Littérature scientifique sur le sujet « Finance, Public – Law and legislation – European Union »
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Articles de revues sur le sujet "Finance, Public – Law and legislation – European Union"
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Tofan, Mihaela, Mihaela Onofrei et Anca-Florentina Vatamanu. « Fiscal Responsibility Legal Framework—New Paradigm for Fiscal Discipline in the EU ». Risks 8, no 3 (21 juillet 2020) : 79. http://dx.doi.org/10.3390/risks8030079.
Texte intégralRésumé :
This paper aims at studying the legal aspects of the European Union (EU)’s fiscal policy, analyzing the statute of fiscal responsibility legal framework, the different measures undertaken in the last years with respect to European trends in fiscal governance and their implications for challenges in public finance sustainability. The research started from the presupposition that there is a lack of mechanisms capable of enforcing the area of public finance sustainability, and the implication of the events that created the economic conjuncture of recent years reveals that the solidity of public finances has reached an impasse and needs to be enhanced. The analyzed documents from the area of fiscal responsibility show formal respect for the legislative framework aimed at consolidating public finance sustainability and accentuate the need to use fiscal laws, independent institutions and mechanisms that put constraints on policymakers and determine them to spend more efficiently, invest more wisely, and obtain better results regarding public finance sustainability. We conclude that future policymaking processes need to consider the consolidation of independent fiscal institutions founded by Fiscal Responsibility Law framework, completed by fiscal rules and, therefore, need to redesign the fiscal risk management process.
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Vyklický, Martin, Petr Man, Rudolf Franz Heidu et Radek Jurčík. « Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic ». DANUBE : Law and Economics Review 7, no 1 (1 mars 2016) : 19–39. http://dx.doi.org/10.1515/danb-2016-0002.
Texte intégralRésumé :
Abstract Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010–2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.
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Sobieski, Leszek. « E-HEALTH IN THE CONTEXT OF THE SUBSIDIARITY PRINCIPLE. COMMENTS AGAINST THE BACKGROUND OF POLISH LAW ». Review of European and Comparative Law 35, no 4 (16 juin 2019) : 27–40. http://dx.doi.org/10.31743/recl.4808.
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In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation.
Article 5 of the Treaty on European Union and the Treaty on the Functioning of the European Union and the preamble to the Constitution of the Republic of Poland are an example of the translation of the subsidiarity principle into legal norms. Attention has been paid to the possibility of decentralising and delegating competences to lower levels of public authority in the field of health, using or amending the e-health legislation accordingly. Appropriate division of tasks and competences in the area of health care, taking into account the subsidiarity principle, can be observed at both national and EU level. European Union law recognises the autonomy of the Member States to define national health regulations. On the basis of selected national and EU regulations, a definition of e-health has been proposed, understood as a set of provisions within the health care system regulating the collection, processing of data and provision of health care services in order to identify and optimise the satisfaction of individual and collective health needs as well as to pursue an effective health policy by public authorities. The basic assumptions of key national and EU legal acts are also indicated. On the basis of the solutions adopted in the Act on Health Care Services Financed from Public Funds, the formal possibility of delegating and effective performance of tasks has been demonstrated in the field of health protection by local government units. New information and communication technologies provide the basis for a more complete implementation of the subsidiarity principle in health protection, as they enable the necessary knowledge on the collective and individual health needs at European, national and any other expected level – regional, population, age to be gathered and transferred. They are a tool, previously unavailable, for the precise identification of the needs of separated communities. On the other hand, new technologies can be a tool for communities to meet these needs to the extent that they are able to provide organisational and financial security. The combination of new information and communication technologies with the application of a systematic concept of tasks implementation based on the principle of subsidiarity will allow for a change in the model of health care in Poland.
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Prots, I. « Features of legal regulation of the financial system in the modern world ». Uzhhorod National University Herald. Series : Law, no 70 (18 juin 2022) : 353–58. http://dx.doi.org/10.24144/2307-3322.2022.70.56.
Texte intégralRésumé :
The article is devoted to the study of complex system analysis of the current state of the financial system and its elements. The current national financial legislation, by-laws and experience of forming the financial system in the European Union are considered. It is noted that the development and implementation of financial policy, the organization of sustainable and stable money circulation in the country is one of the important activities of the state. That is why the issue of the financial system has always, one way or another, been reflected in the constitutions, ie it was and remains one of the objects of legal regulation. As the world economy developed, the relevance and comprehensiveness of its legal regulation gradually increased, growing both in depth and breadth: on the one hand, the number of financial institutions and relations governed by the constitution and other sources of constitutional law increases, and on the other such regulation. In order to understand the points of contact between law and the financial system, the reasons, content and aspects of its legal regulation, it is necessary to try to formulate a general concept of finance and the financial system of the state and its structure. Only on the basis of the analysis of the essence and correlation of the named phenomena it is possible to determine the place and significance of finance in law. There is currently an urgent need for major legal changes regulation of financial and economic relations. Modern financial transformations have covered a wide range of public relations, as evidenced by changes in tax, budget, currency, insurance legislation, banking and credit reforms. However, the reality shows that the improvement of all management systems is taking place in a crisis caused by Russia’s military intervention in Ukraine’s internal affairs, in connection with which the need to use the experience of the European Union is particularly acute. This applies not only to fiscal policy, but also, in particular, issues of taxation, banking, building an effective financial management system, creating an effective structure of financial authorities.
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Fargas Mas, Lluís M. « Consequences of the Implementation of the CCCTB Regime on EU Member States Tax Collection : Will CCCTB Have a Dramatic or Only a Severe Effect on Public Finances ? » Intertax 38, Issue 8/9 (1 août 2010) : 394–420. http://dx.doi.org/10.54648/taxi2010045.
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After some years of turbulence surrounding the Common Consolidated Corporate Tax Base proposal, the New European Union Commissioner mentioned in his first speech to the EU Parliament, at the beginning of the year, that one of his objectives was to implement the CCCTB regime ‘as soon as possible’. One of the most critical aspects of the future CCCTB directive is the apportionment formula to distribute the taxable base within the EU Member States and its effects to their tax collection. Currently, the Commission is, using external sources, working on the impact assessment of such implementation. This article, contrary to previous ones, proves, based on potential real cases, that the impact of the CCCTB implementation in MS tax collection would be very substantial and not precisely in incrementing their revenues which would further increase their budgets deficits. This article demonstrates that MS tax collection reduction would be very substantial, even in the order of 100% in certain cases, if CCCTB legislation would be enacted.
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Łacny, Justyna. « The Rule of Law Conditionality Under Regulation No 2092/2020—Is it all About the Money ? » Hague Journal on the Rule of Law 13, no 1 (avril 2021) : 79–105. http://dx.doi.org/10.1007/s40803-021-00154-6.
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AbstractSome say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, inter alia, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–2027, including Next Generation EU [Conclusions of the European Council meeting, 10 and 11 December 2020, para I (2) (k) https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf.]. This paper provides the legal characteristics of rule of law conditionality established under Regulation 2020/2092 and aims to determine whether financial incentives can restore compliance with the rule of law in Member States. Or in other words, is it all about the money?
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Ginter, Carri, et Raul Narits. « The Perspective of a Small Member State to the Democratic Deficiency of the ESM ». Review of Central and East European Law 38, no 1 (2013) : 54–76. http://dx.doi.org/10.1163/092598812x13274154887303.
Texte intégralRésumé :
The adoption and ratification process of the Treaty establishing the European Stability Mechanism (ESM Treaty) has produced deep debates about this process and the European Union; about the (lack of a) link between the two; about democratic processes which allegedly have been short-circuited in the rush to a political/financial mechanism; about the rule of law and the rule of finance and expediency.Three decades ago, Estonia was part of a different constellation. Now, a part of the EU for the better part of the last decade, the debate about small versus large, about rules for all and procedures for some raise issues which touch not only Estonia; they are ones which can cross the borders into other economic associations and unions, such as the CIS or the Eurasian Economic Community (EAEC or EurAsEC).The authors of this article seek to address some issues regarding the democratic legitimacy of the ESM Treaty. Several of the legislative choices made in the ESM Treaty have passed without sufficient public debate or transparency. A thesis is presented here that some solutions adopted by the ESM Treaty have a dubious value in the context of EU law as well as in the progress of democratization of the EU. The article pinpoints a shift in the voting powers to the detriment of smaller Member States. Above all, the legal foundations of judicial review by the Court of Justice of the EU (CJEU) are questioned. The article reaches a generalized conclusion that deviation from the current decision processes and standards of democracy can be justifiable only if such a change is supported by the general public.
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Delponte, Ilaria, et Paolo Rosasco. « Sustainable mobility and economic sustainability : the case of the new trolleybus line in Genoa ». Valori e Valutazioni 29 (janvier 2022) : 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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Korytin, Denys. « Peculiarities of financial state support of small and medium enterprises in ukraine in modern conditions ». Law and innovations, no 4 (36) (15 décembre 2021) : 135–42. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-20.
Texte intégralRésumé :
Problem setting. The formation of state policy to support small and medium enterprises (hereinafter - SMEs) requires consideration of global developments in the direction of legal regulation and economic and managerial justification of certain forms of support. In addition, within the globalized market, as well as taking into account Ukraine's desire to approximate national legislation to EU law, it is not possible to create mechanisms to support SMEs without adapting to global standards, that is, mechanisms similar to conventional ones should be invented. Of course, international documents, including the European Charter for Small Enterprises, can be a guide. Analysis of resent researches and publications. Legal analysis of certain means of state support for small and medium enterprises was carried out by such scientists as N. M. Vnukova, S. V. Hlibko, A. M. Lyubchych, I. V. Podrez-Riapolova, A.T. Zavadska and others. At the same time, this paper will analyze the implementation of financial support for small and medium enterprises, taking into account current government programs. The target of research is to conduct a comprehensive analysis of financial support for small and medium enterprises provided by the state, represented by public authorities and local governments, taking into account the principles of European Union law and current national and international programs to support entrepreneurship in Ukraine. Article’s main body. One of the most popular and effective forms of support is state financial support for SMEs. It is noted that the support from the financial and credit system reflects, in fact, the financial and economic relations between the state and market actors on the redistribution of funds. The state program «5-7-9» offers partial compensation of the interest rate on the hryvnia loan in combination with the mechanism of partial credit guarantees to address the problem of lack of collateral and insufficient credit history. The program is implemented by the Ministry of Finance of Ukraine, the Foundation for Entrepreneurship Development (formerly the German-Ukrainian Foundation) through a network of partner banks in partnership with the Ministry of Economy and the Office for Small and Medium Enterprises to prevent, spread and eliminate COVID-19 disease caused by the crown virus SARS-CoV-2, and to prevent and overcome their effects. By analyzing the statistical information of the ten largest banks, it was found that there is no unity in the terms of lending, lending is not within a single program, but for individual loan products of banks, which may differ from each other. Conclusions and prospects of the development. Summarizing the above, it is possible to conclude that the current state policy to support SMEs is characterized by the presence of a significant network of funds. One of the most relevant of these is the provision of soft loans. At the same time, there is insufficient information support for the process of direct provision of this support. In view of this, it should be noted that in order to ensure the economic security of the state, these forms should be used through a system of state bodies and organizations, local governments and organizations that must exist in reality, and electronic (virtual) portals for services should operate in additions to the real ones.
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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling et Baoru Yang. « European Union legislation on macroalgae products ». Aquaculture International 29, no 2 (20 janvier 2021) : 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
Texte intégralRésumé :
AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
Thèses sur le sujet "Finance, Public – Law and legislation – European Union"
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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.
Texte intégralRésumé :
Award date: 18 November 2020Supervisor : 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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SEGNI, Laura. « L'esecuzione del bilancio europeo ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13170.
Texte intégralRésumé :
Defence date: 15 October 2007Examining Board: Prof. Jacques Ziller, Relatore (IUE) ; Prof. Giuliano Amato, (IUE) ; Prof. M.P. Chiti, (Università di Firenze) ; Prof. Giacinto della Cananea, (Università di Napoli Federico II)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
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Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
Texte intégral
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Thebaud, Edern. « Les produits-frontière dans la législation alimentaire de l'Union européenne : émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité ». Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Texte intégralRésumé :
Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Karayannis, Vassilios-Petros. « Liberté économique et défense de l'intérêt général : le problème de retransmission par câble des émissions télévisées dans l'Union européenne ». Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211205.
Texte intégralRésumé :
La thèse aborde le droit européen de la télévision sous deux aspects :les régimes administratifs d’accès des émissions télévisées aux réseaux câblés et les droits intellectuels. En ce qui concerne l’accès des émissions aux réseaux câblés, la thèse met en avant le besoin de sauvegarder un service public de l’audiovisuel. Celui-ci est défini comme un ensemble des règles qui visent à la fois le paysage audiovisuel propre à chaque Etat membre (par exemple pluralisme) et le contenu des émissions proprement dit (émissions informatives, éducatives, épanouissement culturel etc.). Le droit communautaire primaire et dérivé, tel qu’interprété par la Cour de justice, fournit les moyens de conciliation entre, d’une part les intérêts généraux et, d’autre part, les exigences découlant de la libre prestation de services et de la libre concurrence.
En ce qui concerne l’application des droits intellectuels, la thèse aborde la problématique liée à l’épuisement ou la subsistance de ceux-ci. Dans le cas de la câblodistribution, la Cour a affirmé la subsistance du droit. Cette position est corroboré par la nouvelle directive européenne sur le droit d’auteur et les droits voisins dans la société de l’information. La thèse appuie la position de subsistance en considérant qu’elle constitue une condition essentielle pour la juste récompense des auteurs.
Enfin, la thèse aborde les questions plus spécifiques qui naissent à propos de la convergence technologique et juridique. Tout d’abord, il est avancé que le service public de l’audiovisuel n’est pas uniquement lié à des contraintes techniques, mais essentiellement à des objectifs qualitatifs (contenu des émissions). Ainsi, la thèse plaide en faveur de la pérpetuité du service public de l’audiovisuel dans l’ère du numérique. Par ailleurs, des questions plus spécifiques (comme l’accès à la boucle locale, l’interconnexion des réseaux et la numérisation des infrastructures) ont été examinées.
Doctorat en droit
info:eu-repo/semantics/nonPublished
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VITA, Viorica. « The rise of spending conditionality in the European Union ». Doctoral thesis, 2018. http://hdl.handle.net/1814/60272.
Texte intégralRésumé :
Defence date: 19 December 2018Examining Board: Prof. Claire Kilpatrick, European University Institute (Supervisor); Prof. Joanne Scott, European University Institute; Prof. Gráinne de Búrca, New York University; Prof. László Andor, Corvinus University of Budapest, Université Libre de Bruxelles
As of the 2014-2020 financial period the EU has made increasing use of its budgetary resources to advance its policy objectives at the Member States' level thorough the use of EU spending conditionality. EU spending conditionality is a requirement linked to EU funds expenditure that aims primarily to induce recipients to adopt a conduct desired by the EU and secure its financial interests. This thesis examines the novel spending conditionality tool, through the lens of four distinct theoretical frameworks, metaphorically called worlds: the conceptual world (Part I), the legal world (Part II), the constitutional world (Part III) and the institutional world (Part IV). Each theoretical framework reveals important findings regarding the conceptual roots, the legal reach, the constitutional significance and institutional realities of spending conditionality in the EU. Based on empirical EU-wide data and detailed case studies, this thesis concludes that despite its sophisticated conceptual form, thick legal setting, potentially far-reaching constitutional implications and the monumental institutional effort to render the tool effective, in practice, the policy output of EU spending conditionality has so far been limited and uncertain. In response, this thesis puts forward several recommendations that may usefully inform the effective future operation of spending conditionality within the EU legal and constitutional system.
Part II 'The Legal World' of the PhD thesis draws upon an earlier version published as an article 'Revisiting the dominant discourse on conditionality in the EU : the case of EU spending conditionality' (2017) in the journal 'Cambridge yearbook of European legal studies'
Part III 'The constitutional world' of the PhD thesis draws upon an earlier version published as EUI LAW WP 2017/16
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EGGERT, Michael. « Begrenzung von Staatsverschuldung durch Rechtsnormen : Eine Fallstudie anlässlich der Vorschläge der "Delors-Gruppe" ». Doctoral thesis, 1990. http://hdl.handle.net/1814/5501.
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BRUYNINCKX, Tim. « Enriching public procurement regulation through EU state aid law based principles ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46751.
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Defence date: 7 June 2017Examining Board: Professor Giorgio Monti, EUI (Supervisor); Professor Petros Mavroidis, EUI; Professor Roberto Caranta, Università di Torino; Professor Kris Wauters, Université Catholique de Louvain-la-Neuve
The starting point for the thesis is the problem of negative externalities public purchasing gives rise to. We argue that public procurement regulation, having as an objective the structuring of public markets for public contracts, produces the said market failure, which may adversely affect the competitive dynamics in other markets. This may cause a significant loss of social welfare. The reason why public procurement produces such negative externalities is, so we argue, due to the fact that public procurement regulation is foremost concerned with the internal dimension of public purchasing, i.e. the relationship between the public purchaser and actual and potential tenderers. However, public procurement regulation largely omits the external dimension, i.e. the effects public purchasing produces vis-à-vis markets outside the specific market for the public contract at hand. In our quest for a way to address this problem of negative externalities we argue that these externalities converge to a large extent with an ‘advantage’, being one of the conditions for the EU state aid prohibition (laid down in article107 (1) TFEU) to apply. Hence, we deem EU state aid law to be a valuable source of inspiration to ‘enrich’ public procurement regulation. Such ‘enriched’ public procurement regulation would be able to avoid the occurrence of the negative externalities we identified, or at least to minimise the risk of their occurrence. Examining a number of areas within EU state aid law allowed us to identify a number of principles that ensure absence of an ‘advantage’. These principles constitute the basis for our ‘standard for enrichment’, i.e. a framework for regulatory reform as to public procurement regulation. We also apply this standard to a number of aspects of public procurement regulation. More specifically, we clarify how ‘enriched’ public procurement regulation would materialise as to the following aspects of public purchasing: (i) the disclosure obligation as to award criteria and their belongings, (ii) the pursuit of policy objectives through public purchasing and (iii) modifications to public contracts in the performance phase.
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SCHEBESTA, Hanna. « Towards an EU law of damages : damages claims for violations of EU public procurement law before national and European judges ». Doctoral thesis, 2013. http://hdl.handle.net/1814/29598.
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Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute Professor Giorgio Monti, European University Institute Professor Alexandra (Sacha) Prechal, Court of Justice of the European Union Professor Laurence W. Gormley, University of Groningen and College of Europe.Defence date: 16 September 2013
First made available online on 15 January 2015.
While the law is often highly harmonized at EU level, the ways in which it is realized in the various national courts are not. This thesis looks at enforcement through damages claims for violations of EU public procurement rules. Despite important recent amendments to the procurement remedies regime, the damages provision remains indeterminate. The legislative inertia pressures the CJEU to give an interpretation and raises the question as to how the Court should deal with damages. The requirements on damages claims are clarified under both general and public procurement EU law. The action for damages is conceived as a legal process which incorporates the national realm. Therefore, a comparative law part (covering England, France, Germany and the Netherlands) examines national damages litigation in public procurement law. A horizontal discussion of the legal issues which structurally frame damages claims is provided. The remedy of damages is analyzed as a bundle of rules and its constitutive and quantification criteria are studied, thereby refining the the Member States’ common conceptual base of damages claims. Functionally, the lost chance emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. An adjudicative approach to damages in EU law is developed through Member State liability and the procedural autonomy doctrine. Member State liability is construed as a form of constitutional liability which is distinct from damages arising under the 'effectiveness’ postulate of procedural autonomy. Procedural autonomy as currently used is legally indeterminate and inadequate from the point of view of procedural theory. The thesis proposes to sharpen the effectiveness test in three dimensions: material, based on the intrinsic connection between enforcement rules and substantive law; vertical, in delimiting the spheres of influence of national and EU courts; and in terms of institutional balance vis-à-vis the EU legislator.
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MONTERO-PASCUAL, Juan J. « Public intervention in liberalised markets : from regulation to competition in European Telecoms ? » Doctoral thesis, 2001. http://hdl.handle.net/1814/4714.
Texte intégralLivres sur le sujet "Finance, Public – Law and legislation – European Union"
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Commission, European, dir. European Union public finance. 3e éd. Luxembourg : Office for Official Publications of the European Communities, 2002.
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Commission, European, dir. European Union public finance. 4e éd. Luxembourg : Office for Official Publications of the European Communities, 2008.
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Commission, European, dir. European Union public finance. 4e éd. Luxembourg : Office for Official Publications of the European Communities, 2008.
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Kosikowski, Cezary. Financial law of the European Union. Białystok : "Temida2", 2008.
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Commission, European, dir. European Union public finance : The characteristics, rules, and operation of the European financial system. Luxembourg : Office for Official Publications of the European Communities, 1995.
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Research handbook on European State aid law. Cheltenham, U.K : Edward Elgar, 2011.
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L' indirizzo politico finanziario tra Costituzione italiana e vincoli europei. Padova : CEDAM, 2007.
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Bergfeld, Katarina. Lenkungsabgaben im Europäischen Finanzrecht. Baden-Baden : Nomos, 2008.
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Makinwa, A. Negotiated settlements for corruption offences : A European perspective. The Hague, the Netherlands : Eleven International Publishing, 2015.
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Strasser, Daniel. The finances of Europe : The budgetary and financial law of the European Communities. 7e éd. Luxembourg : Office for Official Publications of the European Communities, 1992.
Trouver le texte intégralChapitres de livres sur le sujet "Finance, Public – Law and legislation – European Union"
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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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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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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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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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Ofiarski, Zbigniew. « Exemption of Heritage Properties in Poland from Property Tax – The Fundamentals, Evolution of Solutions and Legal Framework ». Dans European Financial Law in Times of Crisis of the European Union, 467–76. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.44.
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Protection of historic properties is a public task which in Poland is performed by state bodies and local authorities. It consists in, inter alia, provision of legal, organisational and financial conditions which allow for long-term protection, restoration, utilisation and maintenance of heritage buildings. Provision of tax preferences towards historic properties is an important financial incentive for entities engaged in historic preservation and operating outside the public finance sector (in particular non-governmental organisations and natural persons). To determine the nature and scope of the tax preference, a systemic analysis of the Act on protection and maintenance of historical monuments and the Act on taxes and local fees is required. To ascertain the fundamentals and the scope of the regulatory law regarding heritage property tax exemption, as well as the way in which the legal regulations have developed, the tax legislation and judicial practice were analysed and the reference literature was reviewed with the application of the dogmatic-legal and empirical methods. The hypothesis on the conditional nature of the tax exemption was proven to be correct. Concurrently, it was shown that the fulfilment of statutory tax exemption conditions makes the taxpayer eligible for the tax incentive regardless of his/her legal status and involvement in other activities.
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Le Sueur, Andrew, Maurice Sunkin et Jo Eric Khushal Murkens. « 21. Institutions of the European Union ». Dans Public Law, 756–94. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198820284.003.0021.
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This chapter introduces the project of European integration and discusses the legal basis of the EU, which consists of treaties that authorize law-making. It will identify the principal executive institutions of the European Union and their functions. They will be classified under the headings of supranationalism and intergovernmentalism. The chapter will also examine the process of enacting legislation and the role of the European Parliament. Drawing on an understanding of similar institutions and processes in the UK, the discussion is particularly concerned with an assessment of the institutions in terms of public law values, such as legitimacy, accountability, and transparency.
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Horspool, Margot, Matthew Humphreys et Michael Wells-Greco. « 5. The Union legal system ». Dans European Union Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198818854.003.0005.
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This chapter discusses the EU legal system covering primary legislation; public international law in EU courts; secondary Union legislation; legislative procedures; decision-making procedure of the Commission; and legislative powers.
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Bartes, Richard. « Selected Issues of Public Finance in the Protectorate of Bohemia and Moravia ». Dans European Financial Law in Times of Crisis of the European Union, 51–58. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.04.
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The paper looks into selected issues of public finance during World War II, i.e. the period of the Protectorate of Bohemia and Moravia. It focuses on the fiscal, tax and monetary policies and, subsequently, the fiscal, tax and monetary sovereignty of the Protectorate. The aim of the paper is to confirm or disprove the hypothesis of the non-existence of fiscal, tax and monetary sovereignty of the Protectorate of Bohemia and Moravia.
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Kozieł, Michal. « Multi-Annual Planning of Public Budgets as a Way of Rationalising Public Expenditure ». Dans European Financial Law in Times of Crisis of the European Union, 327–34. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.31.
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Multi-annual planning is an essential tool in public finance law for the efficient management of public funds. The management by one-year budget should be accompanied by future planning exceeding one calendar year. Such planning is being made at the present time to a certain extent; however, the fulfilment of long-term plans, which cannot be enforced, can be perceived as the basic defect, which means that long-term plans are not obligatory for the next calendar year. The aim of this article is to determine whether, and if so, how it affects the rationalisation of public expenditure, a process that should lead to the efficient and economical use of public funds.
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King, Jeff. « The Province of Delegated Legislation ». Dans The Foundations and Future of Public Law, 145–72. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198845249.003.0008.
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Delegated legislation is produced by the executive branch of government, usually under powers conferred by legislatures. Such powers have provoked controversy in most contemporary democracies. There is a widely perceived need to bolster the democratic legitimacy of law produced in this way, either through greater legislative oversight or enhanced participation, or both. This chapter explores how the organically evolved UK constitution has struggled to meet this challenge since the outset of the twentieth century. It examines how the powers to adopt delegated legislation arose, the constitutional tensions it produced, and how that prehistory relates to the dramatic resort to such powers in recent legislation adopted to facilitate the UK’s departure from the European Union. More specifically, it surveys the experience of making and laying delegated legislation before Parliament, and the track record of parliamentary scrutiny, before considering how that background may play an important role in how Brexit-related delegated legislation may fare in legal challenges in the coming years.
Actes de conférences sur le sujet "Finance, Public – Law and legislation – European Union"
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Komljenovic, Ana, et Brana Komljenovic. « Accession of Bosnia and Herzegovina to the European Union : Impact on Public Finances, Budget and Legislation ». Dans 3rd Annual International Conference on Accounting and Finance (AF 2013). Global Science and Technology Forum Pte Ltd, 2013. http://dx.doi.org/10.5176/2251-1997_af13.79.
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Rotaru, Ioan, et Adrian Jelev. « Public Debates : Key Issue in the Environmental Licensing Process for the Completion of Cernavoda 2 NPP ». Dans ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4525.
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Societatea Nationala “NUCLEARELECTRICA” S.A., the owner of Cernavoda NPP, organized, in 2001, several public consultations related to environmental impact of the completion of the Cernavoda 2 NPP, as required by the Romanian environmental law, part of project approva. Public consultations on the environmental assessment for the completion of the Cernavoda NPP - Unit 2 took place between 15.08.2001–21.09.2001 in accordance with the provisions of Law No. 137/95 and Order No. 125/96. Romanian environmental legislation, harmonization of national environmental legislation with European Union, Romanian legislative requirements, information distributed to the public, issues raised and follow-up, they all are topics highlighted by this paper and they are addressing the environmental licensing process of the Cernavoda 2 NPP.
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Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal et Lejla Ramić. « COMPETITION LAW IN BOSNIA AND HERZEGOVINA : HOW READY WE ARE FOR THE CHALLENGES OF THE MODERN AGE ? » Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18820.
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Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19.
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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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Marinova, Bisserka. « LEGAL MODELS AND PROBLEMS IN PRIVATE AGRICULTURAL LAND USE IN BULGARIA ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s23.097.
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This paper provides a detailed picture of the existing legislation of agricultural land use by entities who do not own it in Bulgaria and makes specific suggestions to improve it, aiming at creating a legislative framework enhancing productivity and sustainability. The study is briefly considering the historical and economic factors for the development of the case law in line with the legal framework in thiscontext. Attention is also paid to the goals of the European Union (EU) to provide properconditions for technologicalization of agricultural production, investment in irrigation and other equipment, obtaining external financing, alongside with ensuring profitable sale of production. Undisputedly there is a need to strike a balance between the interests of private land owners and the broader public, by creating a legal basis (through legal and administrative measures) governing the actual use and cultivation of agricultural land.The paper further examines and discusses a number of on-going issues, i.e. the legal status of existing agricultural cooperatives; the consolidation of agricultural land by creating land use plots;the so called �white spots� of undeclared land; the options of leasehold versus renting of agricultural landand its legal framework. The conclusion contains a general analysis of the proposals for changes in the regulatory environmentin the observed area to achieve more efficient and sustainable use of agricultural land. The contribution of the report is to show the variety of models of land use in agriculture and their differences, analyzing the actual legal framework and giving concrete proposals for improving it. Comparative method, synthesis and analysis are used while inspecting the area of research.