Littérature scientifique sur le sujet « Finance, Public – Law and legislation – European Union countries »
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Articles de revues sur le sujet "Finance, Public – Law and legislation – European Union countries"
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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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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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Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, no 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Szymańska, Agata. « National fiscal frameworks in the post-crisis European Union ». Equilibrium 13, no 4 (31 décembre 2018) : 623–42. http://dx.doi.org/10.24136/eq.2018.030.
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Research background: The latest economic and financial crisis has seriously injured European Union Member States, affecting the condition of their public finances. In the face of the crisis, the EU made a special effort to increase the effectiveness of national fiscal frameworks, e.g. by improving the compliance with legislation. The post 2009 reforms were aimed at providing a solid economic foundation for the national fiscal frameworks, especially in the high-debt euro area countries.
Purpose of the article: The goal of this research is twofold. Firstly, it aims to provide an outline of the national fiscal governance in the EU. Secondly, the paper analyzes the changes in the core measures of fiscal governance in the EU between the crisis period and the year 2016 (due to the latest available data) and investigates the similarities in the progress made by the 28 EU countries in restoring balance in public finance.
Methods: To achieve the goal, the literature review and the analysis of core elements of national fiscal frameworks are provided. In the empirical section the grouping method for all 28 EU countries based on the Ward's agglomerative hierarchical clustering method is employed. The study uses data derived from the AMECO database (in the case of fiscal data) and the European Commission thematic data for quality indexes of particular elements of fiscal governance (numerical fiscal rules, medium-term budgetary frameworks and independent fiscal institutions).
Findings & Value added: This paper contributes to the literature by, on the one hand, attempting to analyze changes in main fiscal governance measures and, on the other hand, by assessing their link with public finance through employment of the agglomerative clustering method. Based on the results, the conclusion about the importance of the improvement in fiscal frameworks is provided. The analysis shows that countries with better national fiscal framework achieved better results in public finances regardless the macroeconomic conditions.
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Cherniei, Volodymyr, Serhii Cherniavskyi, Alexander Dzhuzha et Viktoria Babanina. « Combating credit fraud : experience of Ukraine and some other European Countries ». Revista Amazonia Investiga 10, no 42 (30 juillet 2021) : 93–102. http://dx.doi.org/10.34069/ai/2021.42.06.9.
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The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.
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Bevzenko, Volodymyr, et Yurii Tsvirkun. « THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION : EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE ». Baltic Journal of Economic Studies 8, no 5 (30 décembre 2022) : 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Ksonzhyk, Iryna, Halyna Matskiv et Nataliya Sorochan. « European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds ». University Economic Bulletin, no 55 (29 décembre 2022) : 97–105. http://dx.doi.org/10.31470/2306-546x-2022-55-97-105.
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The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.
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Zajc, Katarina, et Breda Mulec. « New Challenges in the Filed of Ambient Air Protection with the Emphasis on Economic (in)efficiencies of Chimney Sweeping Services ». Lex localis - Journal of Local Self-Government 11, no 3 (1 juillet 2013) : 311–24. http://dx.doi.org/10.4335/11.2.311-324(2013).
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This paper analyzes new challenges in the field of ambient air protection, such as the use of new energy-generating products, and assesses the air quality protection responsibilities of local communities in European Union (EU) Member States. Domestic heating systems are a major source of air pollution. Thus, chimney-sweeping services are very important and must be regulated to provide fire safety and guarantee better ambient air quality. This paper analyzes Slovenian legislation regulating chimney-sweeping services and compares the Slovenian laws with comparable laws of other European countries and the national laws of EU Member States to examine the laws’ effectiveness in regulating and protecting air quality. More specifically, the paper uses legal and economic analyses to examine the efficiency of current legislation pertaining to chimney-sweeping services. The paper concludes that, consistent with theories of asymmetric information and negative externalities, licensing would be more effective in meeting the challenges of ambient air protection than current exclusive concession agreements, which effectively establish geographical monopolies in chimney-sweeping services.
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Al-Shammari, Karrar Imad Abdulsahib. « A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives : Analysis of Research Results ». Studia Iuridica Lublinensia 30, no 3 (16 septembre 2021) : 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.
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The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
Thèses sur le sujet "Finance, Public – Law and legislation – European Union countries"
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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 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.
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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.
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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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BRUYNINCKX, Tim. « Enriching public procurement regulation through EU state aid law based principles ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46751.
Texte intégralRésumé :
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.
Texte intégralRésumé :
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 intégral
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VOS, Ellen. « Institutional frameworks of Community health and safety regulation : committees agencies and private bodies ». Doctoral thesis, 1997. http://hdl.handle.net/1814/4819.
Texte intégralRésumé :
Defence date: 20 May 1997Examining board: Prof. R. Barents (Luxembourg/Maastricht) ; Prof. R. Dehousse (Florence), co-supervisor ; Prof. Ch. Joerges (Bremen/Florence), supervisor ; Judje P.J.G. Kapteyn (Luxembourg)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Livres sur le sujet "Finance, Public – Law and legislation – European Union countries"
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Research handbook on European State aid law. Cheltenham, U.K : Edward Elgar, 2011.
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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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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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R, Freedland M., dir. Public employment services and European law. Oxford : Oxford University Press, 2007.
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R, Freedland M., dir. Public employment services and European law. Oxford : Oxford University Press, 2007.
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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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Fairgrieve, Duncan, et François Lichère. Public procurement law : Damages as an effective remedy. Oxford : Hart Publishing, 2011.
Trouver le texte intégralChapitres de livres sur le sujet "Finance, Public – Law and legislation – European Union countries"
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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.
Texte intégralRésumé :
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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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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Brad, Ion. « Regulation of Public Finances in Romania in Light of Financial Constitutionality ». Dans Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries, 129–50. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.zn.ropfatilofc_7.
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Modern constitutions try to achieve a balance between establishing and restraining power. These two opposite tendencies also dominate the entire matter of public money. Consequently, our present study will be divided in two parts. In the first one we will highlight all the means provided by the Romanian Constitution so that the public authorities can have at their disposal the finance they need. In the second part we will focus on the counterpart provisions, those that try to establish a severe system of limitation and control on the whole financial activity of the state. Besides the constitutional texts, we will explore the vast jurisprudence of the Constitutional Court, which in time has provided useful explanations and clarifications upon these texts. Having this constitutional exposition as our focus and essential framework, we will extend our study to the relevant financial legislation. The constitutional norms are in this matter, as in many others, only the basic structure upon which the subsequent legislation is developed. The result will be, hopefully, a substantial presentation of the Romanian financial law centred on its constitutional regulation.
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Nagy, Zoltán, et Zoltán Varga. « Summary ». Dans Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries, 235–74. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.zn.ropfatilofc_11.
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The chapter aims to summarise the main findings of the previous chapters from two viewpoints. First, it analyses the financial constitutionality in Central European countries, namely Hungary, Croatia, the Czech Republic and Slovakia, Poland, Romania, Serbia, and Slovenia. It can be concluded that in all countries legislation at the top of the hierarchy of legal sources regulates these issues. In Hungary we find the most important provisions on finance in the Fundamental Law; in the other countries in their constitutions. The Hungarian Fundamental Law regulates the issue in a separate section. The constitutions of the other countries include rules on the public finance system, however, in different depths. The second part of the chapter deals with budgetary rules in the examined countries. The act on the budget is one of the most important legal sources in each country, because financing is essential to the functioning of the state. The state’s revenues and expenditures are laid down by the budget in every country.
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Štrkolec, Miroslav. « Regulation of Public Finances in Slovakia in Light of Financial Constitutionality ». Dans Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries, 181–203. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.zn.ropfatilofc_9.
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This chapter is devoted to the foundations of financial law and financial regulation in Slovakia. Its aim is to define financial law in the system of law in Slovakia and to specify the basic areas of its regulation. In the introduction, it discusses the theoretical background of financial law as a branch of law and its relations to other branches of law. Then, building on the Constitution of the Slovak Republic, it defines the basic areas of its regulation—budgets, taxes and fees, currency, customs, and the financial market. In relation to all these areas, the aim is to specify their constitutional regulation and, consequently, the basic parametres of legal regulation. The aim is to give a basic overview of financial law instruments and concepts in Slovakia, such as the state budget and local budgets, state taxes and local taxes, customs, currency in the context of the monetary union, and financial market entities and instruments. However, the ambition is also to define the basic framework of the most important financial authorities and institutions in Slovakia, such as the Ministry of Finance of the Slovak Republic, the Supreme Audit Office, the National Bank of Slovakia, and the Council for Budget Responsibility. The conclusion will not only offer a summary, but will also highlight the most important current regulatory challenges for financial law, which are related to the COVID-19 pandemic, as well as to the digital transformation.
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Lohvyn, Andrii. « ALTERNATIVE MEANS OF RESOLVING TAX DISPUTES IN UKRAINE : POSSIBLE WAYS OF IMPLEMENTATION ». Dans Integration of traditional and innovation processes of development of modern science. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-26-021-6-25.
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Legal disputes are inseparable part of the life of society. The task of the state is to create conditions for resolving disputes and to defend the rights and interests of citizens that are protected by law. Legal relationships are undoubtedly the sphere of potential disputes. The search for alternative and effective procedures of resolving such disputes is an important issue. At the same time, the main legal issue of the tax sphere is mainly to define and effectively ensure the limits of freedom and necessity in the behavior of taxpayers through the relevant legal, legislative norms, protection of property rights of individual taxpayers and the interests of society. Alternative Dispute Resolution або ADR include mediation, which gained broad recognition all over the world, including the European Union, which is postulated at the legislative level. It is often used, which makes it possible to prevent the negative consequences for the dispute parties as early as at the initial stage and avoid the expensive and lengthy trial. It gained recognition in resolving a wide range of disputes and arguments, beginning with the disputes in local communities and finishing with complex multi-lateral disputes in the commercial and public spheres. In many countries it is legislatively stipulated. Today, the institution of the alternative dispute resolution in the modified form is partially present in the Ukrainian legislation and in practice, at the same time, it is difficult to call the sphere of the alternative methods of dispute resolution well-developed. In this case, the lawyers and scientists discuss a wide implementation of the alternative ways, including mediation, virtually in all branches of law. The article, taking into account the practice of using alternative dispute resolution in other countries (international experience), identifies the possibility of using them in Ukraine as a separate permanent institution of pre-trial dispute resolution in the field of tax relations (the result of application of which can be achievement of reconciliation and/or tax compromise), which is directed at the improvement of tax administration. The concept of the tax compromise was also formulated and scientifically substantiated conclusions in the stated area were made.
Actes de conférences sur le sujet "Finance, Public – Law and legislation – European Union countries"
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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.