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1
Williams, Colin C., et Aysegul Kayaoglu. « Evaluating the prevalence of employees without written terms of employment in the European Union ». Employee Relations 39, no 4 (5 juin 2017) : 487–502. http://dx.doi.org/10.1108/er-10-2016-0189.
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Purpose Until now, there has been scant evidence on the proportion and characteristics of employees working without a written contract or terms of employment. To begin to fill this gap, the purpose of this paper is to evaluate the prevalence and distribution of employees without written contracts or terms of employment in the European Union (EU), examining whether they are unevenly distributed across countries and EU regions, and whether it is vulnerable population groups who are more likely to be without such written contracts. Design/methodology/approach A 2013 Eurobarometer survey comprising 11,025 face-to-face interviews with employees in the 28 member states of the EU (EU-28) is reported. Findings The finding is that it is less socio-demographic and socio-economic characteristics, and more firm size, institutional environment and spatial factors that are important in explaining the prevalence of employment without a written contract. Thus, governments should address not individuals but rather the formal institutional failings and asymmetry between civic and state morality, in order to reduce the level of employment without a written contract, and focus their attention on smaller firms, larger towns and Southern European countries, especially Cyprus, Malta and Portugal. Research limitations/implications Future research needs to evaluate whether and how the conditions of employment (e.g. wage rates, health and safety conditions, holiday entitlements) of employees without written contracts or terms of employment differ to their equivalents who have written contracts or terms of employment. This will reveal the implications of workers not being issued with written contracts or terms of employment. Originality/value This is one of the first extensive evaluations of the prevalence and distribution of employees without written contracts or terms of employment.
2
Savchuk, Sergiy. « Special aspects of legal regulation of fixed-term employment contracts of some European countries ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
3
Nemec, Peter, et Peter Džupka. « DETERMINANTS OF SME ACCESS TO PUBLIC PROCUREMENT : EMPIRICAL EVIDENCE FROM THE VISEGRAD GROUP COUNTRIES ». Proceedings of CBU in Economics and Business 2 (24 octobre 2021) : 75–80. http://dx.doi.org/10.12955/peb.v2.257.
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This article aims to investigate the factors influencing the success of small and medium-sized enterprises (SMEs) in public procurement in the Visegrad Group Countries. According to the European Union, tools such as the division of contracts into smaller lots or the evaluation of tenders based on the most economically advantageous tender (MEAT) increase the chances of SME’s winning contracts in public procurement. In particular, the evaluation of tenders based on MEAT rather than the lowest price is a tool favoring SMEs, as it boosts their innovative potential, which creates the preconditions for achieving the best value for taxpayers' money. By analyzing more than 150,000 contract award notices published in the Tenders Electronic Daily in 2019, we found a positive effect on SMEs' chances of winning a contract when using framework agreements or dividing contracts into smaller lots. Moreover, the results of multinomial logit regression suggest that the evaluation of tenders based on MEAT rather than lowest prices increases the chances of SMEs to win the contract by more than 50%. However, the findings that the share of SMEs in the total financial value of contracts is less than 20%, with SMEs winning more than 60% of all contracts, suggest that some obstacles of SMEs' access to public contracts, such as financial, administrative or technical complexity of projects may persist and require further research.
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Lampreia dos Santos, M. J. P. L. « Segmenting farms in European Union ». Agricultural Economics (Zemědělská ekonomika) 59, No. 2 (12 mars 2013) : 49–57. http://dx.doi.org/10.17221/28/2012-agricecon.
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The main objective of this work is to characterize and segment the farms of the twenty-seven Member States of the European Union (EU). For this purpose, the techniques of cluster analysis and cluster of cases segment the farms, based on a sample of farms of the Farm Accountancy and Information Network. The results show the existence of four types of farms in the EU that are distinguishable by their (i) structural characteristics, in particular, for their Utilized Agricultural Area, the total output, by the percentage of contract work and the total work, (ii) by their financial characteristics, i.e., by their total assets and the cash flow of the EU farms, and (iii) by their guidance and the importance of subsidies on these farms. These results thus suggest the definition of the Common Agricultural Policy differentiated and adapted to the existing four clusters of countries. We suggest the development of typologies of farms in the EU, with a more robust database involving different EU regions that constitute the different countries in order to obtain the robust types of farms from different European regions.
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Baccaro, Lucio, Rüya Gökhan Koçer, Jorge Galindo et Valeria Pulignano. « Determinants of Indefinite Contracts in Europe : The Role of Unemployment ». Comparative Sociology 15, no 6 (23 novembre 2016) : 794–838. http://dx.doi.org/10.1163/15691330-12341412.
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Using individual-level data from the 2010 wave of the European Working Conditions Survey (ewcs), and country-level data on unemployment, employment protection legislation and union density for 21 European countries, this paper provides a comprehensive multi-level analysis of the determinants of indefinite employment contracts. The authors find that workers’ autonomy on the job, the intensity of computer use, and the presence of general and specific skills are associated with greater contract security. Perhaps more importantly, the authors find a strong negative effect of unemployment, particularly on workers cumulating multiple sources of labor market vulnerability, such as young age, low skill, low autonomy, and immigrant status, especially but not exclusively in the Mediterranean countries most affected by the crisis.
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Matsue, Toyoki. « Labour Market Institutions and Amplification of Employment Fluctuations ». Central European Economic Journal 6, no 53 (29 avril 2020) : 164–73. http://dx.doi.org/10.2478/ceej-2019-0010.
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AbstractLabour market reforms have been undertaken to eliminate labour market rigidities in European countries since 1970s. The important features of the reforms are the reduction in adjustment costs and the introduction of fixed-term contracts (FTC). Some empirical studies point out that employment fluctuations have become more volatile after the reforms. This paper presents a model with FTC and analyzes the effects of the key features of the reforms. Numerical examples show that an expected productivity shock causes the oscillatory behaviour of employment. Moreover, a reduction in adjustment costs amplifies fluctuations. In the labour market literature, a number of studies point out the importance of trade unions in European countries. This paper also analyzes the effects of union influence, and the numerical examples indicate that the stronger union influence leads to larger employment fluctuations.
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Drzymała, Agnieszka. « Economic Cooperation Between The European Union And Japan ». Comparative Economic Research. Central and Eastern Europe 20, no 2 (30 juin 2017) : 129–46. http://dx.doi.org/10.1515/cer-2017-0016.
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The aim of the paper is to show the history of economic relations between the European Union and Japan. This economy is very important to the EU and the countries of the EU are interested in further deepening areas of cooperation. Therefore it seems important to indicate the political will to continue mutual economic relations through the signing of contracts and bilateral agreements, as well as meetings at various levels, including SPA and EPA negotiations and summits. The course of the current economic cooperation will be shown through trade volume and foreign direct investment outflows from the European Union to Japan.
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Legros, F., et M. Danis. « Surveillance of malaria in European Union countries ». Eurosurveillance 3, no 5 (1 mai 1998) : 45–7. http://dx.doi.org/10.2807/esm.03.05.00103-en.
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The European Union countries are outside the endemic area for malaria, but many cases of malaria contracted elsewhere are imported into Europe each year. Several countries have reported high and increasing numbers of imported cases in recent years (France
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Korneva, P. M. « Conflicting regulation of relations in the field of medical tourism : the experience of the European Union ». Uzhhorod National University Herald. Series : Law, no 65 (25 octobre 2021) : 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
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The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Larsson, Bengt. « Trade Union Channels for Influencing European Union Policies ». Nordic Journal of Working Life Studies 5, no 3 (1 octobre 2015) : 101. http://dx.doi.org/10.19154/njwls.v5i3.4809.
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This paper analyzes what channels trade unions in Europe use when trying to influence European Union (EU) policies. It compares and contrasts trade unions in different industrial relations regimes with regard to the degree to which they cooperate with different actors to influence EU policies, while also touching on the importance of sector differences and organizational resources. The study is based on survey data collected in 2010–2011 from unions affiliated with the European Trade Union Confederation and from below peak unions in 14 European countries. Results of the survey show that the ‘national route’ is generally the most important for trade unions in influencing EU policies in the sense that this channel is, on average, used to the highest degree. In addition, the survey delineates some important differences between trade unions in different industrial relations regimes with regard to the balance between the national route and different access points in the ‘Brussels route’.
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Kim, Jin-Kyu. « A Legal Review of ‘Best Efforts’ Clauses : Focusing on COVID-19 Vaccine Purchase Contracts ». Korea Association for International Commerce and Information 24, no 3 (30 septembre 2022) : 175–94. http://dx.doi.org/10.15798/kaici.2022.24.3.175.
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Since the World Health Organization (WHO) on March 11, 2020, declared the novel coronavirus (COVID-19) outbreak a global pandemic, many countries around the world have experienced contractual inequality in their dealings with global vaccine developers, such as delayed deliveries, limitations of liability for claims, disclaimers of warranties, and excessive confidentiality when negotiating purchase contracts. In 2021, the EU Commission filed a lawsuit in Brussels against AstraZeneca for not keeping to its purchase agreement for the supply of COVID-19 vaccines.
This study reviews the best-efforts clauses in the vaccine contracts signed by the EU and AstraZeneca focusing on the legal effects and duties of such clauses. The concept of the best-efforts clause is analyzed from a legal perspective, including its function and theoretical background in comparative law.
This study methodically reviews the best-efforts clause within the COVID-19 vaccine advance purchase contract between the EU and AstraZeneca in September 2020, and analyzes the European Union’s civil suit against AstraZeneca, filed in Belgium, for the delay in delivery of vaccines to the European Union. Consequently, this paper intends to present practical implications for the legal effects and duties of best-efforts clauses in the vaccine purchase agreements in the European Union v. AstraZeneca case.
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Niglia, Leone. « The New Transformation of Europe : Arcana Imperii ». American Journal of Comparative Law 68, no 1 (mars 2020) : 151–85. http://dx.doi.org/10.1093/ajcl/avaa005.
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Abstract The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn.
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Rubtsova, S. O., et N. A. Besetskaya. « LEGAL REGULATION OF SURROGACY IN THE REPUBLIC OF BELARUS AND THE EUROPEAN UNION ». Vestnik of Polotsk State University. Part D. Economic and legal sciences, no 6 (30 juin 2022) : 128–33. http://dx.doi.org/10.52928/2070-1632-2022-61-6-128-133.
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The article is devoted to the study of the legal framework of surrogacy as a method of assisted reproductive technologies in the Republic of Belarus and the European Union countries. Based on the identified models of legal regulation of surrogacy, the European Union countries are divided into three groups. The specific features of regulation of traditional and gestational surrogacy, commercial and altruistic surrogacy contracts, legal status of surrogate mother and genetic parents, effects of presumptions of maternity and paternity, etc., are revealed within each group. The author notes the positive and negative aspects, identifies trends in the development of foreign legislation. The article provides an assessment of the effectiveness of the Belarusian legislation on surrogacy. The author formulates the proposals aimed at its further improvement.
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Akçay, S. Belgin, et Begüm Şeren Güler. « European Mortgage Markets Versus Institutions ». International Real Estate Review 24, no 4 (31 décembre 2021) : 577–612. http://dx.doi.org/10.53383/100331.
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This study aims to measure the institutional features of residential mortgage markets in the European Union (EU) countries. The institutional features of the mortgage markets include access to credit information, protection of creditor rights, and enforcement of contracts among others, and attributes that define the evolution and functioning of mortgage markets. Differences among these features lead to institutional variations in mortgage markets among countries. In this study, we measure the institutional features along four dimensions (financial, legal, openness and cultural), and compare them to a benchmark. To achieve this, composite indices (overall index and its sub-indices) are developed with the use of a factor analysis. The findings show that the institutional features of the EU mortgage markets are diverse; northern European countries and the United Kingdom (UK) take the lead with respect to the institutional environment of their mortgage markets and have markets with higher institutional quality than the others. That is, these countries have mortgage markets with a more efficient legal framework, more government transparency in policymaking, easier access to financial services and credit information, etc.
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Major, Iván. « Will Central and Eastern European Countries Dismantle the European Union?—Contrasting European Developments to Current Trends in the US ». Journal of Economics and Public Finance 5, no 2 (30 mai 2019) : p234. http://dx.doi.org/10.22158/jepf.v5n2p234.
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This paper analyzes the historical background of the current developments in Central Eastern Europe, in other parts of Eastern Europe and in previously member countries of the former Soviet Union. The author concludes that the political and economic transformation of these countries to a solid democracy and well-functioning market economy have not been successful for most of them yet, and this may have serious consequences on the European Union, too.The paper contrasts these trends with what we can observe in the United States now. The author turns to the “hard facts” next, when he discusses the different factors of human and economic development and the issue of migration in the Central and East European post-socialist countries and in a selected group of advanced countries.
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Rychlicki, Stanisław, et Jakub Siemek. « Current conditions and forecasts of natural gas application in the production of electricity ». Gospodarka Surowcami Mineralnymi - Mineral Resources Management 29, no 1 (1 mars 2013) : 5–172. http://dx.doi.org/10.2478/gospo-2013-0004.
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Abstract In times of global crisis, there is a dynamic change in the European gas market. This leads to: - decline or stagnation in demand for gas in the industrial sector; - growing importance of unconventional natural gas; - LNGmarket development especially in terminal condensing due to the availability of rawmaterials derived from unconventional gas deposits (USA, Canada); - development of regasification terminals in Europe due to the possibility of receiving additionalmaterial; - development of gas exchanges; - development of cross-border gas pipeline connections leading to a progressive increase in the integration and linkages between markets; - emergence of unconventional gas in particular shale gas and coal bed methane; in Poland the potential benefits from shale gas exploitation offering opportunities for its wider use in the energy sector; - attention drawn to the role of unconventional gas, particularly shale gas; - periodic surplus raw materials for the European market; - renegotiation of long-term contracts for European customers; - changes in contracts, which include the introduction of partial indexation to the exchange of gas markets, modification of TorP clauses, contract volume shift to later years; - stronger bargaining position for the buyer of raw materials; - possible long-term changes in the valuation of raw material in Europe; - growing importance of short and medium-term contracts; - changes in distributor relations - [client on national markets (meaning unclear)]; - activity of new entrants to the gas markets. This paper presents the existing situation in the energy market in Poland in terms of the types of fuels used especially natural gas in the generation of electricity. It references Poland’s current energy relations with European countries, particularly with respect to the European Union. The analysis includes the size of unit energy consumption in selected EU countries. In addition, it reviews plans to build a major gas plant in Poland.
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Natividade, Jorge, Carlos Oliveira Cruz et Cristina Matos Silva. « Improving the Efficiency of Energy Consumption in Buildings : Simulation of Alternative EnPC Models ». Sustainability 14, no 7 (2 avril 2022) : 4228. http://dx.doi.org/10.3390/su14074228.
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The construction sector and the operation and maintenance of buildings largely contribute to energy consumption and emission of greenhouse gases (GHGs) in the European Union (EU). Therefore, it is of utmost importance to improve the energy performance of buildings. Yet, this frequently involves high short-term investments, which may not be compatible with owners’ budgetary constraints. In this research we analyze the importance of Energy Performance Contracting (EnPC) for the improvement of energy efficiency in buildings. These models allow bypassing budgetary restrictions of owners (public and private ones) and bring private capital to finance energy efficiency measures. The paper analyses different models of contracting Energy Service Companies (ESCOs), from traditional models to alternative models, and exposes the versatility of the new contracting models and the associated risks. Several applications of energy performance contracts implemented in European countries are presented to identify the main characteristics that lead to successful contracts. The paper also includes the discussion of energy performance contracts applied to a public building (a school) that seeks to reduce its annual energy consumption, by testing the use of three types of energy performance contracts. The results show that there is potential in the use of EnPC but it is critical to select the most adequate model, especially when defining the contract duration, to balance both owners’ and companies’ interests.
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Kozłowski, Waldemar, Ukilyay Kerimova, Saule Yessengaziyeva et Gaukhar Rakhimzhanova. « Some Issues Concerning the Formation of The Common Economic Space Of Kazakhstan, Russia and Belarus ». Olsztyn Economic Journal 9, no 3 (19 septembre 2014) : 225–35. http://dx.doi.org/10.31648/oej.3178.
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The article discusses the issues of creating a common economic zone with the countries of the Common Economic Space by comparing this economic area to the area of the European Union. Analysis of contracts for its establishment is for consideration, as well as the pluses and minus of the implementation of the grant agreement on the CES industrial countries. A comparison of these two economic zones with similar economic problems will enable the future of their cooperation.
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Fradera, Vera. « Les Rapports entre le Droit Privé Européen et la Convention de Viene de 1980 sur la Vente Internationale de Marchandises ». Revista Brasileira de Arbitragem 6, Issue 23 (1 septembre 2009) : 54–69. http://dx.doi.org/10.54648/rba2009041.
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ABSTRACT: This article deals with the relationships between European private law and the CISG in the sense of beeing its contribution the most efficient to the aim of the harmonization of the contracts law, making easier the development of the Common Market, in a more effective way than another unification instruments, such as Unidroit Principles and the Code Européen des Contrats. Starting from the analysis of the obstacles for the uniformization of contracts rules in the European space (the pluralism of legal systems and the different languages of Law), as well the author demonstrates that the CISG would be the ideal tool to harmonize the different conceptions of contract law in effect into the European Union. Indeed, after almost thirty years of its publication, the CISG has had a remarkable sucess, beeing adopted by 72 countries. Nevertheless, not everything is perfect on its path, because its article 7 determines that the Convention will have an uniform interpretation, an aim that is very hard to be reached, due to the existence of many obstacles, as pointed above. Based on the lessons of some masters, like Claude Witz and Pierre Yves Gauthier, the author suggests the adoption of the article 7 of the CISG as a support to the rule of the facultative precedent . In addition, again the author agrees once again with M. Witz and Gauthier, that it will be necessary to create International and Regions Courts, in order to obtain an effective uniform interpretation of the CISG rules.
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Tashian, Roman I. « THE INVALIDITY OF CONTRACTS IN THE FIELD OF MEDICAL SERVICES AS A WAY TO PROTECT THE RIGHTS OF THE PATIENT ». Wiadomości Lekarskie 74, no 11 (2021) : 3004–8. http://dx.doi.org/10.36740/wlek202111224.
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The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts – entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract – the restitution of the money received under the contract and compensation of harm. Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient’s rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.
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Saad, Youssef G. « Deliverable accountability, change management and breach in consultancy contracts : A comparative study of world bank versus europeaid funded projects ». Journal of Public Procurement 17, no 4 (1 avril 2017) : 525–71. http://dx.doi.org/10.1108/jopp-17-04-2017-b003.
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A considerable proportion of donor aid is dedicated to technical assistance to support developing countries in their development initiatives. The majority of this aid comes from globally-operating international donors including the World Bank and the European Union. In spite of several harmonization attempts, there still exist major differences in their procurement regulations and standard contracts. Based on an extensive literature review on consulting services and an in-depth analysis of the standard forms of contract, it was found that divergence between both forms is not only clear but also paradigmatic owing mainly to market orientation paradigm differences. The findings and recommendations help advance research on and practice of various types of consultancy services in general.
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Steinhauser, Dušan, et Miroslava Čukanová. « Impact of Corporate Governance Framework on Economic Performance in European Union ». Studia Commercialia Bratislavensia 11, no 40 (1 décembre 2018) : 236–46. http://dx.doi.org/10.2478/stcb-2018-0018.
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Abstract In the current post-crisis period, the implementation of Corporate Governance principles has proven to be important. The Organization of Economic Cooperation and Development considers failure of Corporate Governance as one of the causes of the latest financial and economic crisis. We assume that the higher quality of institutional environment point to higher performance of the economy. The aim of the paper is to quantify the implementation of Corporate Governance in the European Union through selected qualitative indicators and his impact on economies. We have verified that countries with better values of judicial independence, protection of property rights, corruption, minority investor protection, extent of conflict of interest and resolving insolvency have a higher value of gross domestic product per capita. The index of enforcing contracts was statistically insignificant.
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Andriyanov, D. V. « Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions : Aggravation of Conflict-of-Laws Problem ». Actual Problems of Russian Law 15, no 6 (11 juillet 2020) : 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
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Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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Kravchenko, M., O. Ilyash, L. Smoliar, К. Boiarynova et O. Trofymenko. « Changes in the energy supply strategy of the EU countries amid the full-scale Russian invasion ». IOP Conference Series : Earth and Environmental Science 1126, no 1 (1 janvier 2023) : 012035. http://dx.doi.org/10.1088/1755-1315/1126/1/012035.
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Abstract Russia’s full-scale invasion of Ukraine could have a profound impact on short-term solutions to the energy crisis (due to the loss of long-term contracts for additional volumes of Russian gas). It could block a unified agenda because of diverging interests of European countries, reduce European negotiating power, and therefore, weaken Europe’s resistance to Russian energy coercion in the long term. The article confirms the hypothesis that the European energy crisis leads to a slowdown in production and is caused primarily by smaller gas reserves, higher prices and tighter global supplies. Based on the study of a specially developed index and the results of assessing the state of energy independence of the European Union since the beginning of the 21st century made it possible to carry out the task of researching changes in the energy supply system of the EU countries against a background of the Russian war. The demonstration of a map of the most relevant ways of importing pipelines to the EU indicates the need to change the directions of diversification of the energy imports structure. The goal-setting of the directions of implementing the «Fit For 55» programme regarding the reduction of gas consumption by 2030 was studied and the strategy of reducing the dependence of the European Union on Russian gas was analysed.
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Glushchenko, A. A. « Overview of international COVID-19 vaccines development and administration programs ». Urgent Problems of Europe, no 1 (2022) : 58–93. http://dx.doi.org/10.31249/ape/2022.01.03.
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The pandemic caused by the spread of the novel coronavirus has presented challenges to the international community that it has never faced before. The high rate of spread of the infection and the economic, social and political challenges associated with it have pushed individual states and international organisations to the limit in proposing the most effective methods to combat the pandemic. The article examines various examples of government support for vaccine development programs in the United States, the European Union, the United Kingdom, China and Russia, as well as the specifics of using COVID-19 vaccination programs in these countries. Based on the data presented in the article, it is concluded that government support for these programs become one of the most effective ways to increase the availability of vaccines for large-scale vaccination of citizens. Particular attention is paid to aspects of the regulatory environment for vaccine approval in a time of pandemic, the financing of vaccination programs, and international cooperation at WHO and UN level to counter the novel coronavirus pandemic. Additionally, the article analyzes contracts for the supply of vaccines in the United States, the European Union and the United Kingdom. Based on the data presented in the article, a conclusion is drawn about the possible reasons for the delays in the supply of vaccines under contracts concluded by the countries of the European Union. The results of this study can be used in the future to plan other vaccine development programs and strengthen government policy in the field of combating infectious diseases, strengthening public and private partnerships in the health sector.
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Ten Wolde, Mathijs H. « Balancing Consumer Rights and Business Interests in Online Cross-Border Consumer Contracts ». Journal of Central Banking Law and Institutions 1, no 1 (14 janvier 2022) : 1–22. http://dx.doi.org/10.21098/jcli.v1i1.11.
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Protection of consumers as weaker parties is an important goal in Indonesian society and in Indonesian law. The same applies to the EU Member States. When it comes to crossborder consumer contracts, special rules are needed to ensure this goal can still be achieved. In this regard the European Union developed rules on jurisdiction and applicable law which apply both to situations exclusively connected with EU Member States and to international situations connected with third countries. The Brussels I Regulation pursues an objective of legal certainty which consists in strengthening the legal protection of persons established inthe European Union, by enabling the applicant to easily identify the court in which he may sue and the defendant reasonably to foresee before which court, he may be sued. The Rome I Regulation does the same for the law regulating the protection of the consumer. This way both the aims of protection of the weaker consumer and legal certainty on the side of the commercial party go hand in hand. Where legal certainty is an important precondition for international trade and thus for a nation’s economy, clear rules are needed. By presenting the EU rules in the dynamics of the caselaw of the European Court of Justice, this article aimsto contribute to the discussion on how future cross-border consumer protecting regulations could be shaped in Indonesia and ASEAN.
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Ślęzak, Jarosław. « Polityka migracyjna Unii Europejskiej a problem integracji imigrantów w Niemczech, Francji i Holandii ». Cywilizacja i Polityka 16, no 16 (30 novembre 2018) : 392–403. http://dx.doi.org/10.5604/01.3001.0013.1598.
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Several stages can be distinguished in the EU migration policy. Member States within the European Communities have adopted internal regulations on economic migrants. Since the 1980s, the process of regulating the migration problem by the countries of the European Community has begun. The most important activities are TREVI agreement, Schengen, the TAMPERE Program, the Hague Program, FRONTEX, EURODAC, the Integrated Border Management Fund and the European Return Fund. The European Union has demonstrated a global approach to migration. The migration crisis has influenced the emergence of a new immigrant integration policy in Germany, France and the Netherlands. Contracts have been created for immigrants, which force them to learn a language, take up jobs and adhere to the principles of European values and culture.
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Al-Enizi, Ziad Kh, et Waleed Fouad Mahameed. « Protection of employees in international employment contracts ». Journal of Governance and Regulation 12, no 1 (2023) : 75–81. http://dx.doi.org/10.22495/jgrv12i1art7.
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This study investigated the level of labor protection as per the international labor contract. Thus, the way applicable law is applied to international labor relations in Jordan and other Arab countries such as Kuwait and Bahrain, and Rome I Regulation were discussed (Council of the European Union, 2008). This was done to evaluate labor protection in Jordan compared to the other countries. Attempts were made to raise the problem, delineate the ongoing situation in Jordan, and suggest suitable solutions. The analytical method, and the survey of judiciary literature and relevant legal documents showed labor protection in Jordan is not suitable. This is because the Jordanian judiciary is contradictory regarding the interpretation of occurrences related to determining the applicable law, for there are no clear, explicit legal provisions in this regard. It was also suggested that the Jordanian legislator intervenes to protect the labor and provides legal regulations on the application of law. This study has provided the fertile soil for beneficiaries to enhance labor protection to make it conform to international standards, and for future research to aim at this purpose, and deal with labor rights in remote work or work performed in more than one country.
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Chandak, Aashana. « Are Browse-wrap Agreements Legally Binding : As Analysed Across Multiple Jurisdictions ». International Journal of Innovative Science and Research Technology 5, no 7 (14 août 2020) : 1333–36. http://dx.doi.org/10.38124/ijisrt20jul858.
Texte intégralRésumé :
Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions
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Radwanowicz-Wanczewska, Joanna. « Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States : The Example of Poland ». Studies in Logic, Grammar and Rhetoric 65, no 1 (1 décembre 2020) : 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.
Texte intégralRésumé :
Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.
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Yudina, O. « Forming the European Union Common External Energy Policy : Key Events and Results ». World Economy and International Relations 65, no 5 (2021) : 39–48. http://dx.doi.org/10.20542/0131-2227-2021-65-5-39-48.
Texte intégralRésumé :
Received 08.05.2020. Energy has always been of particular importance to the European Union. Meanwhile, up to the beginning of the 21st century, this area had been in exclusive competence of member states, with timid attempts of the European Commission (EC) to receive part of the powers in the energy sphere. The article is devoted to the issues of the EU common external energy policy development that was accompanied by a dichotomy of interests between the member-states, which hardly like the idea of the energy sector communitarisation, and the European Commission, which has been the main driver of supranationalisation of the energy sphere for a long period of time. The author characterizes the main achievements towards the EU common external energy policy, including the law regarding the export of energy to neighboring non-member countries through various organizations, such as the Energy Community, the Eastern Partnership, MEDREG, and launching of the European Energy Union (EEU) in 2015. Special attention is paid to external factors that facilitated the enhancement of the European Commission’s role in the energy sphere. The new era for the EU common external energy policy started in 2015 with the EEU and energy security as one of its priority, partly due to the gas crises and political tension between the European Union and Russia. It is noted that the EEU has facilitated the adoption of some EC’s legal proposals that could not be adopted for a long time, such as the mechanism of consultations on new intergovernmental contracts. In general, the creation of the Energy Union should certainly be seen as strengthening the supranational energy competences of the European Commission. It is concluded that the European Commission has made a significant progress towards a common external energy policy, strongly supported by the public opinion that the European Union should speak one voice with third countries. Despite the lack of legally supported competencies in energy for the EC, it gained authority in different directions of the EU energy policy development. Under these circumstances, the common energy market that has led to energy interdependent of the member states, forces them to cooperate at a supranational level. The author argues that third countries should clearly understand the dynamic and processes of communitarisation of the energy sphere and adopt their cooperation with the European Union based on this knowledge.
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Högberg, Björn, Mattias Strandh et Anna Baranowska-Rataj. « Transitions from temporary employment to permanent employment among young adults : The role of labour law and education systems ». Journal of Sociology 55, no 4 (1 octobre 2019) : 689–707. http://dx.doi.org/10.1177/1440783319876997.
Texte intégralRésumé :
Temporary work is common across Europe, especially among young people. Whether temporary employment is a transitory stage on the road to standard employment, and whether this varies depending on institutional contexts, is controversial. This article investigates variability in transition rates from temporary to permanent employment across Europe, and how this is related to employment protection legislation (EPL) and the vocational specificity of education systems. We utilize harmonized panel data from the European Union Statistics on Income and Living Conditions, covering 18 European countries and including 34,088 temporary workers aged 18–30. The results show that stricter EPL is associated with lower rates of transitions to permanent employment, while partial deregulation, with strict EPL for permanent contracts but weaker EPL for temporary contracts, is associated with higher transition rates. Vocationally specific education systems have higher transition rates, on average. Moreover, the role of EPL is conditional on the degree of vocational specificity.
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Ates, Leyla, Moran Harari et Markus Meinzer. « Positive Spillovers in International Corporate Taxation and the European Union ». Intertax 48, Issue 4 (1 avril 2020) : 389–402. http://dx.doi.org/10.54648/taxi2020035.
Texte intégralRésumé :
The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
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Ryan, Lorraine, Juliet MacMahon, Michelle O’Sullivan, Thomas Turner, Jonathan Lavelle, Caroline Murphy, Mike O’Brien et Patrick Gunnigle. « The Same but Different : Regulating Zero Hours Work in Two Liberal Market Economies ». Irish Journal of Management 38, no 1 (30 décembre 2019) : 3–15. http://dx.doi.org/10.2478/ijm-2019-0002.
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AbstractThe rise in zero hours contracts in liberal market economies (LMEs) has recently received much attention with calls for regulation to protect workers. LMEs typically adopt flexible labour market policies that are less regulated than coordinated market economies (CMEs) as a competitive advantage. In this paper we examine nuanced differences in the nature and regulation of zero hours work in the United Kingdom (UK) and Ireland. With an increased diffusion of zero hours work in both countries, we examine the different responses taken by these similar LMEs to this contemporary employment issue. We examine whether, as expected in an LME context, there is weak regulation in both countries and the factors influencing this. We find subtle but important differences between regulations of zero hours contracts. We conclude by discussing the possible implications of the UK’s exit from the European Union (EU) (Brexit) for the regulation of precarious work.
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Lubelska-Sazanów, Małgorzata. « The Wild Differences in Law when Trading in Wild Animals : a US and EU Perspective ». American Journal of Trade and Policy 5, no 2 (31 août 2018) : 39–48. http://dx.doi.org/10.18034/ajtp.v5i2.434.
Texte intégralRésumé :
This paper aims to show the differences between a regular animal trade and trade in wildlife in the European Union (EU) and in the United States (USA/US). Although the ideas towards using the international sale of animals are similar in the US legal system and in the EU legal system, they have very different foundations. The European model aims for policy – neutral rules of private international law agreed on a multilateral basis, whereas the American approach uses unilateral rules of private international law based on a country’s own domestic interests. Even though there are still no binding international conflict of law rules that would apply to contracts between parties from the US and European countries, this problem could easily be solved in contract law by choosing the law applicable to the contract. However, though the conflict of law rules in the situation where one of the States of the USA is involved might be different in each case. That is the reason why the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was drafted. Unfortunately, the conclusion based on the material presented in the article is that CITES is not effective enough. Therefore, although the law on the sale of animals leads to similar solutions in USA and in EU, even though it is based on different legal systems (common law and civil law countries), it leads to totally different solutions concerning the law on wild animals.
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Melnychenko, Oleksandr, Tetyana Kalna-Dubinyuk, Olha Vovchak et Tetiana Girchenko. « The influence of climate change on the life insurance in the EU : A panel data approach ». E3S Web of Conferences 307 (2021) : 07001. http://dx.doi.org/10.1051/e3sconf/202130707001.
Texte intégralRésumé :
The financial sector, as one of the most sensitive economic sectors, is alert to all trends and changes in the environment. The aim of the article is to study the impact of climate change on the life insurance market using panel data from 28 countries of the European Union (EU) for the last 9 years. This study is based on a panel model, where the amount of premiums under life insurance contracts is defined as a function of the fundamental factor of climate change - greenhouse gas emissions. According to empirical findings, an increase in greenhouse gas emissions per thousand tons leads to an increase in the amount of life insurance premiums by 0.1786 million euros. It has also been found that an increase in greenhouse gas emissions per thousand tons leads to an increase in deaths in the European Union by 1.0442 people, and these consequences are statistically significant. In general, our results suggest that the life insurance market as well as the non-life insurance market is dependent on climate change. The empirical results of this study provide valuable insight into how greenhouse gas emissions affect mortality in the European Union.
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Coetzee, Juana. « A Pluralist Approach to the Law of International Sales ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (3 avril 2017) : 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1355.
Texte intégralRésumé :
International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.
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Sadin Esgerzade, Roza. « Avropa Birliyi və Azərbaycan Respublikası arasında əməkdaşlıq haqqında beynəlxalq müqavilənin əsasları ». SCIENTIFIC WORK 76, no 3 (18 mars 2022) : 74–78. http://dx.doi.org/10.36719/2663-4619/76/74-78.
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Azerbaijan, which does not have a direct border with any European country, has always been among the countries of interest to the EU due to its rich oil fields in the Caspian Basin and its geopolitical position. However, during the adoption of the concept of "Broad Europe - New Neighbors" in 2002, no South Caucasus state, including Azerbaijan, was included in the list of states listed as partners in the ENP. However, the developments in the South Caucasus in 2003 led to a change in the position of the European Commission and the European Parliament1 ("Rose Revolution" in Georgia, presidential elections in Azerbaijan). In 2004, this "mistake" was corrected. Thus, in June 2004, the countries of the South Caucasus - Azerbaijan, Georgia and Armenia - were officially invited to join the ENP. Key words: European Union, Republic of Azerbaijan, cooperation, international agreements, contracts Roza Sadin qızı Əsgərzadə Avropa Birliyi və Azərbaycan Respublikası arasında əməkdaşlıq haqqında beynəlxalq müqavilənin əsasları Xülasə Heç bir Avropa ölkəsi ilə birbaşa sərhədi olmayan Azərbaycan Xəzər hövzəsindəki zəngin neft yataqlarına və geosiyasi mövqeyinə görə həmişə Aİ-nin maraq dairəsində olan ölkələr sırasında olmuşdur. Lakin 2002-ci ildə “Geniş Avropa - Yeni Qonşular” konsepsiyasının qəbulu zamanı Azərbaycan da daxil olmaqla, heç bir Cənubi Qafqaz dövləti AQS-də tərəfdaş kimi göstərilən dövlətlər siyahısına daxil edilməmişdir. Lakin 2003-cü ildə Cənubi Qafqazda baş verən hadisələr Avropa Komissiyasının və Avropa Parlamentinin mövqeyinin dəyişməsinə səbəb olmuşdur (Gürcüstanda “Qızılgül inqilabı”, Azərbaycanda prezident seçkiləri). Beləliklə, 2004-cü ilin iyununda Cənubi Qafqaz ölkələri - Azərbaycan, Gürcüstan və Ermənistan AQS-ə qoşulmağa rəsmi şəkildə dəvət olunmuşdur. Açar sözlər: Avropa İttifaqı, Azərbaycan Respublikası, əməkdaşlıq, beynəlxalq müqavilələr, müqavilələr
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Pumpure, Inga, et Iveta Mietule. « COMPARATIVE RESEARCH ON TAX APPLICATION TO ROYALTIES CONTRACTS ». SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 6 (25 mai 2018) : 426. http://dx.doi.org/10.17770/sie2018vol1.3399.
Texte intégralRésumé :
Royalties and copyright as an economic category and topical legal terms scored in the 20th century, while improving the country's fiscal policy and differentiating tax items; the usage of economic categories of "royalties" expands and becomes important. To be able to compare how royalties beneficiaries comply with legislative acts and requirements relating to the taxation of another European Union Member State, the author compares the taxation in Latvia and Estonia. In 2018, an ambitious tax reform has been implemented in both countries.The aim of the research: to conduct a comparative study on tax requirements and issues related to royalties in Latvia and Estonia. To achieve the aim of the research, the monographic method, the methods of comparative and analytical analysis, and the grouping and graphic methods were used additionally. In the result of the research study, the author concluded that, despite the unification of tax systems in the Baltic States, the regulatory framework is different in both countries. Estonian taxpayers' tax burden in respect of royalties is significantly higher than that of the Latvian income recipient
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Sädevirta, Markus. « Regulation of Fixed-Term Employment Contracts in the EU, France, Finland and the United Kingdom : A Comparative Analysis ». International Journal of Comparative Labour Law and Industrial Relations 31, Issue 2 (1 juin 2015) : 207–31. http://dx.doi.org/10.54648/ijcl2015012.
Texte intégralRésumé :
This article considers the regulation of fixed-term contracts in the Framework Agreement on Fixed-Term Work, in the light of its key objectives. It considers whether the Framework Agreement has managed to retain open-ended contracts as the main form of employment, to prevent the abuse of successive fixed-term contracts, and to sanction such abuse. The article provides a comparative analysis of the regulations implementing the Framework Agreement and their objectives, and an assessment of whether these regulations meet the said objectives, in three European Union (EU) Member States: Finland, France and the United Kingdom (UK). The relevant CJEU case law indicates that the key principles governing the use of fixed-term contracts, such as the key role of open-ended contracts and the principle of objective reasons, are still too imprecise. This, coupled with the fact that the conditions for using successive fixed-term contracts are not precisely determined in Clause 5 and that the Clause does not have vertical direct effect, leads to the conclusion that the Framework Agreement has partly failed in its objective of preventing abuse arising from successive fixed-term contracts and retaining open-ended contracts as the main form of employment, as recent CJEU case law indicates. The effects of the Framework Agreement in respect of Clause 5 have remained relatively modest in the three countries reviewed. Legislation restricting the use of successive fixed-term contracts was already in place in France and Finland, and thus no implementation measures were needed.The UK was one of the few countries that had to introduce completely new measures to implement the Directive. Even in this case, the Agreement has not resulted in any significant improvement in the protection of fixed-term employees.
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Buccino, Giulia, Elisabetta Iossa, Biancamaria Raganelli et Mate Vincze. « Competitive dialogue : an economic and legal assessment ». Journal of Public Procurement 20, no 2 (31 mars 2020) : 163–85. http://dx.doi.org/10.1108/jopp-09-2019-0059.
Texte intégralRésumé :
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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Mendzhul, M. V., et N. O. Davydova. « The mechanism of civil law regulation of property relations of partners in de facto unions ». Uzhhorod National University Herald. Series : Law, no 65 (25 octobre 2021) : 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.
Texte intégralRésumé :
The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Maslennikov, A. « World Leading Commercial Banks in Crude Oil Derivatives Market ». World Economy and International Relations, no 9 (2015) : 69–79. http://dx.doi.org/10.20542/0131-2227-2015-9-69-79.
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The article examines recent developments in the global market for crude oil futures contracts. Amid persistently high trading volume of futures contracts for Brent and WTI global oil benchmarks structure of the market has recently changed profoundly. Share of non-commercial investors who are not directly linked to physical oil operations and are often considered speculators in the trade turnover of futures contracts for WTI at the NYMEX exchange has exceeded 50%. Financial investors play a prominent role in price discovery process for crude oil. However, world leading commercial banks that used to be the major participants in crude oil futures market and were also actively engaged into physical oil trading operations presently are forced to adjust their strategies responding to the regulatory reforms unleashed in the USA and European Union after the global financial crisis of 2008/2009. Provisions of Dodd-Frank Act in the USA and similar regulations in the European Union member countries aim to limit banks’ involvement in commodity derivatives market exclusively to hedging activities referred to swap transactions between banks and their clients. New tighter regulation substantially increases costs of commodity derivatives’ business for commercial banks. Also, the current US legislation prohibits banks from proprietary trading with derivatives instruments. These legislative innovations could substantially reduce banks’ profits. The largest global commercial banks have already reduced their physical commodity trading activities. The author concludes that while it is still unclear how significant the retreat of banks from crude oil derivatives market will be, the established mechanism of oil price setting is unlikely to change dramatically as new players from the financial sector are entering the market, replacing commercial banks.
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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 (1 décembre 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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Varul, Paul. « The Creation of New Estonian Private Law ». European Review of Private Law 16, Issue 1 (1 février 2008) : 95–109. http://dx.doi.org/10.54648/erpl2008005.
Texte intégralRésumé :
Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Horváthová, Zuzana, Josef Abrhám et Iva Chvátalová. « Development of Social Security in the Czech Republic in the Context of Current International Treaties ». European Journal of Interdisciplinary Studies 1, no 3 (30 décembre 2015) : 135. http://dx.doi.org/10.26417/ejis.v1i3.p135-141.
Texte intégralRésumé :
The aim of the paper is to evaluate the state-of-play of social security with a focus on pension insurance in the Czech Republic and this due to the potential use of international agreements with individual countries of the European region. The contracts are divided in terms of whether the state is a part of the European Union, or remains outside that integration. The use of international agreements in the field of social security currently appears to be important for a number of reasons such as tourism, openness of the labour market, economic dependence on international trade and various kinds of migration. The issue is covered by interdisciplinary studies, where the knowledge of the humanities and economic fields mingles. Overall, the work provides a comprehensive overview of international agreements in the territory of the Czech Republic, not only in the period of the capitalism, but also captures the recent history, the period from the 1960s up to now, when the Czech Republic used to be a part of the socialist bloc, At that time most important become agreements and contracts with the former USSR.
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Horváthová, Zuzana, Josef Abrhám et Iva Chvátalová. « Development of Social Security in the Czech Republic in the Context of Current International Treaties ». European Journal of Interdisciplinary Studies 3, no 1 (30 décembre 2015) : 135. http://dx.doi.org/10.26417/ejis.v3i1.p135-141.
Texte intégralRésumé :
The aim of the paper is to evaluate the state-of-play of social security with a focus on pension insurance in the Czech Republic and this due to the potential use of international agreements with individual countries of the European region. The contracts are divided in terms of whether the state is a part of the European Union, or remains outside that integration. The use of international agreements in the field of social security currently appears to be important for a number of reasons such as tourism, openness of the labour market, economic dependence on international trade and various kinds of migration. The issue is covered by interdisciplinary studies, where the knowledge of the humanities and economic fields mingles. Overall, the work provides a comprehensive overview of international agreements in the territory of the Czech Republic, not only in the period of the capitalism, but also captures the recent history, the period from the 1960s up to now, when the Czech Republic used to be a part of the socialist bloc, At that time most important become agreements and contracts with the former USSR.
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Dawar, Kamala. « The 2016 European Union International Procurement Instruments Amendments to the 2012 Buy European Proposal : A Retrospective Assessment of Its Prospects ». Journal of World Trade 50, Issue 5 (1 octobre 2016) : 845–65. http://dx.doi.org/10.54648/trad2016034.
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This article assesses the European Commission’s 2016 Amended Proposal for ‘a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries’.1 The proposed regulation aims to improve the conditions under which European Union (EU) businesses can compete for public contracts abroad. It provides the EU with leverage through imposing a price penalty on any tender for an EU procurement which is originating in a country that does not offer the EU ‘reciprocity’ in access to its procurement markets. After introducing the 2016 International Procurement Instrument (IPI) Amended Proposal, the article examines the legal framework of the Amended Proposal with reference to its evolution from the European Commission’s original 2012 proposed regulation. The analysis then turns to the concept of reciprocity, which serves as the justificatory basis of the Commission’s proposal before assessing the 2016 Amended Proposal’s compatibility with the EU’s commitments under the World Trade Organization (WTO), including most notably the World Trade Organization’s Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (ASCM). This assessment concludes by questioning the compatibility of this proposed regulation with the EU’s obligations under the WTO as well as the objectives of the EU procurement rules, underpinned by Treaty principles.
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Lando, Ole. « Have the PECL Been a Success or a Failure ? » European Review of Private Law 17, Issue 3 (1 juin 2009) : 367–75. http://dx.doi.org/10.54648/erpl2009025.
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The article treats the impact of the Principles of European Contract Law (PECL), which were published in 2000 and 2003. They have had a considerable influence on law reforms in various European Countries, and has prompted the Commission of the EC to sponsor the bringing about of a Common Frame of Reference which is being prepared by the Study Group of a European Civil Code and other groups, and which is intended to operate as soft law. However, the author’s ambition that the PECL would bring about a binding European Civil Code of Contract applicable in the European Union and replacing the national laws will probably not be realised for a long time to come.
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Chetverikov, A. O., et T. S. Zaplatina. « Migration and Legal Regulation of the Admission of Foreign Scientists to the EU to Conduct Scientific Research at European Mega-Science Facilities ». Lex Russica, no 1 (19 janvier 2021) : 135–47. http://dx.doi.org/10.17803/1729-5920.2021.170.1.135-147.
Texte intégralRésumé :
In the context of the reform of migration legislation in Russia, proceeding from the Concept of State Migration Policy of the Russian Federation for 2019-2025 and the Strategy of Scientific and Technological Development of the Russian Federation in 2016, the paper examines the experience of the supranational legal system of the European Union to create a special procedure for the admission of scientists from countries outside the EU, for the purpose of conducting scientific research in EU megascience facilities (experimental reactors, particle colliders, the synchrotrons, etc.).The subject of the study is the provisions of Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016. "On the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training, Voluntary Service, Pupil Exchange Schemes or Educational Projects and Au Paring" in the part relating to scientists ("Researchers" in the terminology of the Directive).Following the general characteristics (history of adoption, action in time, space and in the circle of persons, conceptual apparatus), the general and special conditions for admission of foreign scientists to the EU, the legal features of "admission agreements" with research organizations of the EU member States and migration documents (residence permits or visas for long-term stay), on the basis of which foreign scientists enter and engage in research activities in the EU, are considered.The final section specifies alternative legal mechanisms for the admission of foreign scientists to the EU — civil law and employment contracts (contracts), including within the framework of the application of EU legislation on the labor migration of highly skilled workers from third countries and the European blue card established by this legislation.