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

Auteur : Grafiati
Publié le 10 mars 2023

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

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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, no 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, no 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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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova et Yuri Bokov. « Liability for Violation of Environmental Legislation in the EU ». European Energy and Environmental Law Review 30, Issue 1 (1 mars 2021) : 9–19. http://dx.doi.org/10.54648/eelr2021002.

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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, no 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.

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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Cyman, D., E. Gromova et E. Juchnevicius. « Regulation of Artificial Intelligence in BRICS and the European Union ». BRICS Law Journal 8, no 1 (11 avril 2021) : 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.

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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, no 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.

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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Timofeyeva, Liliya. « EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME ». European Historical Studies, no 21 (2022) : 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.

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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov et Yuriy Lutsenko. « Combating commodity smuggling in Ukraine : in search of the optimal legislative model ». Revista Amazonia Investiga 10, no 47 (17 décembre 2021) : 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.

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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Hartley, Trevor C. « The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws ». International and Comparative Law Quarterly 54, no 4 (octobre 2005) : 813–28. http://dx.doi.org/10.1093/iclq/lei038.

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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Thèses sur le sujet "European Union countries – Law and legislation"

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

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

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Defence date: 27 April 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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Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.

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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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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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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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KOSTA, Vasiliki. « Fundamental rights in internal market legislation ». Doctoral thesis, 2013. http://hdl.handle.net/1814/28041.

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Defence date: 17 June 2013
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Professor Bruno de Witte (EUI Supervisor) ; Professor Hans-Wolfgang Micklitz, European University Institute ; Professor Niamh Nic Shuibne, University of Edinburgh ; Dr. Clemens Ladenburger, European Commission.
This thesis places the debate on the relationship between fundamental rights and the internal market outside the field of negative integration (where it is usually takes place) into the field of positive integration. It examines the extent to which there is an internal market competence to deal with fundamental rights and analyses new mechanisms for fundamental rights protection outside the Courts. Against this backdrop, this thesis analyses the existing harmonisation practice in the EU through the lens of four fundamental rights: (i) data protection, (ii) freedom of expression, (iii) fundamental labour rights [the right to collective bargaining and the right to fair and just working conditions] and (iv) the right to health. The research reveals that there is a considerable amount of internal market legislation dealing with fundamental rights (even pre-existing the EU Charter of Fundamental Rights) but that most of it is not couched in fundamental rights terms. This thesis identifies the determinants, which account for the current prevalent conceptualisation and assesses the consequences of such approaches both for the substantive content of legislation and for its judicial review. The thesis provides a much more differentiated account of the EU's fundamental rights policy in and through the internal market than perhaps initially expected. It builds the case for a conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislator in the establishment of an internal market that is firmly based on respect for fundamental rights.
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MORAIS, LEITAO Teresa. « Civil liability for environmental damage : a comparative survey of harmonised European legislation ». Doctoral thesis, 1995. http://hdl.handle.net/1814/5464.

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

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

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2

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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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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Anti-discrimination law and the European Union. Oxford : Oxford University Press, 2002.

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Law of the European Union social chapter. Oxford : Hart Publishing, 1998.

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1956-, Wattèl Peter Jacob, dir. European tax law. 5e 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. 2e éd. London : Kluwer Law International, 1997.

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K, Hervey Tamara, O'Keeffe David, University College, London. Centre for the Law of the European Union. et Europäische Rechtsakademie Trier, dir. Sex equality law in the European Union. Chichester : Wiley, 1996.

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

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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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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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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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Fellmer, Bettina. « The adoption of the acquis communautaire in environmental legislation in the accession countries — examples under German co-ordination ». Dans Environmental Protection in the European Union, 113–24. Berlin, Heidelberg : Springer Berlin Heidelberg, 2004. http://dx.doi.org/10.1007/978-3-662-09714-4_10.

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Vasserot, Carlos Vargas. « Legal Regulation of Social Enterprises in Other European Countries ». Dans The International Handbook of Social Enterprise Law, 941–50. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_45.

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AbstractThis chapter deals with the legal regulation of social enterprises in several European countries not analyzed in the previous chapters. These countries adopted specific laws to regulate this type of entity. Nine countries were studied: Finland, Slovenia, Denmark, Romania, Greece, Latvia, Slovakia, Bulgaria, and Lithuania. Most of these countries are small sized economically but have been very active in enacting special legislation on social enterprises. Hence, it would be interesting to briefly describe their respective legal regime.
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Triziszka, Tadeusz. « Public access to information on the environment and environmental law implementation — the new legislation in practice ». Dans Environmental Protection in the European Union, 67–77. Berlin, Heidelberg : Springer Berlin Heidelberg, 2004. http://dx.doi.org/10.1007/978-3-662-09714-4_6.

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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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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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Elek, Balázs. « Criminal Judicial Cooperation from a Central and Eastern European Perspective ». Dans The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.

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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Actes de conférences sur le sujet "European Union countries – Law and legislation"

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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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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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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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Urbane, Marta. « The Future of the Employee’s Right to Disconnect in the European Union and Latvia ». Dans 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.

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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Macerinskiene, Irena. « INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES ». Dans SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.050.

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Adashys, L. I. « CITIZENSHIP OF THE EUROPEAN UNION AS A PHENOMENON ». Dans LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE : REGULARITIES AND DEVELOPMENT TRENDS. Baltija Publishing, 2020. http://dx.doi.org/10.30525/978-9934-588-92-1-93.

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Haase, Adrian. « Harmonizing substantive cybercrime law through European union directive 2013/40/EU — From European legislation to international model law ? » Dans 2015 First International Conference on Anti-Cybercrime (ICACC). IEEE, 2015. http://dx.doi.org/10.1109/anti-cybercrime.2015.7351931.

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Khlopov, A. A. « Legislative features of regulation and state of criminal legal protection information of private character in the Baltic countries ». Dans LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT : TRADITIONS AND NEW EUROPEAN APPROACHES. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-116-9-36.

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