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Articles de revues sur le sujet "Government purchasing – Law and legislation – European Union countries"
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Ferrari, Giuseppe Franco. « La complessitŕ dei mercati energetici e la necessitŕ di una regolazione multilivello ». ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no 3 (juillet 2009) : 121–52. http://dx.doi.org/10.3280/efe2008-003006.
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- The energy markets are very complex, because, on the one hand, they imply several different activities and, on the other hand, they involve various levels of govern- 183 ment. The energy market is divided indeed in different segments: supply (generation or purchasing), transmission, distribution and sale, which are allocated at different levels of government, from the international and European level (with reference to the security of energy supply), to the local level (with specific regard to the distribution and sale). This complexity makes the energy sector particularly critical, under the pressure of political interests and economical needs. Another sensitive point is linked with the environmental protection, since the consumption of energy is one of the most polluting human activities, and the demand of energy is growing up together with the economical growth of the developing Countries. This problem is increasingly discussed at the international level, with reference to the climate change issue, in order to plan a sustainable development for the whole globe: because of it, the Kyoto Protocol was issued within the United Nation Framework Convention on Climate Change. It establishes legally binding commitments for the reduction of four greenhouse gases for all the 183 ratifying Countries, according the principle of common but differentiated responsibilities, and provides for the promotion of renewable energy. The European Union ratified the Protocol implementing the relative obligations through, for instance, the creation of the EU Emissions Trading Scheme (ETS). The European Union most of all addressed the competitive issue, since the 70s, in order to achieve the result to create a free energy market in Europe. The last results of the European energy policy were the directives on electricity and natural gas in 2004, that imposed the complete opening of the energy markets in almost all the European Countries (with few exceptions). The implementation of the European directives requires the intervention of the national level, since each Country has to modify its own regulatory framework, in order to comply with the directives. Everywhere in Europe, this process faces with several difficulties, but it is particularly hard in Italy, since the energy sector is traditionally public owned. Indeed, in our Country, the privatization and liberalization processes are strictly linked to another trend: the decentralization of legislative and administrative powers from the State to the Regions and Local Communities. Thus it is evident that the global governance of the energy sector, for its complexity and its sensibility, can only derive from a network of interventions by several levels of government, and different international, national and local actors, which realize a typical case of multilevel governance.Key words: Energy markets, competition, sustainable development, multilevel governance.JEL classifications: K21, K23.Parole chiave: Mercato energetico, concorrenza, sviluppo sostenibile, multilevel Governance.
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Lychenko, Iryna, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh et Rostyslav Bundz. « Legislative Support Standards in the European Union in the Field of Building a System of Local Self-Government ». Cuestiones Políticas 41, no 77 (28 mai 2023) : 285–97. http://dx.doi.org/10.46398/cuestpol.4177.19.
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Through a documentary research design that combined induction and deduction, comparison and systematization, synthesis and analysis with abstract-logical thinking. The main objective of the study was to identify the key aspects of the legislative support rules in the countries of the European Union, in the field of building a system of local self-government. The European Union during the history of its existence has developed a set of rules on which the systems of local self-government of member states and applicants for this status are built. The complexity and importance of legislative regulation of the functioning of this system is evidenced by the fact that the legislation and principles of international law used by the union in the field of local self-government are among the "youngest". It is concluded that this is due to the role of local self-government in the development of a democratic political system, as well as the search for an optimal balance between centralization and decentralization. As a result of the study, current trends and prerequisites for legislative support standards in European Union countries were investigated.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova et Yelyzaveta Yaryhina. « Features of Remote Work in Ukraine and the European Union : Comparative Legal Aspect ». Hasanuddin Law Review 7, no 3 (1 décembre 2021) : 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Kowalewska, Ewa, et Marcin Burzec. « Tax Incentives for Food Donations – a General Overview ». Review of European and Comparative Law 50, no 3 (9 septembre 2022) : 7–24. http://dx.doi.org/10.31743/recl.14145.
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The study analyses tax law regulations in force in Poland and in selected European Union countries which may influence attitudes of entrepreneurs (taxpayers) in taking actions aimed at preventing food waste. This analysis demonstrates that all countries investigated in this study have made attempts to develop and implement various measures to combat the problem of food waste. At the same time, it is worth noting that properly constructed tax preferences are an important factor in preventing food waste, which is part of the sustainable development strategy implemented by European Union countries. In this respect, actions must be long-term and they should be based on various legal measures. Further changes in this area will be determined by some key factors. These include the need to use tax law regulations or to determine economic and social trends. Directions of activities of the state, local government and non-governmental organizations for counteracting food waste will also set course for these changes. Achieving sustainable development also at the stage of using food already produced should be based on optimization of all related processes, and thus also financial (mainly tax) processes. Therefore, attention should be paid in particular to the tax legislation in force in Poland and in selected European Union countries, i.e. the Act on tax on goods and services and the Act on corporate income tax.
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Liasota, Alina, Yuliia Kobets, Kateryna Dobkina, Valentyna Yakubina et Vadim Penyuk. « Implementation of an effective system for monitoring the application of gender equality policy : Experience from European Union countries ». Cuestiones Políticas 41, no 77 (28 mai 2023) : 184–204. http://dx.doi.org/10.46398/cuestpol.4177.13.
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The European Union has been pursuing the policy aimed at achieving equality between women and men for a long time. The adoption of the Law "On Ensuring Equal Rights and Opportunities for Women and Men" is an important step forward. However, the aspects of the control of compliance with the legislation in the field of gender policy remain poorly advanced and need to be adapted following the experience of developed European countries. The aim of this article was to outline the legislative mechanism for ensuring equal rights and opportunities for women and men, and to compare it with European legislative experience and practice. During the research, the methods of analysis and synthesis, deduction and induction and comparative analysis were used. As a result of the research, the mechanism for ensuring equal rights and opportunities in Ukraine was determined; the bodies, institutions and organizations empowered in the specified area were described along with the main aspects of gender equality legislation in Ukraine. It is concluded that government officials can use the results obtained during the research to improve some legislative aspects of control over gender policy implementation.
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Kovalenko, I. A. « Analysis of the harmonization of contract law Ukraine with the law of the European Union ». Uzhhorod National University Herald. Series : Law 1, no 78 (28 août 2023) : 181–85. http://dx.doi.org/10.24144/2307-3322.2023.78.1.29.
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The introduction of European norms into national legislation can cause certain problems and disagreements.The reasons that can lead to such disagreements, which are mentioned in the statement of the problem, are primarily cultural and historical differences. Countries have their own cultural and historical characteristics that affect their legal systems. European norms may not always take these differences into account, which may lead to differences in the interpretation and application of the law.The reason is the needs and peculiarities of the national economy, because each country has its own economic structure and needs. European norms may not take into account the specifics of the national economy, which may lead to disagreements and cause difficulties in the implementation of certain provisions.European norms may be formulated ambiguously or leave certain aspects uncertain. This can lead to differences in the interpretation and application of the law, as well as to different approaches in court decisions, which is legal ambiguity.Time constraints and the accelerated process of harmonization are also one of the reasons due to differences between Ukrainian and European law. The implementation of European norms can take place at a fast pace, which can make it difficult to adapt and ensure full compliance with national legislation. This can lead to ambiguities and inappropriateness in the legal system.And integration with European law can create challenges in ensuring a unified mechanism for control and dispute resolution. Differences in the interpretation and application of European norms can create problems in resolving disputes between the parties. Therefore, the lack of a single control mechanism is also a reason.Ukrainian contract law needs legislative adaptation. After all, the implementation of European norms requires significant changes in national legislation. This can cause difficulties and require time and resources to implement the necessary reforms.One of the reasons is the lack of full compliance. Ukraine may have difficulties in achieving full compliance with European norms due to various factors, such as backwardness in the development of the legal system, corruption, insufficient legal culture, etc. This can lead to unresolved issues and disagreements with European law.The next reason is the implementation of requirements and standards. Harmonization of contract law with European norms requires the introduction of new requirements and standards. This can be a challenge for government bodies, lawyers, courts and other participants of the legal system, who must familiarize themselves with the new rules, acquire the necessary skills and abilities to apply them.Harmonization of contract law to European standards may also require significant financial costs. This is due to the need for reforms, training of specialists, development and implementation of new laws and legal instruments. The government and other stakeholders must commit sufficient resources to ensure successful harmonization, which is a challenge.The reason for the discrepancy between domestic and European law is the interaction with other branches of law. Harmonization of contract law can affect other areas of law, such as economic, civil and labor law.Changes in one area may necessitate changes in the corresponding areas, which may cause complications and disagreements in their interaction.Harmonization of contract law requires broad public support and involvement. This means the need to inform citizens, businesses and other interested parties about the changes, hold consultations and take into account their opinions and suggestions. Support and involvement of society is needed. Despite these challenges, the harmonization of contract law of Ukraine with European law remains important and necessary. This will contribute to the creation of a single legal space, increased protection of the rights of citizens and enterprises, development of trade and investments, and improvement of justice.However, it is important to take into account the specificities and needs of the country when implementing European norms, ensuring a balance between global standards and national realities.
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Sheate, W. R., et J. Romanillos Palerm. « Environmental Impact Assessment in the Czech Republic and Romania ». European Energy and Environmental Law Review 5, Issue 1 (1 janvier 1996) : 15–22. http://dx.doi.org/10.54648/eelr1996003.
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The Czech Republic and Romania present two very different levels of development of environmental impact assessment ( EIA ) , even though both countries gained their independence in the same year (1989) and both have aspirations to join the European Union (EU). This article examines the various driving forces for EIA legislation, analyses the different EIA concepts and identifies the strengths and weaknesses of the two regimes. While the Czech Republic introduced an EIA Act in 1992 (based mainly on the EC Directive 851337jEEC), Romania has yet to draft any ElA-specific legislation. Furthermore, the concept of EIA in Romania is very different to that in the Czech Republic and the EU. While all indicators suggest that the Romanian EIA system is ineffective, little research has so far been carried out to verify this. The Czech Republic, by contrast, shares many weaknesses of its EIA system with those of EU countries. Both share common problems of many Central and Eastern European countries, including low or variable public environmental awareness, an immature NGO movement (but gaining in strength and experience), a history of minimal public involvement in decision-making, and internal conflicts within government which inhibit the development of EIA and wider environmental legislation.
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Vértesy, László. « Macroeconomic Legal Trends in the EU11 Countries ». Public Governance, Administration and Finances Law Review 3, no 1 (30 juin 2018) : 94–108. http://dx.doi.org/10.53116/pgaflr.2018.1.9.
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This contribution deals with the macroeconomic legal trends in the Eastern member states of the European Union, so called EU11: Bulgaria, Croatia, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Slovenia. The paper discusses the development from the 1990s to nowadays, emphasizing the initial changes and the consolidation after the financial crisis. Therefore, the fiscal policy bears a major attention: fiscal and budgetary stability, government debts, fiscal controls (auditing and independent fiscal councils), for a more comprehensive overview, some ports of the monetary policy will be examined: national banks and price stability. The main aim of the contribution is to confirm or disprove the hypothesis that there is any identifiable or verifiable correlation between the legislation and the macroeconomic trends: sustainable balanced budget and government debt, economic growth, inflation. The research is based on law and economics, especially law and finance methodology with quantitative analysis, because of the cross-discipline nature of the topic. The paper contains some comparative statistics to evaluate the certain results upon figures, because it is even important to match the legal provisions with the economic performance.
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Марку, Жерар, et Zherar Marku. « THE LAW AND LAW-MAKING IN FRANCE ». Journal of Foreign Legislation and Comparative Law 1, no 4 (29 octobre 2015) : 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Gudz, Liudmyla. « Local referendums in the European Union and Ukraine : comparative characteristics ». 33, no 33 (28 juin 2022) : 44–51. http://dx.doi.org/10.26565/2075-1834-2022-33-04.
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Introduction. The article formulates proposals to improve the effectiveness of legal regulation of the institute of local referendum and involvement of citizens in the implementation of local self-government on the basis of comparative legal analysis of the legal regulation of local referendum in the European Union and Ukraine. Summary of the main research results. In EU countries, unlike national referendums, local referendums are held on the territory of a subject of the federation, autonomous entity, or administrative-territorial unit. Such referendums address issues of local importance. The procedure for legislative consolidation of the local referendum in the EU countries is possible at three levels: constitutional, national legislation, and local. In Ukraine, the normative regulation of local referendums is carried out at two levels: constitutional and legislative levels. Currently, holding local referendums in Ukraine is impossible due to the lack of a special law in this area. The main types of referendums are characterized. Conclusions. As a result of the analysis, it is proposed that in order to improve the effectiveness of legal regulation of the institute of the local referendum and eliminate the "legal vacuum" in this area, it is necessary to adopt a separate Law "On Local Referendum". Draft Law No. 5512 "On Local Referendum", which was registered in the Parliament on May 19, 2021, needs to be improved, namely, to regulate the possibility of holding a local referendum both at the municipal (local) level and at the regional level, that is, at the level of the region, district and the Autonomous Republic of Crimea to address issues of common interest to these communities; not all local referendums should be mandatory; the division of local referendums into mandatory and consultative ones may depend on the quorum of participation, for example, if the turnout is 50% percent or more - mandatory, consultative - if the turnout is less than 50%; to solve the problem of financing local referendums, to provide a mechanism for partial compensation of expenses from the state budget
Thèses sur le sujet "Government purchasing – Law and legislation – European Union countries"
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Li, Wen Jing. « Water governance in a changing climate : adaptation strategy of EU water law ». Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.
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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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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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PASTOR, MERCHANTE Fernando. « The role of competitors in the enforcement of state aid law ». Doctoral thesis, 2014. http://hdl.handle.net/1814/34562.
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Defence date: 6 October 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Leigh Hancher, Tilburg University; Professor José María Rodríguez de Santiago, Universidad Autónoma de Madrid.
State aid law is made up of rules and procedures whose main characters are the Member States – as the addressees of the norms – and the Commission – as their enforcer. The prominent position of these two actors often overshadows the impact that the administration of the rules on State aid has on private undertakings, be it the beneficiaries of State aids or their competitors. This thesis is concerned with the latter. The aim of the thesis is to assess the extent to which competitors may rely on the rules on State aid to protect themselves against the potentially harmful effects of subsidies and other forms of state, financial assistance to firms. This endeavour raises two challenges. The first challenge is to identify the channels through which competitors may voice their interest in the context of a system of governance to which they are in principle alien. This is the issue of access. The second challenge is assess the likelihood that the Commission shall heed to the concerns voiced by competitors. In other words, the challenge is to gauge the power of influence that competitors may exert through each of these channels. This is the issue of leverage. In order to carry out this inquiry, the thesis scrutinizes the means of redress available to competitors before national courts (“private enforcement”), as well as the opportunities that they have to make their voice heard in the course of the Commission’s procedures (“public enforcement”) – namely, the possibility to lodge complaints, the possibility to participate in the consultation phase of Article 108(2) TFEU and the possibility to seek the judicial review of State aid decisions.
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PIERNAS, LÓPEZ Juan Jorge. « The concept of state aid under EU Law : from internal market to competition and beyond ». Doctoral thesis, 2013. http://hdl.handle.net/1814/28047.
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Defence date: 3 June 2013Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Andrea Biondi, King's College London; Professor Piet Jan Slot, University of Leiden.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis is concerned with the legal concept of State aid under Article 107(1) TFEU. It was born out of the concern that EU institutions and practitioners alike refer to it as if this concept had been immune to the evolution experienced by the context in which it has been applied: the Internal Market. Against this seemingly static background, the thesis argues that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission, a fact that had been underexplored in the literature and the implications of this connection seldom studied. The thesis also contends, contrary to what has been affirmed before by other authors, that the evolution of this concept has been influenced by the broader advancement of the case-law of the Court of Justice in different periods of the integration process. Thirdly, the thesis submits that the study of the origins of subsidy control in Europe, of the legislative history of today's Article 107(1) TFEU, and of the policy and enforcement considerations that have affected the development of the concept of aid is not only enriching from an intellectual point of view but also useful to decide difficult cases. In this regard, the thesis provides criteria to interpret and discuss cases, e.g. Sloman Neptun, Philip Morris or Azores, beyond the analysis traditionally carried out in this field, too often limited to the compatibility of these cases with the effects-based formula traditionally followed to define aid. Indeed, the emergence of that formula, of the Market Economy Investor Principle test, the Adria-Wien test for selectivity, the ups-and-downs of the De Minimis rule in this field, or the exclusion of regulatory measures from the notion of State resources, cannot be understood only by looking at the economic or even the strictly legal reasoning behind the relevant judgments. Instead, historical, policy and enforcement considerations are useful interpretative tools to fully grasp these developments, a point that this thesis contributes to making.
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KRISSINEL, Kira. « EU state aid rules and the lender of last resort : challenges to the notion of state aid in the wake of the financial crisis ». Doctoral thesis, 2010. http://hdl.handle.net/1814/15402.
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GEBSKI, Szymon. « The legal framework of EU state aid in light of the more economic approach : protecting competition or promoting a European industrial policy ? » Doctoral thesis, 2013. http://hdl.handle.net/1814/27189.
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Defence date: 3 June 2013Examining Board: Professor Heike Schweitzer, Universität Mannheim / EUI Supervisor Professor Giorgio Monti, EUI Professor Leigh Hancher, Tilburg University Mr Nicola Pesaresi, European Commission.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This research aims to analyse the prohibition of State aid and compatibility assessments in the EU from the perspective of the 'more economic approach’ (MEA). The hypothesis enunciated in the thesis is that the MEA in State aid is applied in an instrumental manner, which goes beyond the paradigm of control justified by the coordination of national policies and the reduction of distortions of competition. Hence, the shift takes place with regard to: (i) the definition of the aims of public intervention and (ii) the methods of aid assessment. Firstly, by means of the MEA the Commission pursues a horizontal industrial policy, which presupposes a more pro-active approach and verification of the positive effects of aid, to the detriment of its negative effects. Secondly, the use of the MEA is policy driven - the Commission chooses the MEA to better regulate positive criteria for compatibility of aid, while avoiding applying refined economic analysis: (i) to the definition of aid and (ii) to assess the magnitude of the negative effects of aid. The research conducted here is oriented around four horizontal lines: (i) conflict and complementarities between competition and industrial policy, based on the analysis of State aid rules (ii) shift from negative to positive integration, which implies a transformation of State aid control and coordination into a State aid policy and has consequences for the aims and substantive criteria of the legal framework (iii) a 'better regulation’ of State aid by means of the MEA (iv) the competence of the Member States versus the competence of the Commission in the State aid legal framework.
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HAGHIGHI, Sanam Salem. « Energy security. The external legal relations of the European Union with energy producing countries ». Doctoral thesis, 2006. http://hdl.handle.net/1814/6359.
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Defence date: 16 June 2006Examining board: Prof. Bruno de Witte (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Giacomo Luciani, part time professor, EUI ; Prof. Thomas Wälde, University of Dundee
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyzes in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The dissertation discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The dissertation will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.
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FERNANDEZ, MARTIN Jose Maria. « A critical analysis of EC public procurement legislation : present limitations and future prospects ». Doctoral thesis, 1993. http://hdl.handle.net/1814/4623.
Texte intégralLivres sur le sujet "Government purchasing – Law and legislation – European Union countries"
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1962-, Arrowsmith Sue, et Kunzlik Peter F, dir. Social and environmental policies in EC procurement law : New directives and new directions. Cambridge : Cambridge University Press, 2009.
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Arrowsmith, Sue, et Steen Treumer. Competitive dialogue in EU procurement. Cambridge : Cambridge University Press, 2012.
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Fairgrieve, Duncan, et François Lichère. Public procurement law : Damages as an effective remedy. Oxford : Hart Publishing, 2011.
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Bovis, Christopher. Public procurement in the European Union. Houndmills, Basingstoke, Hampshire : Palgrave Macmillan, 2005.
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Andrea, Biondi, Eeckhout Piet et Flynn James 1956-, dir. The law of state aid in the European Union. Oxford [England] : Oxford University Press, 2004.
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Harm, Schepel, dir. State and market in European Union law. New York : Cambridge University Press, 2009.
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Koninck, Constant de, Thierry Ronse et William Timmermans. European public procurement law : The Public Sector Procurement Directive 2014/24/EU explained through 30 years of jurisprudence by the Court of Justice of the European Union. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2015.
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Wetter, Anna. Enforcing European Union law on exports of dual-use goods. Oxford : Oxford University Press, 2009.
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Filip, Abraham, Stuyck Julien, Ballon Elke et Katholieke Universiteit te Leuven (1970- ). Centre for Advanced Legal Studies., dir. Privatisations and public procurement in the European Union : Generale bank lectures, 1996-1997. Leuven, Belgium : Leuven University Press, 1998.
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Trepte, Peter-Armin. Public procurement in the EU : A practitioner's guide. 2e éd. Oxford [England] : Oxford University Press, 2007.
Trouver le texte intégralChapitres de livres sur le sujet "Government purchasing – Law and legislation – European Union countries"
1
Karan, Ulaş. « The Impact of the Court of Justice of the European Union on the Turkish Legal System ». Dans The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.
Texte intégralRésumé :
This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
2
« International Environmental Law ». Dans Environmental Law, sous la direction de David Woolley, QC John Pugh-Smith, Richard Langham, William Upton, Sasha Blackmore, NoxÉmi Byrd, Matthew Reed, Jonathan Wills et Katrina Yates, 87–116. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199232802.003.0003.
Texte intégralRésumé :
Abstract This chapter is intended to cover the effect that international sources of law have upon domestic law. As with European Union environmental law, international environmental agreements have radically increased in scope and influence. The UK plays an active and influential role in international environmental negotiations, the outcomes of which are reflected in stated government policy and, in some areas, legislation. Global environmental issues are now very firmly on the national political agenda, and at the forefront of public awareness about the environment in general. Climate change is recognized as the most serious environmental problem with the widest ranging effects facing both developed and developing countries, and there is now a mainstream scientific consensus about the causal link between greenhouse gas emissions and climate change. The process of securing international consensus on action to reduce emissions is enormously complex and, unsurprisingly, slow moving. As well as contributing to truly global environmental problems, nation states can affect their neighbours’ environment on a much more localized scale, with potentially devastating effects.