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Littérature scientifique sur le sujet « Chemicals – Law and legislation – European Union countries »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Chemicals – Law and legislation – European Union countries"

Bronckers, Marco, et Yves Van Gerven. « Legal Remedies Under the EC’s New Chemicals Legislation REACH : Testing a New Model of European Governance ». Common Market Law Review 46, Issue 6 (1 décembre 2009) : 1823–71. http://dx.doi.org/10.54648/cola2009075.

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The REACH legislation constitutes a milestone for the European Union. It sets new standards for environmental law, which are becoming the benchmark for many countries and companies around the world. This new chemicals legislation also introduces institutional novelties at the European level. An independent European agency with decision-making powers has been created to administer this complex and highly technical legislation. Nevertheless, the European Commission and the Member States have maintained direct influence over the agency’s work, and participate in various roles in the implementation of REACH. These environmental and institutional innovations are not making the position of companies, who are the immediate addressees of the legislation, any easier. The present article analyses the decision-making processes under REACH, and inquires which legal remedies, if any, registering companies have in the event they encounter decisions that adversely affect them. It will be shown that companies are not always in an enviable position. They are paying a price, it seems, for the still evolving institutional architecture of the European Union. In other words, the deficiencies in legal protection we identify point to more fundamental problems surrounding the effectiveness and accountability of European agencies. Thus, this analysis can also serve as a case study to test new models of European governance. The article offer recommendations for improvement.

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Klovach, E. V., G. M. Seleznev et A. Yu Sulimov. « Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities ». Occupational Safety in Industry, n^o 10 (octobre 2022) : 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.

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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.

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Chmil, V. D., et H. I. Petrashenko. « To the issue of studying plant protection products active substances behavior inside the surface and ground water in Ukraine according to the European Union (EU) regulations ». Ukrainian Journal of Modern Toxicological Aspects 91, n^o 2 (15 septembre 2021) : 63–78. http://dx.doi.org/10.33273/2663-4570-2021-91-2-63-78.

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Purpose. To consider the study of the fate and behavior of active substances of plant protection products (AS PPP) in surface and groundwater in EU countries, the quality of surface and groundwater associated with the use of PPP in Ukraine and proposals for improving domestic monitoring of environmental and chemical status of surface and groundwater in Ukraine according to the EU regulations. Materials and Methods. The presence of AS PPP in water in Ukraine is regulated by various legislative acts, including the Law on Drinking Water and Drinking Water Supply, the Order of the Ministry of Health of Ukraine on Approval of State Sanitary Norms and Rules “Hygienic Requirements for Drinking Water for Human Consumption”, the Water Code of Ukraine, Ministers of Ukraine “Procedure for state water monitoring”, the Law of Ukraine “On ensuring the sanitary and epidemiological well-being of the population” and others. Most of these documents take into account the safety criteria and quality indicators of drinking, surface and groundwater established in the EU. The Water Code of Ukraine and the Procedure for State Water Monitoring also take into account the main provisions of the EU Water Framework Directive in the field of protection of surface and groundwater from pollution by hazardous substances, including PPP. However, it should be noted that these documents use terms that are not in the EU documents and which misinterpret the terms and concepts that have become entrenched in world environmental science, in particular in the field of protection of surface and groundwater from contamination by hazardous chemicals. The use of such terms undoubtedly complicates the intended use of Ukrainian documents. Conclusions. Proposals have been formulated on the inappropriateness of using in the legislative acts of Ukraine in the field of water policy some concepts and terms that does not meet EU requirements and have expired and are not used in Ukraine according to the Order of the Cabinet of Ministers of Ukraine №94-r from 20.01.2016. When state registration in Ukraine of PPP of foreign production, which have passed the necessary tests in EU countries, in the dossier for the formulation registered and submitted by the Applicant, the values of predicted concentrations of DR PPE in soil, surface and groundwater and air must be given. characterize the risk to humans and non-target organisms. Key Words: active substances of plant protection products, surface waters, groundwater, environmental quality standards, predicted ecological concentrations of active substances of plant protection products, monitoring of ecological and chemical condition of surface and groundwater.

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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev et A. L. Vernik. « On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy ». Occupational Safety in Industry, n^o 1 (janvier 2021) : 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.

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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.

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Dąbrowska, Jolanta, Marcin Sobota, Małgorzata Świąder, Paweł Borowski, Andrzej Moryl, Radosław Stodolak, Ewa Kucharczak, Zofia Zięba et Jan K. Kazak. « Marine Waste—Sources, Fate, Risks, Challenges and Research Needs ». International Journal of Environmental Research and Public Health 18, n^o 2 (7 janvier 2021) : 433. http://dx.doi.org/10.3390/ijerph18020433.

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The article presents a comprehensive and cross-cutting review of key marine waste issues, taking into account: sources, fate, risks, transport pathways, threats, legislation, current challenges, and knowledge gaps. The growing amount of both human-created waste in seas and oceans and waste reaching marine ecosystems from land is one of today’s challenges for the global economy and the European Union. It is predicted that if no decisive steps are taken to limit the amount of this type of waste, there may be more plastic waste than fish in the oceans after 2050. The influence of microplastics and nanoplastics on living organisms remains undiagnosed. Within the international and EU law, solutions are being developed to properly manage waste on board ships and to reduce the impact of processes related to the recycling of the vessels on the environment. Currently, over 80% of ships are dismantled in the countries of South Asia, in conditions that threaten the environment and the safety of workers. After World War 2, large quantities of chemical weapons were deposited in the seas. Steel containers with dangerous substances residing in the sea for over 70 years have begun leaking, thus polluting water. For many years, radioactive waste had also been dumped into marine ecosystems, although since 1993 there has been a total ban on such disposal of radionuclides. The impact of the COVID-19 pandemic on marine waste generation has also been presented as a significant factor influencing marine waste generation and management.

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Carr Kaljo, Cassandra. « Concept of Essential Uses : An Exploration ». European Energy and Environmental Law Review 30, Issue 1 (1 mars 2021) : 2–8. http://dx.doi.org/10.54648/eelr2021001.

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European chemicals legislation – while among the most advanced in the world – still needs tools for bringing greater consistency to the substance evaluation processes. This article explores the elements of the ‘essential use’ concept – as proposed by the Montreal Protocol – in the European framework. The Treaty on the Functioning of the European Union provides context to understanding ‘health’, ‘safety’, and ‘functioning of society’ in order to then view how these elements are reflected within Union legislation and case law. In the balancing of EU priorities, examples exist where importance is given through exemptions and derogations to sectors within the categories of health, safety, and societal advancement. This demonstrates the possibility of the concept to help define essentiality and to determine specific uses that may be deemed essential. Essential Use, Chemicals, Chemicals Legislation, European Law, Environmental Law, Montreal Protocol

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Makhamataminovich, Makhamatov Mahmud. « FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION ». American Journal of Political Science Law and Criminology 03, n^o 01 (1 janvier 2022) : 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.

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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.

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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.

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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

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Okuyucu-Ergün, Güne. « Anti-Corruption Legislation In Turkish Law ». German Law Journal 8, n^o 9 (1 septembre 2007) : 903–14. http://dx.doi.org/10.1017/s2071832200006040.

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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

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Thèses sur le sujet "Chemicals – Law and legislation – European Union countries"

Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.

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D'ANDREA, Sabrina. « Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020) ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.

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Defence date: 27 April 2021
Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.

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SCHWADERER, Melanie Ariane. « Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM ». Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.

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Defence date: 27 February 2019
Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.

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RODRIGUES, DE OLIVEIRA Ricardo Filipe. « Hello. It’s me. : the invisible journey and uncertain validity of passenger name records ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73101.

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Defence Date: 22/11/2021; Examining Board: Prof. Albertina Albors-Llorens (Cambridge University);Prof. Deirdre Curtin (European University Institute);Prof. Valsamis Mitsilegas (Queen Mary University of London);Prof. Joanne Scott (European University Institute)
With the approval of Directive (EU) 2016/681 on the use of Passenger Name Records (PNR), the personal information provided to carriers by air passengers crossing European Union (EU) borders is available for mining by national law enforcement, third countries, and Europol. This is in line with other pre-emptive security policies, but it goes further in generalizing suspicion over large numbers of EU and non-EU travelers. After years of pressure from the United States under the banner of the global war on terror, air companies are no longer between a rock and a hard place. They are now able to lawfully disclose big data gathered as part of the normal course of business. Following booking and reservation, up to 19 items of individual data must be provided to Passenger Information Units for criminal investigations and other appropriate actions. The intra-EU PNR system has managed to fly under the radar of scholars and public opinion. Most specialized literature is limited to superficial discussions on security and privacy. There is insufficient research looking at it comprehensively and in detail. This thesis explores this novel security policy in depth and questions its validity. It argues that the PNR scheme should be invalidated by the Court of Justice of the EU for two reasons. In the first place, the Union was not competent to approve a secondary law so intrusive to the national security agendas and policies of the member states. Secondly, the Directive disproportionately encroaches upon the fundamental rights of passengers. There is, as yet, no doctoral project which analyzes the EU PNR so thoroughly. This work fills a gap in scholarly writing regarding fundamental rights and creeping competences in EU law. Its novelty lies in questioning issues that have been overlooked, or insufficiently addressed, in the journey of the PNR Directive.

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Zhu, Feng. « EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.

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Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.

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Boissel, Dombreval Hugues. « La libéralisation des télécommunications dans l'Union européenne ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64263.pdf.

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GIGLI, Michele. « EUROSUR funding policy : how financial accountability challenges the European strategy for external border management ». Doctoral thesis, European University Institute, 2020. https://hdl.handle.net/1814/69196.

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Award date: 18 November 2020
Supervisor : Professor Deirdre Curtin (European University Insitute)
This thesis explores the way the development of the European Border Surveillance System (EUROSUR) has been funded and assess whether the funding strategy adopted complies with established principles of financial accountability. Starting from a notion of financial accountability as a duty to report expenditure in a measurable, transparent and coherent way, relevant budget lines contributing to the development of the system will be singled out in order to assess whether they have been implemented in accordance with those criteria. While the funding strategy initially relied on a multi-level system of financial governance involving the EU, the Member States and the executive agency Frontex, EUROSUR funds were then channelled into three main funding streams belonging to different policy areas of the EU: research and development, border management and humanitarian aid to developing countries. An integrated analysis of these financial instruments shows that the overall EUROSUR funding policy infringes principles to be respected to give account of expenditure, because of original accountability gaps affecting the launch of the EUROSUR project. Nevertheless, this deficit has been reduced over time. Chances are that in the next multiannual financial framework, running for the period 2021-2027 compliance will be improved in the field of external border management, with a more efficient use of available resources.

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Deleau, Delphine. « The European court of justice 'open skies' judgments of 5 November 2002 : a Euopean contribution to the multilateral framework for International Aviation relations ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80914.

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The 'Open Skies' policy launched by the United States in 1992 gave birth to new bilateral agreements between them and most Member States of the European Union, as the latter were adopting a single aviation market. Nevertheless, the nationality clause the agreements included conflicted with the Community principle of freedom of establishment.
On November 5, 2002, the European Court of Justice therefore ruled there was indeed violation. However, the true question raised by the agreements focused less on such violation, which was anterior to those agreements, than on their fragmentation and the inequality they created in the Europe/United States aviation relations.
Indeed, the issue to be stressed in the judgments is linked to the building of the external competence of the Union with regards to aviation. While the Court refused to grant total competence to the Community, it made that of the Member States impracticable, leading to a global mandate for the Commission.
Although the orientations of the agreements to be concluded are foreseeable, the role the European Union will play in a potential multilateral negotiation remains to be defined.

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Pechberty, Sébastien. « Abuse of a dominant position under Article 82 of the E.C.Treaty, in the air transport sector ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78224.

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The air transport sector is one that is particularly conducive to market dominance, and therefore to potential abuse thereof. Characterised, for several decades, by the omnipresence of barriers attributable to the preferential treatment enjoyed by undertakings under the sponsorship of their respective governments, European civil air transport has undergone progressive liberalisation over the years, under the auspices of the European institutions.
The object of the present thesis is to assess how the provisions of Article 82 of the E.C. Treaty have applied to the air transport sector prior and subsequent to deregulation, and how they remain indispensable, in the wake of emerging new factors that tend to keep the market of scheduled air services oligopolistic.

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Livres sur le sujet "Chemicals – Law and legislation – European Union countries"

EU chemicals regulation : New governance, hybridity and reach. Cheltenham, UK : Edward Elgar Publishing, 2015.

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Eriksson, Johan. Regulating Chemical Risks : European and Global Challenges. Dordrecht : Springer Science+Business Media B.V., 2010.

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Associates, Peter Fisk. Chemical risk assessment : A manual for REACH. Chichester, West Sussex, United Kingdom : Wiley, 2014.

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Schütze, Robert. EU treaties and legislation. New York : Cambridge University Press, 2015.

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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.

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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.

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Siegfried, Fina, Stanford-Vienna Transatlantic Technology Law Forum., Forum on Contemporary Europe et Stanford Center for E-Commerce, dir. European Union e-commerce law : Consolidated legislation. Stanford, Calif : Stanford Law Books, 2008.

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1956-, Wattèl Peter Jacob, dir. European tax law. 5^e éd. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2008.

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Terra, B. J. M. European tax law. Deventer : Kluwer Law and Taxation Publishers, 1993.

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Terra, B. J. M. European tax law. 2^e éd. London : Kluwer Law International, 1997.

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Chapitres de livres sur le sujet "Chemicals – Law and legislation – European Union countries"

Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.

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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.

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Hemels, Sigrid. « Social Enterprises and Tax : Living Apart Together ? » Dans The International Handbook of Social Enterprise Law, 77–100. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_5.

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AbstractThis chapter examines the complex relationship between social enterprises and taxation. The focus is not on a specific country, although various examples are mentioned. As specific tax measures for social enterprises are a form of tax incentives, the chapter discusses this public finance concept. In addition, an important legal constraint on introducing such incentives for social enterprises in the European Union (EU) is discussed: the prohibition of state aid. From an analysis of the taxation of profits of social enterprises, it turns out that only a few countries have implemented tax incentives to further social enterprise models. Some social enterprises may meet the charity definition and thus benefit from tax incentives for charities. The drawback might be that it may require social enterprises to use next best legal forms. The chapter also discusses the relevant tax aspects for funders of social enterprises. Tax rules can especially be detrimental to the funding of high-risk social enterprises. Social enterprises also encounter value-added tax (VAT) issues. The VAT that applies in the EU has been copied (with variations) by many non-EU Member States. For that reason, this chapter focusses on the EU VAT legislation as included in the VAT. Problems emerging from the impossibility to deduct input VAT can best be solved outside the VAT framework.

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Celeste, Edoardo, et Federico Fabbrini. « Competing Jurisdictions : Data Privacy Across the Borders ». Dans Palgrave Studies in Digital Business & ; Enabling Technologies, 43–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.

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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.

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Broom, Donald M. « EU regulations and the current position of animal welfare. » Dans The economics of farm animal welfare : theory, evidence and policy, 147–55. Wallingford : CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.

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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.

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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie et Gordon Wright. « Patents and Competition Law—United Kingdom and European Union ». Dans Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0029.

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This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.

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Hauschild, Rüdiger, et Willem J. Ravensberg. « Key issues in the regulation of microbial bioprotectants in the European Union : challenges and solutions to achieve more sustainable crop protection ». Dans Microbial bioprotectants for plant disease management, 187–222. Burleigh Dodds Science Publishing, 2021. http://dx.doi.org/10.19103/as.2021.0093.07.

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Microbial bioprotectants, like chemical pesticides, are required to pass a risk assessment and risk management procedure prior to use in plant protection, which in many countries is an obstacle for market access, in particular, the European Union. Administrative issues and data requirements, adapted from those used for chemicals, cause issues for both applicants and evaluators. These issues are reviewed and improvements are proposed. Biology should be the basis of the evaluation and data requirements for microorganisms, with an emphasis in this chapter on microbial compounds and testing methods. Political actions involving the use of pesticides are reviewed and recommendations are made on how to improve the system for microbial bioprotectants, including new uses. New legislation is suggested for all microorganisms used in agriculture and related uses based on the assumption that well-known microorganisms are of low risk to human health and the environment.

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Hajnal, Zsolt. « The Emergence of Member States’ Characteristics in European and National Consumer Law ». Dans The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.

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European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.

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Pahl, Bogumił, et Michał Mariański. « Evolution of the Taxation of Wind Power Plants in the Polish Tax Law ». Dans European Financial Law in Times of Crisis of the European Union, 477–86. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.45.

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The general purpose of the article is to present in a comparative perspective how the principles of the taxation of wind power plants have evolved. In the Polish tax law, over the past several years, the legislature has undertaken considerable efforts to modify those principles. The lack of the stability of tax legislation may prove to be one of the main reasons for discouraging economic operators from pursuing such investments. Most evidently, the lawmakers do not have a clear vision of a coherent and permanent legal framework in this aspect. The purpose of this article is to present how the principles of the taxation of wind power plants in Poland have evolved. Perhaps the wider experience of other European countries in this regard will help to develop a model of the taxation of wind power plants not only in Poland but also in other East and Central European Union Countries.

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Peter, Nobel, et Kaempf Markus. « Part VI European Securities Markets Supervision, 17 Regulation and Consolidation of European Markets and Exchanges ». Dans Financial Markets and Exchanges Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827528.003.0017.

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This chapter puts an emphasis on the regulation of marketed products, conduct of the issuers and operators, and the distribution of financial instruments. It mentions the basic provision on cross—border investment in the European Union (EU) that is found in Art 63 of the Treaty on the Functioning of the European Union (TFEU), which guarantees the free movement of capital. It also explains the difference of the freedom of movement of capital from all other economic freedoms provided by TFEU. This chapter describes how market participants from non—EU countries benefit from the freedom of movement of capital, which does not need any implementing legislation at member State level. It also discusses how the freedom of capital movement lays down a general prohibition that goes beyond the mere elimination of unequal treatment on grounds of nationality.

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Bugarski, Tatjana. « Serbia : Criminal Law of the Republic of Serbia ». Dans Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 157–204. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_6.

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The criminal legislation of the Republic of Serbia has a legal tradition of nearly a century. Moving through its development, today, it is at the level of modern criminal justice systems, which is largely in line with generally accepted international legal standards that ensure effective legislation while protecting and ensuring basic human rights. Intensive reforms of criminal legislation in the Repub- lic of Serbia started at the beginning of the 21st century. Although legislative interventions in the field of criminal law have been highly intensive both quantitatively and qualitatively over the last two decades, it must be stated that the same trend is noticeable in other European countries, even those that traditionally have stable criminal legislation. The development of criminal legislation is, on the one hand, conditioned by the harmonization of criminal legislation with the law and standards of the European Union, while, on the other hand, the legislature is guided by other reasons because regardless of how much one strives for stable criminal legislation, one cannot deny the dynamic character of crime, the intensity of which is accompanied by social, political, economic, and other changes that have accelerated in the modern world. The paper presents an overview of the criminal legislation of the Republic of Serbia regarding the following issues: a brief history of its development, the primary legal sources, relevant institutions, and a comparison with relevant EU documents and key international trends.

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Actes de conférences sur le sujet "Chemicals – Law and legislation – European Union countries"

Silovs, Mihails, et Olga Dmitrijeva. « Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union ». Dans 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.

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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.

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Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.

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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.

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Popa, Luminita. « "ELECTRONIC SHEET OF PRACTICE" USED IN ROMANIAN STUDENTS' INTERNSHIP ACTIVITIES ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-072.

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Practice in Romania universities is regulated by the Education Law, which stipulates the students' obligation to perform it. In the case of students' specialty professional practice at economic agents, the Labor Code has also provisions that apply to them. The Labor Code is completed by the other provisions of labor legislation in Romania, in harmony with EU norms and rules of international labor law. The orders of the Ministry of Education on professional practice stipulates that conducting internship in university programs is developed under the Framework Convention between the organizer of practice (university), practice partner (economic agent) and practitioner (student). The Electronic Sheet of Practice (ESP) requires also three different perspectives for student practitioner, faculty member (practice mentor) and economic agent. Using Electronic Sheet of Practic instrument, faculty members practice mentors can post their programs including students' practice results. The existence of such assessment tools and their use in accordance with the law governing the practice of students ensure professional assessment and uniformity of training, fostering their careers accessibility. Such tools, appropriate to each stage of specialty practice development, could be judiciously organized in the European Union countries. The need for such tools, which represent a support unit for the specialty practical training of students, is felt during this period in Romania, which, as its membership of the European Union, must find solutions to meet both commitments and to resolve social problems they face. The educational activities and products of the project, are evaluated favourably by the students who intend to continue their implementation, including in new projects development of the some aspects of the project developed.

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Bodul, Dejan. « WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.

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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.

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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.

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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.

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