful use of insider information. Consequently, a comparative legal analysis of counteracting these abuses in the EU and in Russia presents a considerable research interest. It was in 2003 that the concept of market manipulation was for the first time defined by the EU in its legislative act, and in April 2014 the EU adopted a legislative act in the form of a directive aimed at harmonizing the legislation of member states on criminal liability for market abuse. This harmonization is especially relevant for the EU due to the creation and functioning of a unified market of financial services, where a license obtained in one member state allows financial institutions to work throughout the territory of the EU. Criminal liability for market manipulation was introduced in Russia in 2009, and a year later the corresponding Article was amended by a complex law on counteracting abuses at organized markets. The authors present a detailed criminal law characteristic of the crime under this norm by analyzing its object, material elements, and other constituent elements of the offense with reference to laws and bylaws of positive regulation of the corresponding relations. According to the authors, this crime and criminal actions under the Article on unlawful use of insider information should be differentiated by using the criterion of publically dangerous consequences manifested through a considerable deviation of the prices of supply and demand, or the trade volume, compared to the corresponding level that would have existed without illegal actions. Using the analysis of the first guilty verdict in Russia under Article 185.3 of the Criminal Code of the Russian Federation, the authors distinguish between liability under this article and the articles regulating liability for crimes against property - fraud, appropriation, abuse of trust with some attributes of theft.