Journal articles on the topic 'Procedure (Law) – European Economic Community countries'
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1
Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
2
Bree, Axel. "The Organisation of Waste Management in the European Union Member States." Journal for European Environmental & Planning Law 2, no. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
3
Suparman, Eman. "KERJASAMA BIDANG PERADILAN ANTAR NEGARA DALAM RANGKA UPAYA PENYERAGAMAN PRANATA HUKUM ANTAR BANGSA." Jurnal Hukum dan Peradilan 1, no. 2 (July 31, 2012): 171. http://dx.doi.org/10.25216/jhp.1.2.2012.171-188.
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Applicability of the rules of the positive law of a country is limited by territorial boundaries that country. While the legal relationship that lasted between members of the community of nations always occurs and exceeds the limits of the territorial sovereignty of the state law. Therefore, the national law of the countries should continue to be pursued in order to be able to answer a variety of transnational issues that exist. The effort is certainly not intended to be uniform throughout the internal legal system of sovereign states, but merely an attempt to harmonize the rules of international private law. While problem solving for issues specific civil law will be made by the judicial bodies of each country. In order to accommodate this reality, is a conditio sine qua non for Indonesia to consider measures to make international agreements in order to enrich the rules of civil procedure law court. The problem, at least to face the coming force of AFTA in the ASEAN region should be harmonization between the legal systems of the individual ASEAN member countries. If not, the difficulty for the difficulties to be faced every country, when the demands of the right form of execution verdict handed down in a country can not be implemented in other sovereign nations. The situation is certainly less beneficial terms of economic cooperation. Therefore, the establishment of a model law for a convention in the form of the ever pursued by countries in the European region, reasonably considered to be a model in drafting the ASEAN convention. At least these efforts will support the objective of allied countries to achieve harmonization of laws between countries in the ASEAN region. Keywords: cooperation in judicial, legal institutions, harmonization
4
Logvynenko, M. I., and A. E. Tsymbal. "Problems of decentralization reform implementation in Ukraine and ways to solve them." Legal horizons, no. 24 (2020): 23–28. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p23.
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The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.
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IEFYMENKO, Tetiana, Svitlana VOROBEI, and Ljudmyla LOVINSKA. "Global guidelines for reporting on sustainability of enterprises in transition countries: martial law and reconstruction in Ukraine." Fìnansi Ukraïni 2022, no. 3 (June 21, 2022): 8–21. http://dx.doi.org/10.33763/finukr2022.03.008.
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Introduction. The most important task of the sovereign state of Ukraine nowadays is the victory in the war with the Russian aggressor, as well as ensuring sustainable innovation development in close cooperation with the international community. Problem Statement. In countries with economies in transition in the preparation of non-financial reporting we can notice the following : lack of institutional levers of impact and motivation for the disclosure of environmental, social and other indicators; lack of standard approaches to the content of non-financial reporting and procedures for its administration, etc Purpose. The aim of the study is: to substantiate the improvement to Ukraine’s public policy in Ukraine on non-financial reporting on sustainable development; to study contradictions of the new reality and directions to overcome them for the countries with transition economies while preparing non-financial reporting and applying indicators of sustainable development; to develop proposals on the content of such reporting in emergency situations, in particular during hostilities, as well as post-war reconstruction. Materials and methods. The following methods: institutional, systemic, empirical, structural and functional and others have been applied while using UNCTAD guidelines and factual data., Results. The authors suggest ways to overcome these obstacles and to supplement the “Guidance on core indicators for entity reporting on contribution to the implementation of SDGs” (GCI) with a block of indicators on crisis management trends in conditions of uncertainty and post-war overcoming of the effects of destabilization. Conclusions. The martial law in the country, the consequences of hostilities have a profound impact on the activities of companies and should be shown in the reports. On the basis of regulatory initiatives of the European Union on non-financial reporting in the electronic format in Ukraine it is necessary: to regulate the Taxonomy of non-financial reporting (EU Regulation 2020/852); to show in the management report the disclosure of basic performance indicators of enterprises in various fields (economic, environmental, social, institutional); to implement the concept of sustainable development in the national non-financial reporting infrastructure.
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Hofmann, Mahulena, and Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 3 (June 26, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
7
Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1)." Problems of World History, no. 18 (November 8, 2022): 144–86. http://dx.doi.org/10.46869/2707-6776-2022-18-7.
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The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
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Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2)." Problems of World History, no. 19 (October 27, 2022): 143–75. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-9.
Full textAbstract:
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
9
Legrand, Pierre. "European Legal Systems are not Converging." International and Comparative Law Quarterly 45, no. 1 (January 1996): 52–81. http://dx.doi.org/10.1017/s0020589300058656.
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Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption ofnationalrules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4
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McMahon, Joseph A. "International Agricultural Trade Reform and Developing Countries: The Case of the European Community." International and Comparative Law Quarterly 47, no. 3 (July 1998): 632–46. http://dx.doi.org/10.1017/s0020589300062205.
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We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.
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Kantorowicz-Reznichenko, Elena. "Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions." European Journal of Crime, Criminal Law and Criminal Justice 23, no. 3 (July 22, 2015): 191–213. http://dx.doi.org/10.1163/15718174-23032068.
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The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a prison sentence or its alternatives lies in the hands of the judges. Therefore, the way to enhance the use of alternative sanctions as a substitute to short-term imprisonment is to change the behaviour of judges. This paper adopts the behavioural law and economics approach to discuss, in the context of European criminal justice systems, how certain procedural rules overcome or use cognitive biases in order to promote the use of alternative sanctions.
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Mardas, Dimitri. "Intra-Industry Trade in Manufactured Products Between the European Economic Community and the Eastern European Countries." Journal of World Trade 26, Issue 5 (October 1, 1992): 5–23. http://dx.doi.org/10.54648/trad1992028.
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Vargas-Brand, Isué Natalia. "Uniform Rules for European Contract Law? A Critical Assessment." European Review of Private Law 24, Issue 6 (December 1, 2016): 1245–50. http://dx.doi.org/10.54648/erpl2016072.
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The international conference ‘Uniform rules for European Contract Law? A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
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Bordaš, Bernadet. "Legal status of the citizens of third countries in the European Union." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 319–50. http://dx.doi.org/10.5937/gakv0606319b.
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The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Haase-Kromwijk, Bernadette, Frans du Pré, and Bernard Cohen. "Organ Transplantation and European Community Law: The Case of Non-Residents." Journal of Health Services Research & Policy 2, no. 3 (July 1997): 168–73. http://dx.doi.org/10.1177/135581969700200308.
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Objectives: The role of the European Union in influencing health care policies in member states is of increasing importance. The Eurotransplant Foundation is an organization which provides donor organs to the most suitable transplant recipients. It covers a region of five countries (Austria, Belgium, Germany, Luxembourg, The Netherlands). As there is a severe shortage of donor organs within its region, registration of so-called non-resident patients on the waiting lists aggravates this shortage. Could European Community law, especially rules on competition, limit Eurotransplant's freedom to introduce a restrictive policy on non-residents? If so, could participating transplant centres or patients initiate legal action against Eurotransplant to stop the execution of such a policy? Methods: Quantitative descriptive data on organ donation and use by the Eurotransplant Foundation during 1994 and 1995, by residents and non-residents. Analysis on basis of economic and legal framework. Results: Solidarity between potential donors and potential recipients is organized in a different manner in an organization such as Eurotransplant as compared to a national organization under national law. National regulations may introduce a restrictive policy for the acceptance of non-resident patients. Eurotransplant — as a matter of its own policy — has to consider international solidarity. The scope of the non-resident issue is dealt with, and it is explained why it is considered to be a problem. On the basis of a discussion of the economic and the legal framework for a non-resident policy, an answer to the question is suggested. Conclusion: It might be possible for Eurotransplant to introduce a restrictive policy on the admission of non-residents without violating the European Community Treaty.
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Cardwell, Michael. "The European Model of Agriculture and World Trade: Reconfiguring Domestic Support." Cambridge Yearbook of European Legal Studies 5 (2003): 77–103. http://dx.doi.org/10.1017/s1528887000004286.
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The level of support to agricultural producers in the Community has remained high notwithstanding the commitments imposed under the Uruguay Round Agreement on Agriculture (‘URAA’). Thus, according to the Organisation for Economic Co-operation and Development (‘OECD’), the ‘producer support estimate’ for the period 1986–1988 amounted to 44 per cent of gross farm receipts and the proportion rose marginally to 45 per cent in 1998. It may also be noted that, while the proportion in the case of the United States was approximately half that of the Community, the figure for 1998 was likewise not dissimilar from that for the period 1986–1988 (respectively 22 and 25 per cent). As a result, Cairns Group countries have felt able to direct strong criticism against the two great exporters of agricultural produce. This state of affairs was not unanticipated.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko, and Olena Zhuravka. "Sustainable socio-economic development and Rainbow Europe Index." Problems and Perspectives in Management 19, no. 4 (December 21, 2021): 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.
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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European countries, a data matrix was developed and the Spearman rank correlation coefficient was calculated. The obtained results confirmed a positive relationship between the Rainbow Europe Index and GDP per capita, the Human Development Index, the Corruption Index, and the Index of Happiness. Calculations have shown that the Rainbow Europe Index had a significant impact on these indicators. The study proved the dependence of indicators and demonstrated the need to provide freedoms and rights for LGBTQ+ affiliated members in Ukraine and other European countries. AcknowledgmentThis paper is published as a part of research projects “Convergence of economic and educational transformations in the digital society: modeling the impact on regional and national security” (No. 0121U109553) and “Reforming the lifelong learning system in Ukraine for the prevention of the labor emigration: a coopetition model of institutional partnership” (No. 0120U102001).
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Close, George. "The Legal, Economic and Administrative Adaptations of Central European Countries to the European Community. European Community Studies AssociationNormes Verlagsgeselbchaft. 1993. 126 pp. ISBN 3-7890-3174-x.DM.28]." International and Comparative Law Quarterly 43, no. 4 (October 1994): 971–72. http://dx.doi.org/10.1093/iclqaj/43.4.971.
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Mangione, Gariella. "The European Dimension to the Constitution of the Republic of Italy." Comparative Law Review 28 (December 13, 2022): 411–34. http://dx.doi.org/10.12775/clr.2022.014.
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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems." Academic Journal of Interdisciplinary Studies 7, no. 2 (July 1, 2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Schroder, Humberto Zúñiga. "Scope of the ‘Liberalization Program’ in the Andean Community." Global Journal of Comparative Law 2, no. 2 (2013): 194–214. http://dx.doi.org/10.1163/2211906x-00202004.
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Among efforts of community cooperation worldwide, the Andean Community in South America is a notable example. This sub-regional organisation aims to achieve social and economic cooperation among its Member Countries with a view to the gradual formation of a Latin American common market. To attain this objective, the Cartagena Agreement provides, among other measures, the possibility to implement a trade Liberalization Program, aimed at eliminating any restriction or levy that affects imports of products originating in the territory of any Member Country. This paper focuses on the analysis of that Program, and how it falls within the so-called ‘constitutional’ or ‘original’ sources of the Andean legal system. It also examines the attributions of the Andean Community General Secretariat to determine through an investigation procedure whether a particular measure constitutes a levy or restriction.
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Ahmeti, Dr Sc Skender, BSc Feste Gjonbalaj, BSc Ejona Blyta, and BSc Laura Lumezi. "Corruption and Economic Development." ILIRIA International Review 2, no. 1 (June 30, 2012): 91. http://dx.doi.org/10.21113/iir.v2i1.164.
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There is no sustainable economic development without a functioning rule of law. Besides sustainable economic policies like low interest rates, low inflation, low budget deficit, reasonable taxes and economic freedom for business development, the necessary ones for country’s economic growth are functioning of state institutions, support and development of reforms as well as successful fight against corruption.Corruption is a phenomena often encountered and spread in countries that have problems with rule of law as well as with judiciary system. Corruption manifestation is inevitable in circumstances when state institutions are weak. The phenomena is especially problematic in countries that go through transition periods since these countries are often characterized as nonefficient in fighting this phenomena1 . Countries in transition continue to have the image of countries with high level of corruption, which causes serious crisis from local opinion and continuous demand from international community due to the unsuccessful fight against this malevolence.World Bank considers corruption as the biggest obstacle in the fight for poverty eradication, since it undermines the rule of law, weakens state institutions and most of all it affects the poor. Politically, it undermines democracy and good governance, economic equal growth and development, as well as people’s trust in state institutions.Lately, several anti-corruption laws have been adopted in Kosovo, but they have not been implemented in practice and were not sufficient in fight against corruption. Kosovo’s long lasting dream of integrating in European Union, necessarily demands to built and functionalize anti-corruptive measures with priority, as a fundamental precondition for EU pre-accession process
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Buccino, Giulia, Elisabetta Iossa, Biancamaria Raganelli, and Mate Vincze. "Competitive dialogue: an economic and legal assessment." Journal of Public Procurement 20, no. 2 (March 31, 2020): 163–85. http://dx.doi.org/10.1108/jopp-09-2019-0059.
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Purpose The purpose of this paper is to discuss the economic and legal rationale for the use of the competitive dialogue in complex procurement. The authors use the data set of public contracts awarded by European Union (EU) member states between 2010 and 2017 to analyse its usage patterns. In particular, the authors identify the types of contracting authorities that mainly use the procedure, the sectors and contract characteristics and the role of institutional factors related to the country’s perceived corruption and level of innovativeness. Design/methodology/approach The authors discuss economic and legal issues in the use of the competitive dialogue. The authors use a data set of public contracts awarded by EU member states, published on the EU’s public procurement portal Tenders Electronic Daily (TED) to analyse usage patterns and explore the types of contracting authorities that use the procedure, the sectors and type of tenders. The data covers a sample of 1.242.090 observations, which relates to all the contract award notices published on TED in the period 2010-2017 for all the 28 European member states. A probit model is used as a methodology. Findings The empirical analysis reveals that the use of competitive value is greater for larger value contracts, for national rather than local authorities, for the supply of other manufactured products and machinery; for research and development and business, as well as information technology services; and for construction works. The level of perceived corruption and the gross domestic product/capita do not have explanatory power in the use of the procedure, whilst a country’s degree of innovativeness, as measured by the global innovation index, positively affects the probability of adopting the procedure. A decreasing trend in the use of competitive dialogue over time is observed. Research limitations/implications In conclusion, the countries examined benefited from a long tradition of public–private partnerships (PPPs) and from a transposition of the 2004 directive, able to provide an inclusive interpretation of complexity, and therefore, stimulate the adoption of the competitive dialogue in different sectors. Conversely, the countries, which postponed a concrete transposition and the overcoming of the confusing concept of complexity, limited the scope for the application of competitive dialogue, relying on the easier alternative: the negotiated procedure. Those circumstances lead to visible difficulties in stimulating the adoption of the procedure even in the traditional sectors; indeed, only with the new directive’s provisions a slight change in the trend can be seen. Practical implications To foster the use of the competitive dialogue in countries that have so far used it to a limited extent is important to improve upon the definition of complexity and learn from the experience of the top usage countries, as identified in the analysis. Social implications Helping the use of the procedure may facilitate the procurement of complex contracts such as PPPs, and thus, ease the building and management of public infrastructures for the provision of public services. Originality/value The authors are not aware of previous studies that have used the TED data set and studied the law in a number of European countries so as to understand the usage patterns for the competitive dialogue.
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Morin, Jacques-Yvan. "Droit et souveraineté à l'aube du XXIe siècle." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 47–114. http://dx.doi.org/10.1017/s0069005800003143.
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SummaryThe author explores the relationship between the concept of sovereignty and international law. First, he examines this theme in its changing historical context, particularly the subordination of law to sovereignty by Hegel and the nineteenth-century positivists, and the various attempts by Kelsen and others in the twentieth century to assert the primacy of international law. He then examines the stress laid upon sovereignty as a means of obtaining a more just international economic order by states of the Third World. The implications of bilateral and multilateral agreements that grant broad powers to financial and economic international institutions are also examined to determine their impact upon the sovereignty of less developed countries. The author also examines the implications of the extensive practice of treaty-making and the adoption of rules and standards within a range of Specialized Agencies of the United Nations. He also traces the gradual development of the European Economic Community from free trade area to European union as envisaged by the Single European Act, under which the sovereignty of member states is steadily giving way. In the final analysis, the author concludes that sovereignty is a relative concept. It is not sovereignty itself which is impeding the development of a true community of states but rather the many economic, social, political, and psychological conflicts which impede the development of common values uniting the whole international community.
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Dragišić, Radmila. "Autonomy of higher education in the European Union: Case C-66/18 European Commission v. Hungary." Politeia 11, no. 21 (2021): 83–96. http://dx.doi.org/10.5937/politeia0-31034.
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Aware of the fact that autonomy is an important prerequisite for educational institutions to be able to perform their tasks, in this paper we explore and analyze one of the most interesting cases from the jurisprudence of the Court of Justice of the European Union in this area. Namely, the European Commission initiated proceedings against the Republic of Hungary for violating the rights of the European Union. The focus is on the Law on Higher Education of that member state, which has caused sharp controversies within the academic community in the countries of the European Economic Area, but also in third countries. Although the work is mostly dedicated to the free movement of services in the field of higher education, we inevitably explore the relationship between European Union law and legal instruments of the World Trade Organization (WTO), as well as the views of the Court of Justice regarding their interpretation. The case we are discussing is also important for the status of countries aspiring to become members of the European organization, since the European Parliament adopted a recommendation to include in the Copenhagen criteria for accession the defense and protection of academic freedom and institutional autonomy in order to prevent their endangerment in member states.
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Zielke, Rainer. "Transfer Pricing of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member Countries Germany, France, United Kingdom, and Italy Compared." EC Tax Review 23, Issue 6 (December 1, 2014): 332–51. http://dx.doi.org/10.54648/ecta2014032.
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In the February 2014 issue of the EC Tax Review, the author compared the anti-avoidance legislation in the mayor EC Member Countries Germany, France, United Kingdom and Italy and suggested some international tax planning strategies - without regard to transfer pricing (part 1). The author now considers transfer pricing involving these mayors EC Member Countries Germany, France, United Kingdom, and Italy and suggests further transfer pricing strategies also with regard to the up-to-date CIT rates in OECD countries (part 2). As stated, despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article transfer pricing rules of - according to the gross domestic product - the four most important EC Member Countries will be reviewed with reference to the OECD's perspective of Base Erosion and Profit Shifting (BEPS) and to the up-to-date tax differential to the thirty-four OECD Member Countries. The pivotal question is, to what extent can internal tax planning with mayor EC Member Countries be optimized by inclusion of transfer pricing. This article outlines the primary corporate objective and key concepts of international tax planning with regard to transfer pricing and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that transfer pricing in the mayor EC Member Countries Germany, France, United Kingdom, and Italy is presented and transfer pricing strategies with relation to mayor EC Member Countries are developed. Afterwards this is evaluated from the OECD's perspective of BEPS. Finally the concluding remarks are presented.
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Balidemaj, Albina. "Working with marginalized groups: towards more holistic strategies for social exclusion reduction of the Roma community in Kosovo." Safer Communities 20, no. 2 (January 26, 2021): 85–100. http://dx.doi.org/10.1108/sc-06-2020-0021.
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Purpose This paper aims to identify the successful strategies, through literature review, to be used in Kosovo to help integrate the Roma community and to reduce the community’s overall social exclusion. This paper further examines the gaps between strategies and implementation results in reducing the social exclusion of the Roma through experiences of other European countries with similar political and socio-economic history as Kosovo. Design/methodology/approach This paper uses a literature review and further examines the experiences of other European countries, with similar political and socio-economic history as Kosovo and their strategies in eliminating the social exclusion for Roma communities. A holistic socio-ecological approach is used as a recommended model to be used for the development of a strategy to reduce social exclusion among Roma Communities in Kosovo. Findings The social and economic implications are extremely negative for countries with large Roma minorities, such as Western Balkan countries and the European Union (EU) as a whole. Roma inclusion policies both in the EU and Western Balkans contain considerable flaws and tend to ignore the variables of discrimination and antigypsyism. There is an obvious need to act more urgently to prevent the exclusion of Roma and to create strategies for better inclusion. Overall, gaps seem to remain between the strategies and implementation results. Practical implications This paper aims to add to the existing literature about the ongoing efforts of the international development assistance community and communities in the developing world. This paper also aims to show the gaps in ongoing efforts and provide generic recommendations that may be applicable in many diverse situations with the aim of leading communities toward a self-sufficient sustainable future. Originality/value The Kosovo anti-discrimination law protects all individuals from discrimination; however, in practice, studies show that the Roma exclusion is very high in Kosovo. This paper stands among the first to analyze comparative literature and policy reviews.
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VAZ, Andréa Arruda, Marco Antônio Lima Berberi, and Tais Martins. "A Crise na União Europeia e os Impactos nos Princípios Fundamentais do Trabalho Diante da Flexibilização de Direitos pelos Estados-Membros em Contrariedade aos Preceitos do Direito Comunitário." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 343–56. http://dx.doi.org/10.19135/revista.consinter.00012.16.
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The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.
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Matras, Tomasz. "Sport jako element europejskiej tożsamości w kontekście regulacji Unii Europejskiej." Politeja 15, no. 53 (June 30, 2018): 271–87. http://dx.doi.org/10.12797/politeja.15.2018.53.16.
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Sport as an Element of European Identity in the Context of European Union RegulationsSport is one of the new areas of the Union’s competence, conferred by the Treaty of Lisbon. Provisions of Community law are used in sport activities carried on within the EU Member States only to a limited extent. However, in recent years, the growing interest of the European Union authorities in sport is more visible. It results mainly from the importance of competitive sports in social and economic development. The variety of legal solutions in different countries led the Community institutions to try to work out a number of obligatory solutions. The EU’s action concerning sport policy is to support and coordinate the activities of the Member States, the decisions however remain at the discretion of individual states. In another set of provisions of the European Union, sport is very often the subject of the so‑called soft law, which has almost no legally binding force or is weaker than the traditional law. It takes the form of guidelines and standards that the countries may introduce at their sole discretion. The main goal of this paper is to determine the extent to which sport policy guidelines for the European Union are reflected in the in the area of the creation of a European identity.
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Dielini, Maryna. "STATE REGULATION OF SOCIAL AND ECONOMIC RESPONSIBILITY OF ENTREPRENEURSHIP: EUROPEAN EXPERIENCE." Economic Analysis, no. 27(4) (2017): 36–43. http://dx.doi.org/10.35774/econa2017.04.036.
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Introduction. The Ukraine’s integration into the European community is impossible without learning the experience of European countries in many spheres. Social responsibility of business becomes a significant element in strengthening the competitiveness of our enterprises and the state in general on the world level. The development of socially responsible practices can influence not only the society, but also business representatives themselves, namely: improving the image of the company, increasing the number of consumers, attracting and retaining more skilled personnel, etc. In Ukraine, the process of development of social responsibility of business circles has already begun, but it is still not enough. The state can play a significant role in the development of social practices. This scientific research is dedicated to the study of the experience of European governments in the sphere of social responsibility. The purpose. The article aims is to determine the directions of the state policy of Ukraine for the development of social and economic responsibility of entrepreneurship on the basis of European countries experience. Results. The basic world models of social responsibility of business have been investigated. The experience of European countries on state regulation in this area has been systematized. On the basis of the conducted research, we have proposed directions of the state policy in the field of regulation of social and economic responsibility of entrepreneurship in Ukraine, namely: drafting a law on social responsibility, introducing changes in tax legislation in the field of preferential taxation, increasing attention to non-financial reporting as a source of information on social company initiatives and the construction of national ratings.
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Triningsih, Anna. "Pengadilan Sebagai Lembaga Penegakan Hukum (Perspektif Civil Law dan Common Law)." Jurnal Konstitusi 12, no. 1 (May 20, 2016): 134. http://dx.doi.org/10.31078/jk1218.
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Law, as an justice institution run its functions through a specific process towards a certain direction in order to achieve justice. Justice now a days is needed as something concrete as the fulfillment of the most basic needs of the community. Law enforcement, in parliamentary life is run by the Government (the executive organs) and through the courts (judicial organ).There are different approaches in law enforcement. The rule of law in the Civil Law System which is shared by the countries in the European continent or land use law, also known as legal approach. In the Common Law System which is shared by the United Kingdom and the United Kingdom speaking countries, using the administration approach of the Administration, called the administration of justice. Implementation of the fundamental principles of the law, or because of its emphasis on the steps of a procedure in the event properly can make the law as an unrealistic myth, inefficient and far from the purpose of the law and implies the occurrence of loss of trust from the community, while the basic principles of administration, because of its emphasis on the achievement of business objectives efficiently will have implications for the lack of certainty in law enforcement that is essential for the achievement of Justice for everyone. Besides that addition, it also can be an opportunity for the Court arbitrariness because discretion has its wide open room. Every Legal Approach has its own advantages and disadvantages. Making option to choose which legal approach as an appropriate and good policy in law enforcement is related to the characteristics and level of knowledge of the community also the environment where these law applied.
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Pérez-Franco, Ismael, Agustín García-García, and Juan J. Maldonado-Briegas. "Energy Transition Towards a Greener and More Competitive Economy: The Iberian Case." Sustainability 12, no. 8 (April 20, 2020): 3343. http://dx.doi.org/10.3390/su12083343.
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In this paper, we analyze the effects of the energy transition process on economic growth in Spain and Portugal, countries that, adhering to European Union (EU) directives, opted to promote clean energies from the very start. On the one hand, we look at the energy transition laws introduced by the EU and other countries. On the other, we conduct a causal analysis of energy consumption and economic growth to confirm whether the change of energy model has generated positive effects on economic growth. The procedure was as follows. First, we conducted an aggregate causality analysis exploring the relationship between growth and energy consumption. As the results were not significant, we repeated the analysis with different disaggregations of renewable energy sources. With respect to solar thermal energy and economic growth, the main conclusion is that the data appear to show a one-way causal relationship for Portugal and EU-26 (European Union without Portugal and Spain) and a two-way relationship for Spain.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor German Language Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member Countries: Germany, Switzerland and Austria Compared." Intertax 42, Issue 8/9 (August 1, 2014): 558–76. http://dx.doi.org/10.54648/taxi2014051.
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The mayor German language countries, Germany, Switzerland, and Austria exhibit continuously economic growth and stability. Germany is the engine of the European Community and it might be interested to organize a group of affiliated companies in a way where all speak German. In this article anti-avoidance legislation will be reviewed with reference to the tax differential to the thirty-four Organisation for Economic Cooperation and Development (OECD) Member Countries. The pivotal question is, therefore, to what extent can internal tax planning with German language countries be optimized by inclusion of anti-avoidance legislation. This article outlines the primary corporate objective and key concepts of international tax planning with regard to anti-avoidance legislation and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that anti-avoidance legislation in these mayor German language countries is presented and strategies of international tax planning with relation to these countries are developed. Afterwards this is evaluated from the OECD's perspective of Base Erosion and Profit Shifting (BEPS). Finally the concluding remarks are presented.
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Monti, Giorgio, Gilles Nejman, and Wolf J. Reuter. "The Future of Reservation of Title Clauses in the European Community." International and Comparative Law Quarterly 46, no. 4 (October 1997): 866–907. http://dx.doi.org/10.1017/s0020589300061248.
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In an economic climate plagued by the risk of insolvency, sellers will not wish to sell unless they can be sure of getting paid. At the same time most sellers would go out of business if they asked for cash on delivery and did not sell on credit. In Europe one way to combine these conflicting business realities is by selling goods subject to a reservation of title clause or a clause de réserve de propriété or an Eigentumsvorbehalt (hereafter RTC). An RTC may be defined as “merely an agreement between the parties as to the time when ownership is to pass”. By reserving title in the goods sold until they are paid for, it ensures that goods revert to the seller in case of the buyer's insolvency, and hence escape from the hands of the liquidator. The sale fails but the seller's losses are minimised. This is particularly important in the current context of insolvency practice where the legal order for the distribution of assets is very unfavourable to the supplier of goods who does not use an RTC. As an unsecured creditor he will receive any money owed only after the costs of the insolvency procedure and the shares of preferential and secured creditors are subtracted from the assets. He will, in the blunt words of Templemann LJ, ‘receive a raw deal’.
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Alikaj, Valbona. "The Right Of Ownership In The European Law." European Scientific Journal, ESJ 12, no. 22 (August 30, 2016): 26. http://dx.doi.org/10.19044/esj.2016.v12n22p26.
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The paper is about the case of the right of ownership, the social function that the constitutions of some western countries recognize to this rights and the balance of this right with other public interests. The right of ownership has a great importance even in the European judicial order. The right of ownership has undergone many changes with the creation of a single European market, so that nowadays we could not talk about only one ownership category. Special attention will be dedicated to the article 17 of the EU Charter of Fundamental Rights according to which everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. The limitation of this right will be legislated toward the public interest and toward a fair compensation being paid in a good time. In its decisions, the European Court of Justice has stated that the property as a fundamental right is described not as an absolute right, for the European judge the social function has to do with the general interest that is the basis of each treaty, that is the free and full competition. The private property for the jurisprudence of the community is a fundamental right, but it could be limited due to the general economic interest that aim to be realised.
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Malakhov, V. S. "Citizenship Regimes in the EU Countries and the Inclusion of the Immigrant Population in the Political Community." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 104, no. 1 (March 28, 2022): 183–98. http://dx.doi.org/10.30570/2078-5089-2022-104-1-183-198.
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The article is devoted to the analysis of differences in the approaches of European Union member states to the inclusion of migrants into the political community by granting them citizenship. These differences are operationalized through the category of “citizenship regimes”. The article distingui shes three types of citizenship regimes — liberal, restrictive, and mixed. Whether a particular regime can be categorized into one of these citizenship regime types is determined on the basis of three indicators: (1) application/nonapplication of birthright citizenship (jus soli), (2) the presence of the institution of dual (multiple) citizenship, and (3) the relative simplicity/complexity of the naturalization procedure. At the same time, due to the lack of the comprehensive statistical data, which would allow assessing all possible components of this procedure, in order to evaluate the degree of the simplicity/complexity of the procedure, the authors focus on such a parameter as the minimum time period of residence in the country required to apply for citizenship. Having considered the evolution of the legal systems of the EU states, the authors reveal important differences in the approaches to the naturalization of migrants along the axis between the “old” countries of the European Union, on the one hand, and new members of the United Europe from the former socialist countries, on the other. While the “old” EU members tend to gradually liberalize citizenship regimes, the new ones are leaning towards a restrictive model, which manifests itself both in the difficult conditions of naturalization and rejection of the birthright citizenship law. The convergence of the positions of these two groups of countries on this issue is not visible.
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Setianingrum, Reni Budi, and M. Hawin. "Harmonization of Competition Law: Research on The Transplantability of eu’s Law into ASEAN." Yuridika 35, no. 3 (September 1, 2020): 613. http://dx.doi.org/10.20473/ydk.v35i3.21179.
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ASEAN has agreed to run a single market through the ASEAN Economic Community (AEC). The consequence of this free flow of goods and services is the emergence of new business competition, new relevant markets and potential contact amongst business actor of ASEAN member and it is possible to create unfair business competition. The implementation of the AEC also has consequences in the field of regulation, specifically the need for harmonization of regulations on competition law in ASEAN member to overcome the problems of cross-border transactions and the absence of competition law in several ASEAN member. This study uses a normative juridical method and aims to examine harmonization of competition law, a research on the transplantability of EU’s law into ASEAN. Results of this research shows that ASEAN can only adopt the European Union's supranationalism system only for cases of violations of cross border competition law, whereas for cases of violations of national competition laws, each country is given sovereignty to apply its own law. This is because the economic characteristics and legal characteristics of business competition vary between ASEAN member countries.
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Townley, Chris. "The Liner Shipping Block Exemptions in European Law: Has the Tide Turned?" World Competition 27, Issue 1 (March 1, 2004): 107–53. http://dx.doi.org/10.54648/woco2004008.
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This article discusses the competition regime as it applies to shipping or liner conferences and consortia under European Community law. The Commission is currently considering changing this regime. There are five sections to this article. Section I is a factual introduction to shipping conferences and consortia, what they are, and how they operate. Section II deals with the competition law regime as it applies to certain shipping cartels, briefly highlighting the background, as well as the substance, of the relevant legislation and jurisprudence. Section III discusses the economic effects of these rules, as well as considering their effect on developing countries; it also examines whether or not these rules achieve their underlying objectives. Section IV takes the conclusions of Section III and asks whether, and where appropriate how, these should impact upon the substantive content of the rules, as discussed in Section II. Section V concludes.
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Öberg, Marja-Liisa. "Internal Market Acquis as a Tool in EU External Relations: From Integration to Disintegration." Legal Issues of Economic Integration 47, Issue 2 (May 1, 2020): 151–78. http://dx.doi.org/10.54648/leie2020007.
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Brexit and the ensuing uncertainty about the United Kingdom’s (UK’s) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis – both of integration and disintegration – in the EU’s relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU’s Member States to also integrating third countries into the Union’s sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an ‘internal’ and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery. internal market acquis, EU external relations, neighbourhood policy, European Common Aviation Area, Energy Community, Transport Community, European Economic Area, Switzerland, AA/DCFTA, Brexit, integration, disintegration
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Kovalenko, S., and N. Bovtruk. "IMPLEMENTATION OF THE NOSTRIFICATION PROCEDURE IN THE EU COUNTRIES AND UKRAINE." Pedagogical education: theory and practice. Psychology. Pedagogy, no. 34 (2020): 84–90. http://dx.doi.org/10.28925/2311-2409.2020.34.10.
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ThearticleanalysesthenostrificationprocedureintheEUandUkraine,describestheconceptualandterminological apparatus for nostrification, outlines the theoretical, organizational, substantive and procedural principles for nostrification in the EU and Ukraine. The regulatory framework for the implementation of the nostrification procedure in the EU countries and in Ukraine is described. In particular, such normative legal documents regulating the issues of nostrification as the Lisbon Convention, the Sorbonne Declaration, the Bologna Convention (Joint Declaration of the Ministers of Education of Europe) and additional legal documents on their interpretation are considered in detail. The legislative base of Ukraine in the field of recognition of foreign documents on education is also studied: strategic documention on education, namely, the State National Program which is called “Education” (Ukraine of the 21st century), resolutions of the Chamber of Ministry of Education and Science of Ukraine: “Improving the efficiency of education and science as an effective factor” (Improving the efficiency of education and science as an effective factor of development and integration into the European community: Resolution of the Chamber of the Ministry of Education and Science of Ukraine, 2004, № 3 / 1-4 https://zakon.rada.gov.ua/rada/show/v01- 4290 -04 # Text), “On deepening the integration of science and education in modern conditions” (2006), “Higher education in Ukraine — the European dimension: status, problems, prospects” (Higher education in Ukraine — the European dimension: status, problems, prospects: Resolution of the Chamber of the Ministry of Education and Science of Ukraine, 2008, № 3 / 1-4, https://ips.ligazakon.net/document/MUS7507), the Law of Ukraine “On Higher Education” released on 01.07.2014, and the Decree of the Ministry of Education and Science of Ukraine № 504 released on 05.05.2015 (registered by the Ministry of Justice of Ukraine on 27.05.2015, № 614/27059) “Some issues of the recognition for the foreign documents on education in Ukraine”, which approved the Procedure for recognition of higher education frames obtained in foreign higher education establishments. The peculiarities of the nostrification procedure in such EU countries as Poland and the Czech Republic are considered. The main shortcomings and prospects of improving the procedure for recognition of educational documents in Ukraine through the use of international experience are identified.
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van Marion, Marcel. "Dumping, Competition, and Profit in the EC Electronics Market." Global Trade and Customs Journal 4, Issue 7/8 (July 1, 2009): 239–56. http://dx.doi.org/10.54648/gtcj2009029.
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Economic theory considers dumping as a matter diverging competition levels and market structures. This article investigates the dumping, injury – for which the lesser duty rule is relevant – and profitability in relation to competition. Conclusion is that competition in exporting countries seems less and profits exceed those in the European Community (EC) and are higher than attributed by Community institutions to a non-injurious price in injury margin calculations. Target profit imputations have been analyzed. Introduction is recommended of objective yardsticks for the determination of target profits, which takes into account the capital employed in the business, profit in country of export, and past injury incurred.
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Vasilkov, Zorančo, and Dragana B. Lazić. "Development of criminal jurisdiction of the European Union." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 7–14. http://dx.doi.org/10.18287/1810-4088-2021-16-1-7-14.
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The criminal jurisdictions of the European Community and subsequently the European Union began to develop as subsidiary competencies aimed at protecting economic and industry policies established by the founding treaties. Their development has pointed to the necessity of using forced measures for the preventing abuse and countering criminal activities in the area of the customs union and the common market. This paper presents the gradual transfer of limited criminal jurisdictions from the jurisprudence of the European Court of Justice and communitarian law into the contractual competences of the European Union with an explicit legal basis after the entry into force of the Treaty of Lisbon. Using the teleological method, the method of the content analysis (of the legal norms) and the comparative method the paper emphasizes examples of using criminal jurisdictions within the framework of communitarian law, the delimitation of competencies between the EU and the EC, and the changes made by the Treaty of Lisbon in relation to the EU Treaty of Amsterdam. Amendments to the founding treaties have set the foundations for developing criminal jurisdictions into the supranational criminal law that through its norms would supplement national criminal justice systems in the areas of substantive criminal law and the law of criminal procedure.
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Vanni, Domitilla. "The essential role of the investigation in fighting economic crime in Italy." Journal of Financial Crime 23, no. 2 (May 3, 2016): 465–80. http://dx.doi.org/10.1108/jfc-08-2014-0038.
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Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.
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Chetverikov, A. O. "From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny." Lex Russica, no. 6 (July 5, 2021): 138–53. http://dx.doi.org/10.17803/1729-5920.2021.175.6.138-153.
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The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.
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Romero-Castro, Noelia, Vanessa Miramontes-Viña, and María Ángeles López-Cabarcos. "Understanding the Antecedents of Entrepreneurship and Renewable Energies to Promote the Development of Community Renewable Energy in Rural Areas." Sustainability 14, no. 3 (January 21, 2022): 1234. http://dx.doi.org/10.3390/su14031234.
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Sustainable rural development (SRD) is an essential component of sustainable development on a global scale. Community Renewable Energy (CRE) has been advocated as a step forward in the progress towards SRD. While Northern European countries are experiencing a high development of CRE, Southern European countries lag behind. Considering entrepreneurship and renewable energy technologies (RET) as two fundamental components of CRE, through a systematic literature review this study identifies the antecedents or conditioning factors of entrepreneurship and RET exploitation in rural areas of developed countries, understanding that these same antecedents condition the development of CRE in these countries. The identified factors are organized around five capital spheres: economic, human, social, physical and natural. Given that these five spheres are not watertight compartments, but rather that their limits are diffuse and there are multiple interactions between them, we try to highlight their interrelationships through System Thinking based on the design of causal loop diagrams. The results can help policy makers and CRE projects’ promoters in the design of effective policies and strategies to foster the development of CRE in rural areas of developed countries.
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Široký, Jan, and Anna Kovářová. "Changes in VAT rates during the economic crisis." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 2 (2011): 339–46. http://dx.doi.org/10.11118/actaun201159020339.
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To solve the current economical crisis, there are used various tools of economic policy. Some of them are changes in taxes, particularly changes in the value added tax due to its importance.Value added tax is the most harmonized tax in the single internal market of the European Communities. Although community law defines the basic legal constraints of VAT rules in individual countries, the Council Directive 2006/112/EC on the common system of value added tax, as amended, leaves some areas open for the Member States. One of the main characteristics of VAT is its tax rates which are – while maintaining specified minimal borders – in competency of Member States.Paper illustrates and evaluates the changes in tax rates of individual Member States during the economic crisis and points to their context and consequences.