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Littérature scientifique sur le sujet « Investments – Law and legislation – Europe »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Investments – Law and legislation – Europe"

O’Brien, Alice, et Catherine Banet. « De-Risking the Hydrogen-CCS Value Chain Through Law ». European Energy and Environmental Law Review 30, Issue 2 (1 avril 2021) : 24–41. http://dx.doi.org/10.54648/eelr2021004.

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The integration of hydrogen (H2) and carbon capture and storage (CCS) technologies within common value chains can contribute to the effective decarbonization of the energy system and hard-toabate sectors where electrification may not be possible or cost-effective. The H2-CCS chain is taken as an example of strategic value chains in the process towards a low carbon and increasingly integrated energy system. The successful realization of H2-CCS integrated chains requires the mobilization of vast quantities of domestic and international private capital. This article looks at how legislation and contracts, separately and in combination, can be used to manage and mitigate risks and incentivise private sector investment along the H2-CCS value chain in Europe. First, it discusses the role of national governments and the EU in developing legislative measures such as climate change targets, market design, liability regimes and how those could remove some of the risks preventing private sector investments. Second, it considers how the design and standardization of contracts can mitigate risks faced by the private sector by allocating, transferring and sharing risks between private and public parties. The article concludes that the law has an important role in de-risking investments and that further policy steps are necessary to refine the legislative and contractual regimes needed for the successful deployment of such strategic value chains. CCS, climate change, hydrogen, de-risking, legislation, contract, risk mitigation, risk allocation, risk transfer, public-private partnerships.

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Kharitonova, Julia S., et Larisa V. Sannikova. « DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n^o 39 (2021) : 208–24. http://dx.doi.org/10.17223/22253513/39/16.

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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

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Hámor, Tamás, Katalin Bódis et Mária Hámor-Vidó. « The Legal Governance of Oil and Gas in Europe : An Indicator Analysis of the Implementation of the Hydrocarbons Directive ». Energies 14, n^o 19 (7 octobre 2021) : 6411. http://dx.doi.org/10.3390/en14196411.

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Hydrocarbons are traditional subjects to European Union (EU) law (“acquis communitaire”). A short historical review reveals that quasi all aspects of upstream and downstream segments are covered by the legislation. The results of applied information extraction and elaborated quantitative analysis indicate that the intensity of legislation making correlates with global drivers such as oil price booms, and technology developments such as extraction of unconventional hydrocarbons by hydraulic fracturing. A quarter of a century after the Hydrocarbons Directive was published and transposed by Member States (MS), data allow us to make a semi-quantitative assessment on the implementation, the major drivers of governments’ publication activity, and the impact on the oil and gas production. Another specific relevance of this study is on non-energy minerals management of the EU, whether the introduction of similar competitive bidding rules would induce a greater interest of investors, and the enhanced competition could bring more benefits to the states by the rejuvenation of the critical minerals extractive sector. The preliminary findings show that in some MS there is a positive correlation between the concession call publication activity and hydrocarbons production. To confirm these conclusions the analysis of an extended dataset including exploration data, investments, and social impacts is needed in order to screen the effect of global market trends, the exhaustion of domestic geological reserves, and the different policy environments.

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Horodyskyy, Ivan, Andriy Borko et Mariia Sirotkina. « ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS ». Baltic Journal of Economic Studies 7, n^o 3 (25 juin 2021) : 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.

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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.

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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus et Gorazd Trpin. « The Development of the Real Estate Investment Fund for the Purpose of Regional Development ». Lex localis - Journal of Local Self-Government 9, n^o 3 (4 juillet 2011) : 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).

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In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.

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Koval, Viktor, Piotr Olczak, Nataliia Vdovenko, Olena Boiko, Dominika Matuszewska et Inesa Mikhno. « Ecosystem of Environmentally Sustainable Municipal Infrastructure in the Ukraine ». Sustainability 13, n^o 18 (13 septembre 2021) : 10223. http://dx.doi.org/10.3390/su131810223.

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For the Ukrainian population, there are factors surrounding the choices and preferences one must consider when changing permanent residence. Smart residential areas should be built according to Ukrainian legislation and global innovations, which would reduce administrative dislocations, the load on megalopolises, and negative anthropogenic impacts, and should be based on the increase in energy efficiency and reducing waste. We analyzed the core principles of designing smart residential areas and concluded that constructing cutting-edge residential areas should involve private investments in order to avoid shadow schemes and irrational use of funds (in the Ukraine, the share of the shadow market is more than 50%). Research shows that, as humans inhabit a three-dimensional space, it is possible to predict migration and other permanent residence/behavioral responses, the analysis of which allows controlling migration flows and improves the conditions of Ukraine’s small residential areas based on decarbonization. We conclude that energy saving systems can reduce consumption in a city by 60% and improve Ukraine’s ecosystem. Research also shows that reducing “dislocation”, in terms of population density, by creating open, innovative, eco-friendly environments based on green economy principles, can provide innovative development maps and economic, social, and cultural population growth, decreasing the load on big cities/regional economies, and encourage the restoration of sales markets and production after the COVID-19 pandemic. We developed a model to assess the innovativeness of residential areas, apply alternative methods of energy generation, and analyze the impact of the energy production and consumption market in Europe (with recommendations for the Ukraine). This article estimates energy intensity indicators of the gross domestic product in the Ukraine and in Europe, offering methods to decrease energy dependence and increase energy efficiency in the Ukraine, by adopting alternative energy sources (e.g., biohydrogen out of residues, air, and solar energy), and enhancing environmental legislation.

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Upston-Hooper, Karl, Karoliina Anttonen et Michael Mehling. « Breathing Life into the Carbon Market : Legal Frameworks of Emissions Trading in Europe ». European Energy and Environmental Law Review 16, Issue 4 (1 avril 2007) : 96–115. http://dx.doi.org/10.54648/eelr2007011.

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Directive 2003/87/EC establishes a scheme for “greenhouse gas emission allowance trading within the Community in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.” Given its adoption as a directive, the achievement of this mandate largely depends on the domestic implementation by Member States, and in particular on the creation of a functional carbon market enabling the price mechanism to signal investment decisions throughout Europe. Unlike many other commodities, however, emission allowances are a legal construct, and the legal frameworks reifying them are of crucial importance. Domestic regulation of taxation, financial services, insolvency, and accounting issues, to name but a few, all hold the potential to compromise the development of a liquid market. Based on an extensive survey of the implementing legislation adopted in Finland, Germany, Sweden, and the United Kingdom, this article identifies some of the main challenges faced by the Member States in the evolving carbon market, highlighting aspects whose treatment differs and may lead to conflicts or inconsistencies.

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Popielas, Marek. « Harmonization of investment services in the European Union - the example of investment funds ». Oeconomia Copernicana 3, n^o 1 (31 mars 2012) : 73–88. http://dx.doi.org/10.12775/oec.2012.004.

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This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.

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Repousis, Spyridon, Petros Lois et Pavlos Kougioumtsidis. « Foreign direct investments and round tripping between Cyprus and Russia ». Journal of Money Laundering Control 22, n^o 3 (2 juillet 2019) : 442–50. http://dx.doi.org/10.1108/jmlc-08-2018-0054.

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Purpose This paper aims to look at the linkage of foreign direct investments (FDIs) and round-tripping in the Cyprus–Russia corridor. Design/methodology/approach The paper is divided into two chapters. The first chapter looks at the relationship between FDIs and round-tripping in Cyprus and Russia. The second chapter discusses and combines statistical data from different sources about illiciting financial flows from Russia and the linkage of FDIs and round-tripping with Cyprus. Findings Evidence suggests that, despite the obviously numerous and varied legislative provisions and initiatives, the movement of vast amounts of capital to or through the Cypriot financial system is a phenomenon, which has absolutely not been removed. The illegal outflow of money seems to grow rapidly over the years instead of decreasing. What actually happens is that after a dramatic decline in the years 2013-2015, the FDIs of the Russians to and from Cyprus in 2016 returned to pre-crisis levels of 2013, and so far, it seems the inflows–outflows system returned to “normal” levels. Cyprus ranks first in inward FDI and outward FDI with almost 35 per cent of total flows from Russia. An element that demonstrates the presence of round-tripping, is the sharp and rapid parallel increase of inward FDI and outward FDI, and that the category of total deposits in Cyprus by nonresidents, including special-purpose entity, recorded significant fluctuations caused by not only the large size of deposits but also the short time remaining in the banking sector. Russia ranked second among the countries with the largest average illegal capital outflows in the years 2004-2013. Movement of capital to exploit the particularly beneficial Cyprus tax system is still a tax backdoor for Europe and worldwide (hence the neologisms like Cyp-Rus), especially after the “de-offshorization” law in Russia in practice since January 1, 2015. Originality/value Evidence presented in this paper is important for national and supernational supervisory anti-money laundering bodies and compliance authorities to understand bad practices in financial transactions between Russia and Cyprus.

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Sereda, Olena, Yuliia Burniagina et Nataliia Halkina. « Standards of professional development of employees : international experience and current prospects in Ukraine ». Law and innovative society, n^o 1 (18) (30 juin 2022) : 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.

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The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.

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Thèses sur le sujet "Investments – Law and legislation – Europe"

Strik, Philip Philip Frederik Jozef Simon. « Shaping the single European market in the field of foreign direct investment ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610031.

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Wang, Gang 1958 Sept 13. « Foreign direct investment laws of China and Canada ». Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33062.

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FDI plays an important role in economic life. It is arguably an even more significant driving force behind economic growth than trade in goods and services nowadays.
China and Canada are both important FDI absorbers, but their FDI laws display various characteristics due to their different economic bases, political structures and legal systems etc. In order to guide FDI practice in the two countries and to draw on Canada's experience for China's FDI law, this thesis mainly introduces the FDI policies of China and Canada, analyzes the FDI law systems of the two countries, and expounds their general regulations on FDI.

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Belevici, Stanislav. « The legal framework for investment protection in [the] Russian federation / ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83946.

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Attempts by the international community to establish a comprehensive global framework for protection of foreign investment have not yet succeeded. The Russian Federation has remained aloof from these efforts. Its attention instead has been focused on the need to redesign its internal legal framework to accommodate the transition to a market economy.
The first aim of this thesis is to identify the major policy issues that inform the multilateral investment protection debate and to identify the motives that have influenced Russia not to participate. The second aim is to provide an analysis of the progress that the Russian Federation has made in reforming its internal legal framework to better accommodate and protect foreign investment and identify the deficiencies that still have to be addressed.

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Vespro, Cristina. « Essays on understanding financial architecture ». Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210588.

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This dissertation is composed of three essays related to Financial Architecture.

The first essay, analysed in the first chapter of the thesis, contributes to the literature on Efficient Market Hypothesis and in particular in understanding several issues associated with how prices are determined for individual stocks. The chapter, in particular, provides further evidence of price and volume effects associated with index compositional changes by analysing the inclusions (exclusions) from the French CAC40 and SBF120 indices, as well as the FTSE100. I find evidence supporting the price pressure hypothesis associated with index fund rebalancing, but weak or no evidence for the imperfect substitution, liquidity and information hypotheses. The results improve on recent evidence from the S&P500 index. The evidence for the FTSE100 additions shows, in particular, that markets learn about an imminent inclusion and incorporate this information into prices, even before the announcement date.

The other two essays of this thesis relate to Corporate Governance issues. Chapters 2 and 3, in particular, analyze some aspects of two corporate governance mechanisms: ownership concentration and managerial labour market.

Chapter 2 provides an overview of the evolution of control in listed Slovenian corporations and evaluates the impact of the current changes in ownership on firm performance. Ownership and control has been concentrating in most transition countries. This consolidation of control introduces changes in the power distribution within privatised firms and, most importantly, redirects the corporate governance problem to a conflict between large and small shareholders. The chapter evaluate the ownership changes in Slovenian privatised firms through an analysis of stock price reactions to the entrance of a new blockholder (the shared benefits of control) and through an estimation of the premiums paid for large blocks (the private benefits of control). It provides evidence and discuss the reasons for the failures of the privatization investment funds in implementing control over firm managers and in promoting the restructuring of firms in the first post-privatization years.

Chapter 3 concentrates on one specific aspect of the managerial labour market: monetary remuneration schemes. The purpose of this chapter is to examine the interconnection between pay and corporate governance approaches with respect to the different rules found across European legal systems. The research data on reported pay practices for 2001 among FTSE Eurotop300 companies reveal a reliance on performance-based pay generally and a somewhat variable adoption of share options programs and other equity-based incentive contracts, which generate difficulties in dispersed ownership systems. Furthermore, on the basis of the regulation on executive remuneration disclosure discussed in this chapter and on the basis of the disclosure practices resulting from the data collected for the FTSE Eurotop300 constituents, I construct some disclosure indicators and analyse empirically how country and firm characteristics affect remuneration disclosure.

Doctorat en sciences économiques, Orientation économie
info:eu-repo/semantics/nonPublished

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Giard, Timothée M. « The control of state aid to airlines by the European Commission / ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.

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The airline industry has undergone an unprecedented crisis in the aftermath of the events of September 11th, 2001 in the United States. At that time, the U.S. federal government rapidly moved to create and implement an important rescue package to ensure the sustainability of the U.S. airlines. Contrarily, the European Commission decided to keep the existing legislations and policies regarding state aid, allowing limited support from the Member States to their national carriers. For the Commission, the U.S. state-involvement in the air industry, as well as similar developments in other countries, was bound to create distortions of competition. This situation led the EU to submit a proposal to the Council and the European Parliament for a Regulation with aims to protect the Community airlines from the unfair pricing practices of state-aided non-Community air carriers. The text, modeled after the legislation applicable in the field of trade of goods, would fill a "legal void" and be a new efficient legislative tool for the Commission. Questions did arise, however, about its political legitimacy as well as its legal basis.

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Moessner, Philipp. « Slot allocation in the United States and Europe ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.

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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.

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Philander, Graig Henry. « How can Africa attract foreign direct investment, with specific reference to an investment strategy within Africa ». Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research focused primarily on certain bilateral agreements as well as relevant multilateral agreements that govern the world's investment system. Attention is given to governance in the world of foreign direct investment and the aims and objectives of the integration initiative, as well as to the centrality of investment law in the scheme. The role of investment and the effect this have on the development of Africa is also a focal point of this paper. The central objective of the integration initiative is also looked at against the backdrop of investment-rating agencies and investment flows around the world.

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Henckels, Caroline Julia Sonja. « Balancing investment protection and regulatory autonomy : proportionality and standards of review in investor-state arbitration ». Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648402.

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Liu, Jia. « A utilitarian assessment of bilateral inverstment treaties if People's Republic of China and their prospective development ». Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952230.

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Efunkoya, Adeola Adefunke. « Agricultural sector : the role of foreign direct investment (FDI) in the creation of an integrated agriculture sector in Nigeria ». Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7046_1256021947.

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This research recommended ways in which Nigeria could unlock constraints to commercialization and investment in the Nigerian agricultural sector for sustained economic growth, enhanced food security, increased competitiveness of products in the domestic, regional and international markets, sustainable environmental management and poverty alleviation.

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Livres sur le sujet "Investments – Law and legislation – Europe"

Gray, Cheryl Williamson. Foreign investment law in Central and Eastern Europe. Washington, DC (1818 H St. NW, Washington 20433) : Policy Research Dept., World Bank, 1993.

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C, Dixon John. Tolley's trading in Europe. Croydon, Surrey : Tolley Pub. Co., 1992.

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EU foreign investment law. Oxford : Oxford University Press, 2011.

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Vratislav, Pěchota, Stewart Terence P et Parker School of Foreign and Comparative Law., dir. Foreign investment in Central & Eastern Europe. New York, N.Y : Juris Pub., 1994.

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Vratislav, Pěchota, et Parker School of Foreign and Comparative Law., dir. Foreign investment in Central & Eastern Europe. Ardsley-on-Hudson, NY : Transnational Juris Publications, 1992.

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Broby, Louise. Investment regulation in Europe. London : Financial Times Financial Publishing, 1995.

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Dobosiewicz, Zbigniew. Foreign investment in Eastern Europe. London : Routledge, 1992.

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Devenney, James, editor of compilation et Kenny, Mel, editor of compilation, dir. Consumer credit, debt and investment in Europe. New York : Cambridge University Press, 2012.

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Guido, Ferrarini, et Wymeersch E, dir. Investor protection in Europe : Corporate law making, the MiFID and beyond. Oxford : Oxford University Press, 2006.

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E, Birenbaum David, Irish Leon E et Simon Karla W, dir. Doing business in Eastern Europe. Englewood Cliffs, NJ : Prentice Hall Law & Business, 1991.

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Chapitres de livres sur le sujet "Investments – Law and legislation – Europe"

Tsivolas, Theodosios. « European and International Legislation ». Dans Law and Religious Cultural Heritage in Europe, 113–24. Cham : Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-07932-5_8.

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Tapio, Jenni, et Alexander Soucek. « The European Space Agency’s Contribution to National Space Law ». Dans International Actors and the Formation of Laws, 113–34. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98351-2_6.

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AbstractThe European Space Agency (ESA) represents a mechanism of international cooperation among its Member States and acts as a partner in international space cooperation on a global scale. Carrying out space programmes and operating satellites in outer space, the ESA is a rare example of an intergovernmental organisation that is, from a functional perspective, both a spacecraft developer and an operator, having accumulated unrivalled technical expertise over four decades and having fostered competitiveness through investment in the space industry across its Member States. This chapter explains the way in which the ESA and its Member States interface, de iure and de facto, in law making. Capitalising on the example of Finland and its novel domestic space law (2018), the chapter highlights and explains the process of interaction between an intergovernmental mechanism and a national administration, showing why and how international mechanisms can become facilitators of national law making for the benefit of legislative and executive branches and non-governmental norm-addressees alike.

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Ostrowska, Marta. « Information Duties Stemming from the Insurance Distribution Directive as an Example of Faulty Application of the Principle of Proportionality ». Dans AIDA Europe Research Series on Insurance Law and Regulation, 31–54. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_2.

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AbstractIDD directive constitutes a piece of EU primary legislation and therefore it is obliged to respect the legal principles ruling the way in which EU acts towards the Member States, among which proportionality principle is of special importance. A legal act complies with the principle of proportionality if the measures adopted by the EU do not exceed the limits of what is appropriate and necessary to attain the objectives legitimately pursued by the legislation in question. According to IDD’s recitals, the measures adopted therein are proportional to the aim pursued by the IDD, i.e. customer protection. However, a live discussion boosted over the focal point of the IDD, i.e. a wide range of information duties, may lead to different conclusions and thereby put proportionality of the IDD in doubts. To verify this thesis, the author attempts to carry out the ‘proportionality test’ of the discussed information duties.

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Huneberg, Samantha. « What Can the Insurance Distribution Directive “Offer” the South African Microinsurance Model ? » Dans AIDA Europe Research Series on Insurance Law and Regulation, 219–51. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_10.

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AbstractThe Insurance Distribution Directive is set to change how insurers and intermediaries design as well as sell insurance products. The provisions of the Directive are far-reaching and are to have a significant impact on consumers. The Directive is heavily pro-consumer and due to its pro-consumer nature, it is to have extensive benefits for consumers. South Africa has recently enacted microinsurance provisions which are now considered formalised insurance products in the country. New legislation has been enacted to regulate microinsurance policies in both life and non-life spheres. Microinsurance is to have a profound impact on a large part of the country’s population. Considering the pro-consumer and extensive nature of the IDD, it is worth considering what the IDD can “offer” the South African microinsurance model, what can South Africa learn from these provisions?

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Noussia, Kyriaki, Peter Underwood et Stergios Frastanlis. « Restructuring, Winding-Up & ; Portfolio Transfer of Insurance Companies in Distress ». Dans AIDA Europe Research Series on Insurance Law and Regulation, 171–97. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-85817-9_8.

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AbstractInsurance companies often need to go through restructuring for various reasons. Such restructuring can happen in company law through the mechanism of M&A, or under EU legislation via portfolio transfer (see e.g. Article 14 of Directive 2002/83/EC and Article 12 of Directive 92/49/EEC in the field of non-life insurance). This chapter discusses reorganising, restructuring and winding-up of insurance companies, as well as insurance portfolio transfers by means of company law mechanisms (M&A) and under the Cross-Border Mergers Directive, as well as under the Solvency II Directive. It then goes on to discuss the position under Greek law, and uses as a case study the winding-up of Aspis Pronia in 2009 and the transfer of the insurance undertakings’ portfolios. The analysis will allow us to identify that the level of insurance portfolio transfers harmonisation in the EU is not as high as expected, and that a common framework and harmonisation is needed.

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Noussia, Kyriaki. « The IDD and Its Impact on the Life Insurance Industry ». Dans AIDA Europe Research Series on Insurance Law and Regulation, 75–112. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_4.

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AbstractThe life insurance sector not only pertains to a variety of distributors, such as for example, ‘bancassurance’ entities combining investments services, investment and insurance products, but also to the large portion of unit-linked/investment based life insurance products. Major legal changes introduced by Directive (EU) 2016/97 (“IDD”) will therefore need to be carefully considered and anticipated by the life insurance industry, including specific professional and organizational requirements, specific information standards for insurance-based investment products, which will include the provision of appropriate information and requirements for advice to be suitable, restrictions on remuneration, and special requirements relating to the advice to be provided to the customer by any distributor related to costs and charges or to the distribution of the product—including the cost of advice. The international character of the Life Insurance has an important impact on the work to the implementation of IDD which aims at a so-called minimum harmonization. No doubt that the implementation may appear wide and burdensome, but it is a unique opportunity for all entities involved to achieve a good balance of liabilities between the professionals involved, review risk management options and look for sustainable business alternatives. This chapter examines the impact of IDD on life insurance and addresses the harmonization impact and effect of the IDD in the insurance industry.

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Mohnhaupt, Heinz. « The Object of Interpretation : Legislation and Competing Normative Sources of Law in Europe During the 16th to 18th Centuries ». Dans Interpretation of Law in the Age of Enlightenment, 61–89. Dordrecht : Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-1506-6_4.

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Hiez, David. « The Suitability of Luxembourgish Law to B Corp ». Dans The International Handbook of Social Enterprise Law, 693–706. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_33.

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AbstractLuxembourg is famous as an important finance capital in Europe but its legislation on social enterprises and its approach to B Corp is less well known. Its company law is traditionally copied on Belgian law, so that it is B Corp friendly in the same respect, even if its last major reform in 2016 is more autonomous and suspect of excessive attention paid to multinational enterprises. But Luxembourg has also been inspired by social and solidarity economy and created in 2016 a special legal modality for social enterprises: the societal impact company. The social impact company is an original legislation, open to diverse legal forms of companies, accredited by the Minister and, above all, the acknowledgement of two different classes of shares: impact shares and return shares. Meanwhile, Luxembourg is a good example of public support for corporate social responsibility, with a national label; the outcome is a low number of B Corp, since many companies choose to get the national label.

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Ćemalović, Uroš. « Supremacy of EU Law over National Legislation and Supreme Jurisdictions of the Member States – a Quest for a New Balance ». Dans Europe in Changes : The Old Continent at a New Crossroads, 63–78. Belgrade : Institute of International Politics ; Economics ; University of Belgrade, Faculty of Security Studies, 2021. http://dx.doi.org/10.18485/iipe_euchanges.2021.ch3.

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Guney, Gizem, David Davies et Po-Han Lee. « Introduction ». Dans Towards Gender Equality in Law, 1–12. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_1.

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AbstractThis book is the product of an international and interdisciplinary conference that was held at the University of Sussex, UK, in 2018. The primary aim of the conference was to have a closer look at the reasons and impacts of numerous problematic legislation and policies that have been adopted across the world over the last decade and which had a destabilising effect on gender equality and justice. There have been some notable examples in this regard: Poland has reintroduced restriction on women’s right to abortion in 2020 (Calkin & Kaminska, 2020); the debate over the so-called foetal “heartbeat” bills in Taiwan (Liu, 2020) and the ephemeral unconstitutional anti-abortion state laws have been heated in the US and internationally since 2019 (Bakst, 2019; Evans & Narasimhan, 2020); Russia has partially decriminalised domestic violence in 2016, despite the outcry from activists and victims (Semukhina, 2020). As a pandemic swept Europe (Kuhar & Paternotte, 2017), the mobilisation of “anti-gender”, anti-feminist and misogynist discourse in the political and policy domains has its global resonance in, for instance, Brazil (Hunter & Power, 2019), India (Rothermel, 2020) and South Korea (Kim, 2021). In this light, it would not be an exaggeration to contend that the last decade marks a global crisis of gender equality.

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Actes de conférences sur le sujet "Investments – Law and legislation – Europe"

Lotko, Ewa. « Method of Incurring Public Expenditure in Relation to New Public Procurement Legislation in Poland ». Dans The XX International Scientific Conference "Functioning of Investments Financed from State Resources and from Other Sources in The Countries of Central And Eastern Europe". Temida 2, 2022. http://dx.doi.org/10.15290/ipf.2022.10.

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The aim of this paper is to discuss new legal solutions whose implementation may contribute to spending public funds in a targeted and cost-effective manner, obtaining the best effects from the given outlay. This article tries to answer the question whether the new Public procurement law facilitates effective spending of public funds. The conducted analysis includes legal provisions, work of the doctrine as well as data published by the Polish Public Procurement Office. A legal-dogmatic method is the main research method in this paper. The analysis conducted here allows to state that the principle of efficiency under Public procurement law should guarantee spending funds in a targeted and cost-effective manner with maintaining rules arising from the Act on public finance. Therefore, the actions of the legislator connected with the implementation of the new legal legislation on awarding public procurement which promotes greater care for efficient use of public funds should be assessed positively.

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JAFAR, MOHAMMED. « Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.

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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

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Zatloukalová, Lucie. « Principles of European Family Law as an Inspiration for Law Makers in Europe ». Dans COFOLA 2021. Brno : Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9981-2021-5.

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The Commission on European Family Law is an international group of academic experts on family law. The principles aim is to help harmonize European law and to inspire national legislators to modernize their legislation. The principles try to capture the common core of individual national legislations. If some substantial question has no common core, the Commission creates a new rule, so-called “better law”. The Principles relating to couples in de facto unions deals mainly with the definition and application framework, general rights and obligations, agreements, property and debts, termination of cohabitation, death and mutual disputes. The Principles are of a recommendatory nature only. In Czech Republic the conservative approach prevailed, and de facto unions have no specific legal regulation. In the future, there can be some interesting legal constructions of rights and duties of couple in de facto union that could be an inspiration for Czech legislator. In this contribution I will choose such rights and duties according to the Principles.

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Moroz, Svetlana. « Kazakhstan’s Investment Legislation : Past, Present and Future ». Dans The XX International Scientific Conference "Functioning of Investments Financed from State Resources and from Other Sources in The Countries of Central And Eastern Europe". Temida 2, 2022. http://dx.doi.org/10.15290/ipf.2022.12.

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This article is devoted to the study of the formation and development of investment legislation in the Republic of Kazakhstan. The author identifies five stages of the formation of Kazakhstan’s investment legislation from 1990 to the present. The author describes each stage of the development of investment legislation, analyzes all the enacted legislative acts and reforms that have been implemented to attract investors to the country’s economy. It is noted that the Republic of Kazakhstan since its independence has taken serious steps to create a favorable investment climate, and certain results in this direction have been achieved, but there are also problems. It is emphasized that cardinal changes in the country’s investment policy, constant reforms in the public administration system, the creation of various state bodies to regulate investors’ activities have a negative impact on Kazakhstan’s investment attractiveness. In this regard, the author concludes that it is necessary to change the investment policy in the field of granting tax preferences, improve the investment and tax legislation of Kazakhstan to ensure proper protection of investors’ rights.

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Wake, C. « Impact of Europe and recent legislation on the GB rail industry - a national safety authority perspective ». Dans IET Seminar on Railway Law for Engineers : How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080596.

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Miserciu, Iulian. « Audit of European Structural and Investment Funds, a Component of the Management and Control System ». Dans G.I.D.T.P. 2019 - Globalization, Innovation and Development, Trends and Prospects 2019. LUMEN Publishing, 2022. http://dx.doi.org/10.18662/lumproc/gidtp2022/10.

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The European Commission (EC) has established through European regulations that at each Member State an independent body, generically called the Audit Authority (AA), who will ensure the external public audit function for each operational program financed by the European grants. Each Member State was free to set up its audit authority, subject to the above-mentioned conditions. The Romanian Audit Authority was set up at the level of the Romanian Court of Accounts, being established by national law as a body without juridical personality, operationally independent from the rest of the public audit activity. This audit body performs the external audit function for all operational programs financed by the European grants. The present article aims to present the Romanian Audit Authority, its institutional and organizational capacity to fulfil the legal requirements of the European legislation and the extent to which its results can provide a reasonable assurance to the European Commission that the management and control system (MCS) functions in way to prevent, detect and correct deficiencies and financial sanctions. One of the challenges of the audit is whether its recommendations can prevent malfunctions in the MCS, and in the event of irregularities, the managing authority (MA) and the certifying authority (CA) can correct them in time before the European Commission is declared expenditure. It will also present the procedure established by the legal framework on how audit recommendations are implemented by the other entities within the management and control system. Although it is part of the Court of Auditors, the Audit Authority has its own working procedures, which must reflect the requirements of European regulations and guidelines, and the results of its verifications are communicated to the European Institutions. The manner in which the EC uses the audit reports will also be the subject of this article.

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Marinova, Bisserka. « LEGAL MODELS AND PROBLEMS IN PRIVATE AGRICULTURAL LAND USE IN BULGARIA ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s23.097.

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This paper provides a detailed picture of the existing legislation of agricultural land use by entities who do not own it in Bulgaria and makes specific suggestions to improve it, aiming at creating a legislative framework enhancing productivity and sustainability. The study is briefly considering the historical and economic factors for the development of the case law in line with the legal framework in thiscontext. Attention is also paid to the goals of the European Union (EU) to provide properconditions for technologicalization of agricultural production, investment in irrigation and other equipment, obtaining external financing, alongside with ensuring profitable sale of production. Undisputedly there is a need to strike a balance between the interests of private land owners and the broader public, by creating a legal basis (through legal and administrative measures) governing the actual use and cultivation of agricultural land.The paper further examines and discusses a number of on-going issues, i.e. the legal status of existing agricultural cooperatives; the consolidation of agricultural land by creating land use plots;the so called �white spots� of undeclared land; the options of leasehold versus renting of agricultural landand its legal framework. The conclusion contains a general analysis of the proposals for changes in the regulatory environmentin the observed area to achieve more efficient and sustainable use of agricultural land. The contribution of the report is to show the variety of models of land use in agriculture and their differences, analyzing the actual legal framework and giving concrete proposals for improving it. Comparative method, synthesis and analysis are used while inspecting the area of research.

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Daoust, Ph, P. Detroux et J. Weverbergh. « European Nuclear Pressure Components : What Kind of Rules Do We Need ? » Dans 17th International Conference on Nuclear Engineering. ASMEDC, 2009. http://dx.doi.org/10.1115/icone17-75458.

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In Europe, Nuclear Pressure Components are subject to different sets of rules in different countries. In the 1970s, small and medium-sized countries generally adopted a complete American set of rules transposed into national legislation. Larger nations that already had more detailed legislation preferred to introduce a full set of their own national regulations. In the early 2000s, the Pressure Equipment Directive was introduced (PED) in each EU country. Its main aims were to standardize the approaches, to strengthen the evaluation of safety risks and to open up the market. This paper summarizes the regulatory developments. In connection with potential nuclear investments by the GDF SUEZ group in France, different studies and comparisons have been carried out within TE. The paper gives the principal conclusions and recommendations from the ongoing evaluation of the rules.

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Kolesnikov, Yuriy. « Innovative Fintech Projects as An Incentive for Development of Tax Legislation in Russia (Using the Example of Investment Platforms) ». Dans The XX International Scientific Conference "Functioning of Investments Financed from State Resources and from Other Sources in The Countries of Central And Eastern Europe". Temida 2, 2022. http://dx.doi.org/10.15290/ipf.2022.07.

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Russia has come a long way in establishing an entrepreneurial culture. But, despite this, the short history of the country’s market economy requires continuing the course of transformation of legislation related to the innovation economy. Recently, the number of projects in the financial and technological sphere operating at all levels of financial activity has been growing rapidly. The most striking examples include the creation of various services: banking, investment (including cryptoexchanges), and tax services that provide their functions through mobile applications and provide more opportunities to use them, thereby replacing outdated ways of interacting with customers. In this article, the author examines how the rapid development of new forms of economic relations has affected the legal regulation of financial technologies in the domestic legal system. The author used the method of content analysis to solve these problems, and as a subject considered local legislative gaps that arise in the activities of innovative financial intermediaries.

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Morina, Gazmend, et Gani Kastrati. « ENVIRONMENTAL EXPENDITURE OF ENTERPRISES, IN MINING SECTOR IN KOSOVO ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s21.072.

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Environmental expenditures include all environmental protection expenditures to prevent, reduce and control environmental aspects, impacts and hazards, in addition to the costs of disposal, treatment, hygiene and cleaning. Environmental protection expenditures are defined as investments of enterprises allocated to reduce direct environmental pollution. In this scientific paper we will address the topic of environmental costs of enterprises in the mining sector in Kosovo. All enterprises of the mining industry in Kosovo are obliged by legislation to allocate or plan a budget for environmental expenditures. The Independent Commission for Mines and Minerals is an independent agency defined by the Constitution of the Republic of Kosovo, which regulates mining activities in Kosovo in accordance with the Law on Mines and Minerals, bylaws issued in accordance with the Law on Mines and Minerals and Kosovo Mining Strategy. This institution has determined by administrative instruction the expenses which the enterprises of the mining sector are obliged to deposit in the form of bank guarantees, for the closure of the mine, after the expiration of the license or permit. This type of expense for the company is otherwise called insurance "for all risks to third parties". Collecting high quality and reliable environmental expenditure data is essential for policymakers to develop effective environmental policies and for donors and financial institutions. Environmental criteria consider how a company performs as a nature manager. Mining areas often experience a theme of social tension due to the potential compromise between the expected impact of employment and concerns about environmental damage. Pollution control is a necessary condition for welfare benefits despite new job opportunities in the mining sector. Mining operations often require intensive use of water resources, require land and can create severe environmental externalities, including soil erosion and pollution, air and water, pollution from acid mine drainage, to chemical leakage and sedimentation. During this paper we will be based on some methods of scientific research such as: analysis, synthesis, generalization, specification, etc. We will be based on publications or official reports of relevant institutions, Kosovo and international legislation related to the topics addressed as well as field visits to the mining sector enterprises in Kosovo, which allocate more budget for environmental expenditures, for due to the activity they exercise. Finally, we will give our conclusions regarding the adequacy of environmental expenditures made by mining sector companies in Kosovo, the legislation in force and the need to amend or supplement this legislation, etc.

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Rapports d'organisations sur le sujet "Investments – Law and legislation – Europe"

Minero Alejandre, Gemma. Ownership of Databases : Personal Data Protection and Intellectual Property Rights on Databases. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64578.

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When we think on initiatives on access to and reuse of data, we must consider both the European Intellectual Property Law and the General Data Protection Regulation (GDPR). The first one provides a special intellectual property (IP) right – the sui generis right – for those makers that made a substantial investment when creating the database, whether it contains personal or non-personal data. That substantial investment can be made by just one person, but, in many cases, it is the result of the activities of many people and/or some undertakings processing and aggregating data. In the modern digital economy, data are being dubbed the ‘new oil’ and the sui generis right might be con- sidered a right to control any access to the database, thus having an undeniable relevance. Besides, there are still important inconsistences between IP Law and the GDPR, which must be removed by the European legislator. The genuine and free consent of the data subject for the use of his/her data must remain the first step of the legal analysis.

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