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Articles de revues sur le sujet "Power resources – Law and legislation – European Union countries"
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Berdnik, I. V. « CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION ». Scientific journal Criminal and Executive System : Yesterday. Today. Tomorrow 2021, no 2 (15 décembre 2021) : 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Novicic, Zaklina. « Freedom of movement for persons in the European Union Law ». Medjunarodni problemi 55, no 1 (2003) : 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина et Natalya Semilyutina. « Information Technologies and Economic Relations : Problems of International Conventional Unification in EAEU ». Journal of Russian Law 3, no 11 (11 novembre 2015) : 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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González Lorente, Álvaro, Montserrat Hernández López, Francisco Javier Martín Álvarez et Javier Mendoza Jiménez. « Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions : The Cases of Spain and Cuba ». Sustainability 12, no 12 (25 juin 2020) : 5190. http://dx.doi.org/10.3390/su12125190.
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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.
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Zavadska, Anhelina, et Stanislav Vodolazkii. « Problems of formation of business angels in the innovative process of Ukraine ». Law and innovative society, no 2 (15) (4 janvier 2020) : 122–27. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-19.
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Problem setting. The article examines the problems of the legislative definition of business angels, and also summarizes the terminology of this subject of innovation infrastructure. Also, in the article we try to find out the legislative consolidation of the term of “business angel” in the countries of the European Union, which further development and functioning is investigated. The importance of them is determined at the national level to consolidate in a special law the definition and procedure for the provision of investments by business angels. Analysis of resent researches and publications. Business angels are relevant, because for many Ukrainian entrepreneurs and companies there is a problem of financing. Thus, the study of this topic in their scientific works engaged in such outstanding scientists A.M. Lieutenant and LL Antonyuk, S. Valdaytsev, K. Pinyugin, O. Kashirin, O. Semenov, A. Karzhauv, O. Folomentyev, Benjamin J., Margulis J., Ammosov YP, Brian Hill, Dn. Power, N. Fonstein, A. Halytsky and other scientists. The target of research. There is a study of the essence and legal definition of the term business angels. Research of national and foreign private investors (business angels), as well as, outlining of reality of regulation in national legislation of the procedure for providing business angels to invest. Article’s main body. A business angel is a person who invests money in projects that often exist only as an idea. At this stage, a young campaign or entrepreneur funds of the development and implementation plan often have nothing to begin a startup, because there is nothing to interest serious investment funds. In this case, angels come to the aid of investors. It should be emphasized that investors, when they see a prospect in the idea, and believe in the future this idea will appeal to society and will find further improvement and development, business angels, usually, invest in this business the necessary and sufficient amount of their own funds. This is what distinguishes business angels from venture investors, who manages other people’s capital. So, it should be noted that they receive not only a share in the campaign, but sometimes even a blocking stake, what allows them to influence decisions made by the owner. In the research, Shevchenko O.M gives the following definition that business angels are private venture investors who invest their financial resources, as well as, personal time and abilities in little-known young innovative companies with the expectation of commercial profit. In addition, by providing start-up capital, private investors bring to the company the most valuable thing — professional and managerial experience (which is, usually, lacking in companies in the early stages of development), as well as, the necessary connections and reputational support. Conclusions and prospects of the development. Therefore, analyzing all of the above, the following conclusions should be next: firstly, the functioning of such a new institution in innovation law as business angels is an effective source of stimulating innovation by providing financial and information and communication support to entrepreneurs; secondly, it should be emphasized that further development and implementation in Ukraine requires its own legislation in a special Law of Ukraine.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina et Yerik B. Akhmetov. « Modern features of law institutions of the European Union ». RIVISTA DI STUDI SULLA SOSTENIBILITA', no 1 (août 2020) : 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Hansen, Michael A. « Explaining deviations from the Stability and Growth Pact : power, ideology, economic need or diffusion ? » Journal of Public Policy 35, no 3 (20 avril 2015) : 477–504. http://dx.doi.org/10.1017/s0143814x15000094.
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AbstractWhy do some countries deviate from European Union law? More specifically, why do countries violate the Stability and Growth Pact, which is a cornerstone piece of legislation for the shared economy? Is it that violators simply have no other choice due to economic need? Are the violators intentional deviators that are simply able to violate the Stability and Growth Pact because of their power in the European Union? This article answers these questions and identifies those factors that are most likely to impact a country’s deviation from the two main clauses of the Stability and Growth Pact. The major finding is that it is economic need, not a country’s relative power, governing ideology or diffusion, that has a large impact on which clause will be violated.
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Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov et Dmitriy Kamensky. « Criminal law counteraction to land pollution in the EU countries : searching for the optimal model ». Revista Amazonia Investiga 10, no 42 (30 juillet 2021) : 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Kondrotas, Lukas. « European Union policy and the use of the normative power regarding cybersecurity ». Análisis Jurídico - Político 4, no 7 (31 janvier 2022) : 143–68. http://dx.doi.org/10.22490/26655489.5504.
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The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
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Yarema, O., et O. M. Ilyushyk. « Legal aspects of electronic document management in telemedicine ». Analytical and Comparative Jurisprudence, no 6 (18 février 2023) : 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
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In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
Thèses sur le sujet "Power resources – Law and legislation – European Union countries"
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Zhu, Feng. « EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.
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Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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BONAFÉ, MARTÍNEZ Ernesto. « Towards a European energy policy : resources and constraints in EU law ». Doctoral thesis, 2010. http://hdl.handle.net/1814/14979.
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Defence Date: 11 October 2010Examining Board: Prof. Jacques Ziller, University of Pavia (EUI Supervisor); Prof. Pippo Ranci, Catholic University of Milan; Prof. Leigh Hancher, University of Tilburg; Mr. Jorge Vasconcelos, MIT/Portugal Programme, Lisbon University
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The European Union (EU) has set the objective to achieve a secure, sustainable and competitive energy. The development of a European energy policy is constantly emphasised in the declarations of EU political leaders. This thesis provides an assessment of the legal feasibility of an EU energy policy in the areas of industrial restructuring, institutional reform and security of supply. The first chapter looks into the Endesa saga, which offers a paradigmatic case concerning the tensions between energy champions and energy markets. Successive national and ‘foreign’ takeover bids for Endesa are examined at national and EU level by different authorities according to different legal regimes, which show the ambivalent contribution of the merger control to the development of an energy policy. The persistence of monopolistic structures despite energy liberalisation requires the reinforcement of the role of regulatory authorities, as analysed in chapter two. However, one cannot expect that national regulatory authorities and the newly created European Agency for the Cooperation of Energy Regulators enjoy the same powers and level of independence as their integration within Member States and the EU operates on the basis of different legal and institutional principles. Chapter three addresses security of energy supply, which is in principle a responsibility of the Member States (which often used it as a pretext to promote national champions), but it has also a European dimension in terms of external dependence and solidarity. The absence of a specific legal basis on energy in the treaties has not prevented the EU from dealing with security of supply by having recourse to legal bases in the fields of environmental policy, crisis management and trans-European networks. A more coherent approach to energy policy is expected with the new legal basis on energy in the Lisbon Treaty. Beyond future developments, this thesis measures the integrity of the commitment repeatedly expressed by European Heads of Governments and States to build up a European energy policy.
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NOWAK, Bartlomiej. « Electricity and gas market liberalization in the EU as a part of the Internal Energy Market strategy : a cross-country study - and a lesson for Poland ». Doctoral thesis, 2009. http://hdl.handle.net/1814/12013.
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Defence date: 18/05/2009Examining board: Wladyslaw Czaplinski (Polish Academy of Science, Warsaw); Leigh Hancher (Tilburg University); Heike Schweitzer (EUI); Jacques Ziller (Supervisor, EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
In many EU countries, the infrastructure for supplying electricity and gas (electricity networks, gas pipelines, and storage facilities) are still properties of the so-called vertically integrated undertakings (VIU) responsible for the extraction or generation, supply, and transmission and distribution of the energy. While competition can be promoted in the generation/production and supply side of the vertical integration, transmission and distribution segments remain natural monopolies that hinder market mechanisms. Vertical integration simply raises the possibility for incumbents to favor their own divisions and to block new entrants. As a result, the Electricity and Gas Directives of the European Commission proposed several measures to foster competition in politically delicate structures of the electricity and gas markets. These measures involve non-discriminatory third party access to the gas and electricity infrastructure, independent regulation of the natural monopolies and the unbundling of the VIU. Unfortunately, my research shows that there are still many obstacles to fulfilling the potential of the internal market in electricity and gas. What is more since substantial delays have occurred in implementing the Directives, it is difficult to clearly evaluate what the final effect will be; nevertheless, it is possible to argue that the steps already taken are insufficient to create functional market.
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DE, ALMEIDA Lucila. « Integration through self-standing European private law : insights from the internal point of view to harmonization in energy market ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46666.
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Defence date: 23 May 2017Examining Board: Prof. Hans-W. Micklitz, European University Institute (EUI Supervisor); Prof. Stefan Grundmann, European University Institute; Prof. Daniela Caruso, Boston University; Prof. Kim Talus, University of Helsinki and University of Eastern Finland
This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.
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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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COELHO, Gonçalo Miguel Banha. « Liberalisation of network industries and access to natural resources : the case of radio spectrum and energy resources ». Doctoral thesis, 2016. http://hdl.handle.net/1814/41265.
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Defence date: 9 May 2016Examining Board: Professor Giorgio Monti (Supervisor), European University Institute; Professor Eric Brousseau, Paris-Dauphine University; Professor Angus Johnston, University College Oxford; Professor Pierre Larouche, Tilburg University.
The Thesis analyses the impact of the regulation of radio spectrum and energy resources in the liberalisation of wireless communications and electricity in the European Union (EU). The answer to this inquiry presupposes a discussion of three sub-questions: (i) what is the competence of the EU to regulate the radio spectrum and energy resources ("the power gap"); (ii) is there a gap in the regulation of natural resources ("the regulatory gap"); and (iii) how has the Commission used other instruments, particularly competition law, to bridge the two gaps? The Introduction presents the institutional economics approach that guides the reader throughout the Thesis. It builds upon Williamson's four levels of institutional analysis and argues that the way in which access to natural resources is structured ("level 2" of institutional analysis), deeply impacts the regulatory design of the network industries and the way in which the Commission shapes the application of competition law. Its purpose is not to present an ideal system of resource management but rather to highlight that all institutional decisions bear costs, and that, in the absence of level 2 interventions, the Commission has used imperfect alternative solutions, such as competition law, to bridge the regulatory and power gaps.
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DALY, Angela. « Mind the gap : private power, online information flows and EU law ». Doctoral thesis, 2015. http://hdl.handle.net/1814/35407.
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Defence date: 3 March 2015Examining Board: Professor Giorgio Monti, European University Institute (EUI Supervisor); Professor Giovanni Sartor, European University Institute; Professor Lilian Edwards, University of Strathclyde; Professor Chris Marsden, University of Sussex.
This thesis examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Illustrative case studies - of Internet provision, search, mobile devices and app stores, and the cloud – are chosen to demonstrate the gaps that exist in current EU law and regulation when applied to concentrations of private power online. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failures can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, some 'quick fixes' from outside the system are proposed at the end of each case study, namely the potential for applying regulation and/or applying 'self-help' solutions, which are mainly technical measures using peer-to-peer design.
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PAPAIOANNOU, Anna. « The discretionary power of the Commission of the European Communities in the field of state aids : aspects of the application of articles 92-94 EC ». Doctoral thesis, 1994. http://hdl.handle.net/1814/4742.
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GOMEZ, Luis Alfonso. « A rhapsody of European regions : legal variations on a theme of power ; an institutional analysis of regions in the Community structure ». Doctoral thesis, 1993. http://hdl.handle.net/1814/5551.
Texte intégralLivres sur le sujet "Power resources – Law and legislation – European Union countries"
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D, Cameron Peter, dir. Legal aspects of EU energy regulation : Implementing the new directives on electricity and gas across Europe. Oxford : Oxford University Press, 2005.
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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.
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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.
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Electricity and gas supply network unbundling in Germany, Great Britain and the Netherlands and the Law of the European Union : A comparison. Antwerp : Intersentia, 2010.
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Hende, Katelijn van. Offshore wind in the European Union : Towards integrated management of our marine waters. Alphen Aan Den Rijn, The Netherlands : Wolters Kluwer Law & Business, 2015.
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Water law and policy : Governance without frontiers. New York : Oxford University Press, 2008.
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Cameron, Peter. Legal Aspects of EU Energy Regulation : Implementing the New Directives on Electricity and Gas Across Europe. Oxford University Press, USA, 2005.
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Hauteclocque, Adrian De. Market Building Through Antitrust : Long-Term Contract Regulation in EU Electricity Markets. Edward Elgar Pub, 2014.
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Kenner, Jeff. European Union Legislation. Taylor & Francis Group, 2012.
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Kenner, Jeff. European Union Legislation. Taylor & Francis Group, 2012.
Trouver le texte intégralChapitres de livres sur le sujet "Power resources – Law and legislation – European Union countries"
1
Pahl, Bogumił, et Michał Mariański. « Evolution of the Taxation of Wind Power Plants in the Polish Tax Law ». Dans European Financial Law in Times of Crisis of the European Union, 477–86. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.45.
Texte intégralRésumé :
The general purpose of the article is to present in a comparative perspective how the principles of the taxation of wind power plants have evolved. In the Polish tax law, over the past several years, the legislature has undertaken considerable efforts to modify those principles. The lack of the stability of tax legislation may prove to be one of the main reasons for discouraging economic operators from pursuing such investments. Most evidently, the lawmakers do not have a clear vision of a coherent and permanent legal framework in this aspect. The purpose of this article is to present how the principles of the taxation of wind power plants in Poland have evolved. Perhaps the wider experience of other European countries in this regard will help to develop a model of the taxation of wind power plants not only in Poland but also in other East and Central European Union Countries.
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Kozerska, Ewa, et Tomasz Scheffler. « State and Criminal Law of the East Central European Dictatorships ». Dans Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.
Texte intégralRésumé :
The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
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Hakelberg, Lukas. « Power in International Tax Politics ». Dans The Hypocritical Hegemon, 25–48. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501748011.003.0002.
Texte intégralRésumé :
This chapter develops a theory of power in international tax politics. This theory identifies market size and regulatory capacity as the decisive resources enabling governments to issue credible threats and inducements with a view toward making other governments do what they would not otherwise do. A lack of regulatory capacity explains why the European Union has not wielded the same power in negotiations over global tax policy as the United States despite the EU's similarly sized internal market. In fact, taxation remains an exclusive member state competence. Therefore, the European Commission has no administrative authority to impose penalties on third states or foreign firms not complying with tax good governance standards applicable within the union. At the same time, the principle of nondiscrimination enshrined in EU law prevents individual EU countries from passing sanctions against other member states abetting tax evasion and avoidance. Because of the lack of regulatory centralization in the EU, the US can act as a hegemon in international tax politics. Accordingly, US preferences determined by domestic politics decisively shape the content of global tax policy. The preferences of other governments merely affect the US administration's enforcement strategy.
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Miheș, Cristian Dumitru. « Romania : National Regulations in the Shadow of a Common Past ». Dans Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 125–55. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_5.
Texte intégralRésumé :
The rule of law is very difficult to enforce during periods of dictatorship or war. We can have a justice system that functions, as we had before 1989, but that system was confined to upholding the regime in power. Romania experienced a dictatorship for a very long period of time. In the first phase, there was a royal dictatorship from 1938, then a military one, followed by the communist regime until the end of 1989. Since 1945, Romania has been a part of the world where the communist system imposed by the Soviet Union left its mark on criminal justice. The authors of the 1968 Penal Code considered that code to have been adopted “with the purpose of solving uniformly the vast problematic of pre- venting and punishing the crimes.” In a practical regard, the entire legislation was a tool to ensure the success of the regime of communist oppression. In these circumstances, the events that took place in 1989 liberated the spirit of freedom; meanwhile, the consequences of those events took the citizens of the Central and East European countries by surprise, and they were unprepared for the struggle toward democracy and the rule of law. This was the case in Romania when, finally, in 2014, the process of enforcing all fundamental codes was established. In fact, the reform was deeper than the adoption of a new Penal Code, the Code of Criminal Procedure, and the Law on the Execution of Sentences, Educational Measures, and Judicial Measures during Criminal Proceedings. This study presents the main principles, legal institutions, and operational characteristics of the new laws.
Actes de conférences sur le sujet "Power resources – Law and legislation – European Union countries"
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Muszyński, Robert, et Katarzyna Kocur-Bera. « Opportunities and Barriers to the Development of Poland in the Field of Renewable Energy Sources as Compared to the European Union ». Dans 11th International Conference “Environmental Engineering”. VGTU Technika, 2020. http://dx.doi.org/10.3846/enviro.2020.604.
Texte intégralRésumé :
Today, almost all of civilisation is based on energy. To a large extent, energy is being continuously acquired from non-renewable raw materials deposited in the Earth’s crust. Renewable sources provide alternative, infinite energy resources, particularly solar radiation, wind power and water movement. The Paris Agreement envisages the complete abandonment of fossil fuels by the year 2050 for all EU Member States. From a technical point of view, a complete transition to renewable energy sources (RES) is very difficult to achieve. In the case of Poland, the way to 100% RES is longer and more complex than in most EU countries. The main purpose of the conducted analysis was to thoroughly assess the possibilities for obtaining energy from inexhaustible sources as well as the benefits of various procedures in order to develop an optimal set of solutions. The aim of the presented study is to indicate the possibilities for the development of construction investments in the field of renewable energy sources that have an inseparable impact on spatial management. To achieve this aim, the method of research of the available literature and legislation was applied.
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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.
Texte intégralRésumé :
The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.