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Sample records for european corporate law

  1. European Corporate Law

    DEFF Research Database (Denmark)

    Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

    , and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...

  2. Introductory Guide to European Corporate Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex

    Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

  3. European Corporate Law, 2nd edition

    DEFF Research Database (Denmark)

    Werlauff, Erik; Dorresteijn, Adriaan; Monteiro, Tiago Pereira

    As in the First Edition (1995) of this well-known book, the authors demonstrate that analysis and comparison of national corporate laws on a number of issues yield highly valuable general principles and observations, not least because business organisations, wherever located, tend to show...

  4. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  5. The Corporate Law Curriculum

    Science.gov (United States)

    Mofsky, James S.

    1976-01-01

    On the premise that corporate counsel must be an able diagnostician before he can focus on highly specialized and interrelated issues of business law, the author suggests an approach to corporate law curriculum in which the basic course balances the quality and quantity of material designed to create the needed sensitivity. (JT)

  6. The Essential Elements of Corporate Law. What is Corporate Law?

    OpenAIRE

    Armour, John; Hansmann, Henry; Kraakman, Reinier

    2017-01-01

    This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, w...

  7. Essential Elements of Corporate Law

    OpenAIRE

    Kraakman, Reinier H.; Armour, John; Hansmann, Henry

    2009-01-01

    This article is the first chapter of the second edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, while ...

  8. European media law

    NARCIS (Netherlands)

    Castendyk, O.; Dommering, E.; Scheuer, A.

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual

  9. British law on corporate bribery.

    OpenAIRE

    Mukwiri, Jonathan

    2015-01-01

    Purpose: – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach: – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findings: – This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to foc...

  10. Imperialism and accountability in corporate law: the limitations of incorporation law as a regulatory mechanism

    OpenAIRE

    Foster, Nicholas HD; Ball, Jane

    2006-01-01

    This article discusses the limitations of the law incorporating a corporation (‘incorporation law’) as a control or governance mechanism in a world where it is increasingly difficult to prevent corporations choosing the incorporation law which suits them best. It uses as an example of the globalising pressures in this field three important cases on the right of establishment in the European Union.

  11. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  12. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

  13. Corporate Migration in the European Union

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig; Neville, Mette

    2000-01-01

    The article analysis the existing possibilities for corporations to change their place of registration (and thereby the applicable law) in the EU, and the prospects offered by the proposed 14th Company Law Directive....

  14. The Proprietary Foundations of Corporate Law

    OpenAIRE

    John Armour; Michael J Whincop

    2005-01-01

    Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law’s role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. Practical circumstances dictate that such rights must be shared. Property law protects the rights of co-owners against each othe...

  15. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

  16. European food law handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.

    2008-01-01

    This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through

  17. Corporate Governance and the Value of Excess Cash Holdings of Large European Firms

    NARCIS (Netherlands)

    Schauten, M.B.J.; van Dijk, D.J.C.; van der Waal, J.P.

    2013-01-01

    We examine the relation between the quality of corporate governance and the value of excess cash for large publicly listed European firms from common-law and civil-law countries. Besides different law origins, we distinguish different dimensions of corporate governance by using ratings for the

  18. Corporate Tax in European Union and the Theory of Corporate Finance

    Directory of Open Access Journals (Sweden)

    Iwin-Garzyńska Jolanta

    2015-12-01

    Full Text Available One of the main objectives to be accomplished by the European Union law is to eliminate barriers to the functioning of domestic market and in particular improve the competitiveness of enterprises. After several years of efforts, the European Commission approved a proposal for the directive on a Common Consolidated Corporate Tax Base which is to remove obstacles to the functioning of internal market and increase tax harmonization. The article is aimed at presenting the essence of CCCTB in the theory of corporate finance and its importance for enterprises, based on the survey of Polish and EU companies. The paper addresses issues relating to tax in corporate finance. Canons of taxation will be discussed and special emphasis will be placed on principles behind formulating fiscal law provisions (including the EU law. Furthermore, the article presents the results of surveys into the importance of taxation cannons for Polish and EU companies.

  19. Telemedicine and European law.

    Science.gov (United States)

    Callens, Stefaan

    2003-01-01

    A Directive of the European Union was first published in 2000, which dealt with telemedicine as part of its provisions. This E-Commerce Directive, as it became known, was subjected to further study which revealed some problems relative to the practice of telemedicine. Among the subjects discussed in this paper are those of privacy, data protection, free movement of services, the impact of electronic communication and ethical issues.

  20. The End Of History For Corporate Law

    OpenAIRE

    Henry Hansmann; Reinier Kraakman

    2000-01-01

    Despite the apparent divergence in institutions of governance, share ownership, capital markets, and business culture across developed economies, the basic law of the corporate form has already achieved a high degree of uniformity, and continued convergence is likely. A principal reason for convergence is a widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders, including noncontrolling shareholders. This consensus on a sharehol...

  1. Principles of European Company Law

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2010-01-01

    The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us, and this is presen......The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us...

  2. Corporate actors in Western European television news

    NARCIS (Netherlands)

    Verhoeven, P.

    2009-01-01

    News about corporations can be understood as an interdependent relationship among the public relations function, organizational logic and the logic of the media. This research addresses the visibility and role of corporate actors in Western European public television news. A quantitative content

  3. 12 CFR 1710.10 - Law applicable to corporate governance.

    Science.gov (United States)

    2010-01-01

    ... AND URBAN DEVELOPMENT SAFETY AND SOUNDNESS CORPORATE GOVERNANCE Corporate Practices and Procedures § 1710.10 Law applicable to corporate governance. (a) General. The corporate governance practices and... Enterprise shall follow the corporate governance practices and procedures of the law of the jurisdiction in...

  4. Corporate Tax in European Union and the Theory of Corporate Finance

    OpenAIRE

    Iwin-Garzyńska Jolanta

    2015-01-01

    One of the main objectives to be accomplished by the European Union law is to eliminate barriers to the functioning of domestic market and in particular improve the competitiveness of enterprises. After several years of efforts, the European Commission approved a proposal for the directive on a Common Consolidated Corporate Tax Base which is to remove obstacles to the functioning of internal market and increase tax harmonization. The article is aimed at presenting the essence of CCCTB in the ...

  5. How to Enforce European Law

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    2017-01-01

    This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service of the Eu......This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service...... of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its member states and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep...

  6. EUROPEAN AND AMERICAN PERSPECTIVES ON THE CHOICE OF LAW REGARDING CROSS-BORDER INSOLVENCIES OF MULTINATIONAL CORPORATIONS – SUGGESTIONS FOR SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    Jeanette Weideman

    2012-12-01

    Full Text Available An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI. The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU adopted the European Council Regulation on Insolvency Proceedings (EC Regulation in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.

  7. Featuring Control Power: Corporate Law and Economics Revisited

    NARCIS (Netherlands)

    A.M. Pacces (Alessio)

    2008-01-01

    textabstractThis dissertation reappraises the existing framework for economic analysis of corporate law. The standard approach to the legal foundations of corporate governance is based on the ‘law matters’ thesis, according to which corporate law promotes separation of ownership and control by

  8. European Energy Law. Report VII

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2010-04-15

    The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

  9. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  10. Good Faith in European Contract Law

    NARCIS (Netherlands)

    Hondius, E.H.

    2002-01-01

    Reinhard Zimmermann and Simon Whittaker, Good Faith in European Contract Law, pp 720, ISBN 0 521 77190 0, Cambridge University Press, Cambridge 2000. This is the first publication resulting from the Trento Common Core of European Private Law project. It analyses the law relating to good faith in

  11. European atomic (nuclear) law and Austria

    International Nuclear Information System (INIS)

    Heitzinger, R.

    2000-05-01

    The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)

  12. DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

    Directory of Open Access Journals (Sweden)

    Cătălina-Adriana Ivănuș

    2013-11-01

    Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.

  13. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  14. Mapping strategy, structure, ownership and performance in European corporations : Introduction

    NARCIS (Netherlands)

    Colli, A.; Iversen, M.J.; de Jong, A.

    2011-01-01

    This paper is the introduction to the Business History special issue on European Business Models. The volume presents results of the international project about mapping European corporations, within the strategy, structure, ownership and performance (SSOP) framework. The paper describes the

  15. The european union as subjects of law

    Directory of Open Access Journals (Sweden)

    Fila R.

    2012-10-01

    Full Text Available At the international level it is recognized that development and progress of the new and unique international organization – European Union – is one of the appropriate form of the international organization’s integration. Although European Union was establish as international economic organization, it has gradually integrated the various “best practices” ideas from different governmental systems. Encouragement and motives for cooperation of Member states indicate that member states give more competences of government to the international organization’s institutes. Wherewith, it is observed that the economic and political internationalization has led to disappearance of integrity of territory of member states. The above mentioned opinion is not based on research of the European Union as international organization from standpoint of international law, but from standpoint of theory law – could give juridical estimate regarding executive power in European Union and who could define particular source and entity of administrative law of European Union.

  16. The European Private Company: Do We Need Another 28th Private Legal Form in the EU? On Regulatory Competition of Corporate Law

    Directory of Open Access Journals (Sweden)

    Martina Eckardt

    2012-12-01

    Full Text Available Small and medium-sized enterprises (SMEs are of vital importance for employment, innovation and growth in the EU member states. However, so far only a rather small number participates in international business activities. The European private company is intended to support SMEs’ internationalization. In this paper we analyse whether such an additional supranational legal form is necessary. In a first step we show that from the normative point of view of interjurisdictional competition arguments from welfare economics, public choice and evolutionary economics are mainly in favour of it. In a next step we ask from a positive point of view whether it is nevertheless necessary at all. We discuss to what extent horizontal competition on legal forms is already working within the EU. We find that there is some competition taking place, however, so far it does not address specifically the needs of SMEs when doing business internationally

  17. European Private Law - Survey 1998-2000

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    From its conception, the European Review of Private Law has tried, sometimes in vain, to publish Chronicles (‘Chroniques’) or Surveys of the main areas of private law: Contract, Inheritance, Property, Tort, etc. The idea of these Chronicles or Surveys is that, within a specific area of private

  18. Five political ideas of European contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2011-01-01

    This paper explores the possible implications of leading contemporary theories of political philosophy for some of the main questions that the political institutions of the European Union will have to decide on concerning the future of European contract law. Thus, it explores what a utilitarian,

  19. Contractual Networks In European Private International Law

    OpenAIRE

    Grušić, U.

    2016-01-01

    This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not connected directly by bonds of contract, and 3) relations between the network and the outsiders. The aim is to assess whether, and to what extent, European private international law is capable of dealing w...

  20. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...

  1. European and Czech principles of contract law

    OpenAIRE

    Horáková, Monika

    2008-01-01

    8 Summary European and Czech Principles of Contract Law This thesis is focused on principles of contract law. In the first instance, it explains the theoretical conception of principles of law and adverts to their status in the Czech legal system. The second Chapter of the thesis dissertates about basic principles of the Czech private law starting with the principle of freedom of contract, ends with the principles of good faith and fair dealing. The main part of the thesis deals with the Euro...

  2. National And European Law: Problem Of Implementation

    Directory of Open Access Journals (Sweden)

    Olga M. Mesheriakova

    2014-09-01

    Full Text Available Present article is devoted to one of the main problems for all integration communities –problem of implementation of the integration law norms in the national legal system of member states. Author, on the example of certain member states of the European Union considers mechanism of the European Union law action in it's member states. In the article constitutional norms of the number of member states which set a ratio of the national and European laws are analyzed. According to the principle of competence giving, member states voluntary transfer part of the competence to the European Union. Competences which are transferred to the member states are the competences of the European Union. In the course of research author investigates opinions of scientists and analyze regulations. Author pays separate attention to the question of the European Union creation. For example, author notes that consideration by the Federal Constitutional Court in Karlsruhe of the question of compliance of the Treaty to the Constitution of Germany became neither more nor less a most important milestone on the way of Treaty on the European Union ratification by Germany. In the decision on this matter Court defined a number of reference points for the purpose of possible excise if the European integration elimination out of those limits which are set for the government of Germany by its Constitution. The decision of the Constitutional Court of Germany though meant approval of the Treaty on the European Union in the political sense, it was nevertheless unambiguously directed against broad interpretation and federalist vision of the European integration. It is obvious that states, on the basis of constitutional norms may leave contracts that are burdensome for them. It concerns not only international treaties, but also Treaties of the European Union.

  3. European Union competition law, intellectual property law and standardization

    NARCIS (Netherlands)

    Geradin, Damien; Contreras, Jorge L.

    2016-01-01

    This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by

  4. NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2012-05-01

    Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

  5. Corporate Social Responsibility: what role for law?

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2006-01-01

    , the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions. It is argued that CSR functions as informal law, and that important...... principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self-regulation influence the substance, implementation and communication of CSR, and that the current normative...

  6. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

    Holtermann, Jakob v. H.; Madsen, Mikael Rask

    2015-01-01

    complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

  7. Towards corporate liability in international criminal law

    NARCIS (Netherlands)

    Stoitchkova, D.E.

    2010-01-01

    Please note that the electronic publication of this dissertation through Igitur is subject to a 2-year embargo period! Seeking to address the problem of corporate involvement in genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting

  8. STRATEGIES OF CORPORATE SOCIAL RESPONSIBILITY IN THE EUROPEAN UNION

    OpenAIRE

    Iamandi Irina Eugenia; Joldes Cosmin

    2009-01-01

    The present paper emphasizes the corporate social responsibility (CSR) state and development strategies in the European Union and at the level of the Romanian business environment. The aim of the paper is to present the similarities and differences in the

  9. INFLUENCE OF INTERNATIONALIZATION OF TAX LAW ON RUSSIAN TAX LAW ENFORCEMENT IN THE AREA OF CORPORATE TAXATION

    Directory of Open Access Journals (Sweden)

    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation is considered in the article.The purpose of the paper is to analyze influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and methods of comparative law.Results, scope of application. The development of Russian tax legislation is influenced by acts of international organizations, primarily the Action Plan aimed at combating base erosion and profit shifting (BEPS.Trends of regulation of corporate taxation in relationships with participation of a foreign element are considered in the article. The main issues of realization of norms in the area of corporate direct taxation are brought into light, and namely, taxation of royalties, intra-group expenses, thin capitalization rules and transfer pricing. Tax agreements concluded by the Russian Federation do not contain special rules aimed at combating abuses (in contrast, for example, from European anti-avoidance rules.In recent years Russian tax law introduced institutions that had been established and applied in the tax law of foreign countries. These processes are moving forward and are characterized by frequent changes of legislation, which indicates that the concept of deoffshorization and implementation of the BEPS plan is not always elaborated at the stage of adoption of bills.Conclusions. The author comes to the conclusion that the most relevant and most controversial issues are taxation of payment of royalties, debt financing and intra-group expenses. The practice of applying the CFC rules is just starts forming. In addition, there is a tendency to increase the quality and quantity of information sources used by tax authorities to collect

  10. ANALYZING CORPORATE SOCIAL RESPONSIBILITY REPORTING IN THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    ANDREESCU Nicoleta Alina

    2016-05-01

    Full Text Available In the context of national and international developments, Corporate Social Responsibility is becoming an increasingly important element on national and transnational policy agendas. An ever more diverse range of businesses are adopting CSR strategies as a core part of their business model. Socially responsible business can contribute to restoring trust in the market in the post-crisis context. In last years European Commission encouraging international business development and in same time, CSR instruments development in all types of organizations for encourage responsible business conduct. In this paper our purpose was to analyse the current stage of CSR in the EU. For this, we divided our research in two parts: in first part we analyze the current stage of CSR reporting of the EU members and in the second part, we study the organizational sectors of company which fulfill their report of sustainability. Our results prove us that are a few factors that influence the current stage of reporting and in last years number of company that report their CSR activity is increasing in all sectors and in all countries. Given the fact that CSR activities are becoming more and more important in any successful business, and taking into account the legislative changes that took place in European Laws, we consider CSR reporting to be even more intense in the years to follow, in EU member states.

  11. Factor decomposition and diversification in european corporate bond markets

    NARCIS (Netherlands)

    Pieterse-Bloem, M.; Mahieu, R.J.

    2013-01-01

    In this paper we present an analysis of diversification strategies on portfolios of European corporate bonds. From the perspective of a US-based investor we study whether mean–variance diversification strategies change as a result of the introduction of the European Economic and Monetary Union

  12. Factor decomposition and diversification in European corporate bond markets

    NARCIS (Netherlands)

    Pieterse-Bloem, M.; Mahieu, R.J.

    2013-01-01

    In this paper we present an analysis of diversification strategies on portfolios of European corporate bonds. From the perspective of a US-based investor we study whether mean–variance diversification strategies change as a result of the introduction of the European Economic and Monetary Union

  13. Juridifying Corporate Social Responsibility Through Public Law

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

  14. Corporate Communication in European Financial Institutions

    NARCIS (Netherlands)

    C.B.M. van Riel (Cees)

    1992-01-01

    textabstractIn 1988 the Rotterdam School of Management and Fairfield University conducted jointly a survey in twenty-one banks and twenty insurance companies in Europe and the U.S. The purpose was to examine corporate communication practices in comparable service industries on two

  15. How to study the history of European law?

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    This paper has a double purpose. On the one hand, it offers a new history, based on recently discovered primary sources, of the driving forces behind the so-called ‘constitutionalisation’ of European law taking place in 1963-64. On the other hand, it uses the lessons of this new history to reflect...... on how a general history of European law should be written and in particular how to avoid the pitfalls that characterises mainstream research on European law. In the first part it is argued that the ‘constitutionalisation’ of European law was promoted by a broad coalition beyond the Court of Justice...... the ‘constitutionalisation’ of European law in the 1960s. This is in particular the case with the ‘integration-through-law’ paradigm that permeates most of the writing on European law even today. Concluding, it is argued that a general history of European law should avoid the adoption of mainstream conceptualisations...

  16. Corporate Governance Systems used in European Union

    OpenAIRE

    Daniela Croitoru

    2011-01-01

    Article points out conflicts of interest that might arise in an enterprise between different actors involved in carrying out specific activities. Is also pursuing and decisions taken on the implementation of codes of corporate governance to resolve disagreements between the majority and minority shareholders, between shareholders and managers, and not the last time the company management and employees. The basic idea of which starts is that the harmonization objectives of all persons involved...

  17. Towards sustainability. Major challenges for corporate law, corporate governance and regulation

    NARCIS (Netherlands)

    van Basten-Boddin, C.; de Hoo, S.C.; Renssen, S.; Schwarz, C.A.

    2014-01-01

    This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. Contributions are provided by Willem Lageweg (Director of MVO Nederland), Prof. Dr. Jacqueline Cramer (Director of the Utrecht

  18. Compensatory Measures in European Nature Conservation Law

    Directory of Open Access Journals (Sweden)

    Geert Van Hoorick

    2014-05-01

    Full Text Available The Birds and Habitats Directives are the cornerstones of EU nature conservation law, aiming at the conservation of the Natura 2000 network, a network of protected sites under these directives, and the protection of species. The protection regime for these sites and species is not absolute: Member States may, under certain conditions, allow plans or projects that can have an adverse impact on nature. In this case compensatory measures can play an important role in safeguarding the Natura 2000 network and ensuring the survival of the protected species.This contribution analyses whether taking compensatory measures is always obligatory, and discusses the aim and the characteristics of compensatory measures, in relation to other kinds of measures such as mitigation measures, usual nature conservation measures, and former nature development measures, and to the assessment of the adverse impact caused by the plan or project and of the alternative solutions. The questions will be discussed in light of the contents of the legislation, the guidance and practice by the European Commission, (legal doctrine and case law, mainly of the Court of Justice of the European Union.

  19. Public Supervision over Private Relationships : Towards European Supervision Private Law?

    NARCIS (Netherlands)

    Cherednychenko, O.O.

    2014-01-01

    The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

  20. STRATEGIES OF CORPORATE SOCIAL RESPONSIBILITY IN THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Iamandi Irina Eugenia

    2009-05-01

    Full Text Available The present paper emphasizes the corporate social responsibility (CSR state and development strategies in the European Union and at the level of the Romanian business environment. The aim of the paper is to present the similarities and differences in the

  1. FMA Roundtable on New Developments in European Corporate Governance

    DEFF Research Database (Denmark)

    Elson, Charles; Berglund, Tom; Rapp, Marc Steffen

    2017-01-01

    In this discussion that took place in Helsinki last June, three European financial economists and a leading authority on U.S. corporate governance consider the relative strengths and weaknesses of the world's two main corporate financing and governance systems: the Anglo-American market...... to address the question: can we expect one of these two systems to prevail over time, or will both systems continue to coexist, while seeking to adopt some of the most valuable aspects of the other? The consensus was that, in Germany as well as continental Europe, corporate financing and governance practices......-based system, with its dispersed share ownership, lots of takeovers, and an otherwise vigorous market for corporate control; and the relationship-based, or “main bank,” system associated with Japan, Germany, and continental Europe generally. The distinguishing features of the relationship-based system...

  2. Corporate strategies for European gas markets

    International Nuclear Information System (INIS)

    Chevalier, J.M.

    1992-01-01

    In January 1992, the Commission of the European Economic Community issued a proposal for accelerating the process of building up a single market for natural gas. After the first step, already taken, to introduce price transparency, the Commission is willing to introduce progressively Third Party Access (T.P.A.) and the freedom of establishment in all segments of the natural gas industry: L.N.G. terminals, storage facilities, transmission lines and public distribution. 1 tab

  3. CORPORATE GOVERNANCE COMMITTEES IN EUROPEAN UNION EMERGING ECONOMIES

    Directory of Open Access Journals (Sweden)

    Mihaela Dumitrascu

    2013-07-01

    Full Text Available The aim of this research is to analyze the support committees of European Union emerging economies. The importance of good corporate governance is vital for an organization, especially in the emerging markets, fact that leads to a several perceived improvements of the entity, while being more trustable, open and transparent in relationship with all its stakeholders. In our demarche we started by choosing the emerging economies from European Union, which lead us to a sample consisting of the companies listed on Bucharest Stock Exchange, Sofia Stock Exchange, Warsaw Stock Exchange, Prague Stock Exchange, Budapest Stock Exchange, without taking into consideration a specific tier. In order to have a heterogeneous sample, we did eliminate the financial institutions from our research. This study is developed at European Union level and takes into consideration the following indices: BET® BUCHAREST EXCHANGE TRADING (Romania, SOFIX (Bulgaria, WIG 20 (Poland, PX (Czech Republic, BUX The Share Index of the Budapest Stock Exchange Co. Ltd. (Hungary. The data are extracted from the Annual Reports, Corporate Governance Codes, Comply or Explain Statement or the websites of the listed companies, from period 2007 - 2011. We choose this period, because we wanted to see the evolution of the corporate governance committees’ implementation from the period when the last countries from our sample joined the European Union since nowadays. Our conclusion is that we can not discuss about good corporate governance practices. Even so, we can observe from our investigation that the trend in this regard is encouraging. Like future research, we thought at developing our study by comparing the emerging economies from European Union with those outside this area. It is an interesting field of investigation, as every country has different regulations.

  4. VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

    Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

  5. CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Nyoman Indra Juarsa

    2015-12-01

    Full Text Available Multinational Corporation/MNC has a significant role to play in promoting sustainable development and alleviating global poverty. As a subject of International Economic Law, MNC has the rights to take profit from its business activities. In addition, it also has responsibility to protect sustainable environment through CSR program. This paper focuses on what more specific instrument sets CSR in international economic law, and how CSR can be implemented by the MNC. International (public law has been providing instruments to regulate MNC activities related to CSR, those are: OECD Guidelines, ILO Declaration and UN Global Compact. However, they are only “soft laws” that still require more specific instrument to be implemented. As a continuation of the general rules of public international CSR Instruments, the World Bank Group through the IFC and MIGA sets standard performances that must be met by every corporation that will get finance (IFC or guarantee (MIGA. Standard Performances are described further in the environmental, health and safety guidelines that are essential for every company to provide protection to stakeholders related to business activities including workers, communities, and environment. As the method of evaluation and enforcement, IFC and MIGA have institution namely Compliance Advisor Ombudsman serving to receive reports from the public, investigate and provide notification to the company activities that negatively affect the society. Ultimately CSR is not only seen as philanthropy (mandatory but also as guidelines and a code of conduct to be followed by the corporation in carrying out any business.   Key words: mandatory norm, obligatory norm, CSR

  6. Development and perspectives of principles of european insurance contract law

    Directory of Open Access Journals (Sweden)

    Ana Keglević

    2013-01-01

    Full Text Available Summary: Principles of European Insurance Contract Law (PEICL provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.

  7. A European legal method? On European private law and scientific method

    NARCIS (Netherlands)

    Hesselink, M.

    2009-01-01

    This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science

  8. CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

    OpenAIRE

    Éva ERDÕS

    2011-01-01

    This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

  9. HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?

    Directory of Open Access Journals (Sweden)

    GEMA TOMÁS

    2013-05-01

    Full Text Available This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. Some international research teams set up by European scholars and lawyers have been devoted to this aim for two decades. Time and effort have been made in the academic level to get a serious advance on bringing closer contractual national rules. This bottom-up approach met a stronger support in the last years although the European Parliament had “requested” the creation of a European Civil Code already in 1989. The momentous time comes in 2010 with a Green Paper from the European Commission on policy options for progress towards a European Contract Law for consumers and businesses. This Green Paper opened a public consultation period in 2011 and afterwards an expert group was appointed to draft a feasibility study for a future Instrument in European Contract Law. After all, a Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law was adopted in October 2011 arising not few doubts, worries and misgivings from different points of view. This will be not the last step in this process.

  10. The European Union and National Criminal Law

    DEFF Research Database (Denmark)

    Greve, Vagn

    1995-01-01

    Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

  11. The Structure of European Food Law

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2013-01-01

    This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and comparison to food law approaches in other parts of the

  12. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    OpenAIRE

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...

  13. An Optional Instrument for European Insurance Contract Law

    OpenAIRE

    Mandeep Lakhan; Helmut Heiss

    2010-01-01

    The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law) network, drafting a specific part of the Common Fr...

  14. Contract law as fairness: a Rawlsian perspective on the position of SMEs in European contract law

    NARCIS (Netherlands)

    Klijnsma, J.G.

    2014-01-01

    European Contract Law is still very much in development. So far, only piecemeal legislation on contract law has been enacted on a European level. Accordingly, many of the questions concerning which rules to decide on are still up for debate. One such debate concerns weaker party protection and more

  15. Group Litigation in European Competition Law: A Law and Economics perspective

    NARCIS (Netherlands)

    S.E. Keske (Sonja)

    2009-01-01

    textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

  16. An Optional Instrument for European Insurance Contract Law

    Directory of Open Access Journals (Sweden)

    Helmut Heiss

    2010-08-01

    Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts.Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.

  17. An Optional Instrument for European Insurance Contract Law

    Directory of Open Access Journals (Sweden)

    Mandeep Lakhan

    2010-08-01

    Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts. Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.

  18. Important characteristics and constitutional law basis of the optional instrument for European contract law

    Directory of Open Access Journals (Sweden)

    Silvija Petrić

    2009-01-01

    Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

  19. European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

    Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

  20. Corporate Negative Equity: The Evidence from the European Union

    Directory of Open Access Journals (Sweden)

    Natalia Mokhova

    2016-01-01

    Full Text Available After the Global Financial Crisis the frequency of reported losses of companies has increased significantly in countries of the European Union. Moreover, the financial leverage of companies have increased and even exceeded 100% in several countries. The reason of this development is negative equity that companies find themselves to report. At first sight negative equities are caused by accumulated losses from prior periods. However, there are some other reasons that can result in increasing negative equities in companies. They remain adequate as long as a company is able to pay its bills. Nevertheless, a company with negative equity is exposed to risks. This paper investigates whether the corporate negative equity is a sign of the future failure of a company. We examine non-financial manufactured companies from selected countries of the European Union within the period 2005–2012 from database Amadeus (Czech Republic, Slovakia, Hungary, Poland and Germany. By the means of comparison between negative and positive equities we applied descriptive statistics and Pearson correlation analysis. We find that in all surveyed countries the size positively influences the equity of companies. Other factors as profitability and growth opportunities do not influence the corporate equity. In addition the binary logistic regression analysis has been conducted based on the evidence from Czech companies. Our results indicate that negative equities are not a sign of bankruptcy or insolvency of a company. But the low profitability or low business activities (that are predictors of bankruptcy might lead to negative equities in the balance sheet.

  1. The Second Look in European Union Competition Law

    DEFF Research Database (Denmark)

    Sørensen, Jakob B; Torp, Kristian

    2017-01-01

    Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

  2. European contract law: The contribution of the Dutch

    NARCIS (Netherlands)

    Hondius, E.H.

    1997-01-01

    This paper will argue that when contemplating the elaboration of a European civil law, Dutch law may have some interesting ideas to offer. From the wealth of thoughts offered by the General Reporter, only one particular thread will be taken up in depth. It is the protection of the weaker contracting

  3. European water law in transition: the challenge of integration

    NARCIS (Netherlands)

    Rijswick, H.F.M.W. van

    2005-01-01

    European and domestic national water law have witnessed a number of developments, which can be described as the development from a national territorial approach towards a transnational integrated approach. Initially, Dutch water law for example, sought to offer protection against flooding. More

  4. EU External Relations Law and the European Neighbourhood Policy

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    -historical context of political Union, this thesis first argues why coherence is an issue at all in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. Subsequently, the text examines the role of EU external relations law in attaining a coherent...

  5. Fundamental Rights, European Private Law, and Financial Services

    NARCIS (Netherlands)

    Cherednychenko, O.O.; Micklitz, H.-W.

    2014-01-01

    Although it seems to be undisputed today that the harmonisation of private law in the EU cannot take place without due regard for fundamental rights, many questions still exist as to how and to what extent European private law can and should be influenced by fundamental rights. This chapter aims to

  6. European tax law. - [5th ed.] - Student edition

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a textbook for students reading tax law or EC law. It offers a systematic survey of the tax implications of the EC Treaty and of European integration and of the EC tax harmonization policy, a discussion of the Community tax rules in force, and a discussion of the EC Court's

  7. EU Law Autonomy Versus European Fundamental Rights Protection

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2015-01-01

    In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

  8. European Competition Law in the electricity sector

    International Nuclear Information System (INIS)

    Hiller, P.

    2001-09-01

    The first part gives an overview on the implementation of the Electricity Directive 96/92 in the member states of the European Union and on the still missing preconditions for a single market in the electricity sector. The second part deals with the main elements of the European merger control (market definition, market domination), the decisions in the electricity sector and analyses the impact of the Electricity Directive 96/92 EG on future merger decisions in this sector. The third part examines the role of the articles 81 and 82 EGV to secure competition in the electricity market. (author)

  9. Linking Public Administration and Law Studies within European Union

    Directory of Open Access Journals (Sweden)

    Mihaela V. Cărăuşan

    2012-05-01

    Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

  10. European Private Law: Up in the Air?

    NARCIS (Netherlands)

    Luzak, J.; Bobek, M.; Prassl, J.

    2016-01-01

    This paper compares the existing rights granted to consumers when they purchase services in the EU, whether in a shop or within a distance selling scheme, with the provisions of Regulation 261/2004. While the works on the new European rules on air passengers’ rights are still ongoing it is important

  11. An Internal Audit Perspective on Differences between European Corporate Governance Codes and OECD Principles

    Directory of Open Access Journals (Sweden)

    Raluca Ivan

    2015-12-01

    Full Text Available The main purpose of this research is to realize an analysis from an internal audit perspective of European Corporate Governance Codes, in regards with Organization for Economic Cooperation and Development – OECD Principles of Corporate Governance. The research methodology used a classification of countries by legal regime, trying to obtain a global view over the differences between the European corporate governance codes and the OECD Principles provisions, from internal audit’s perspective. The findings suggest that the specificities of internal audit function when studying the differences between European Corporate Governance Codes and OECD Principles lead to different treatment.

  12. The law applicable to environmental damage in European private international law

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

    Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

  13. An Internal Audit Perspective on Differences between European Corporate Governance Codes and OECD Principles

    OpenAIRE

    Raluca Ivan

    2015-01-01

    The main purpose of this research is to realize an analysis from an internal audit perspective of European Corporate Governance Codes, in regards with Organization for Economic Cooperation and Development – OECD Principles of Corporate Governance. The research methodology used a classification of countries by legal regime, trying to obtain a global view over the differences between the European corporate governance codes and the OECD Principles provisions, from internal audit’s perspective. T...

  14. Compatibility with European law of opt-out legislation

    International Nuclear Information System (INIS)

    Feldmann, U.

    2000-01-01

    Should consensus with the utilities not be reached, Federal Minister for the Environment, Mr. Trittin, repeatedly announced to introduce opt-out legislation 'by dissent'. Both the constitutionality of such legislation and its compatibility with European law are topics of controversial debate in the literature. The decision taken by the Bavarian cabinet on February 8 in this year, to use all political and legal means against shutting down German nuclear power plants and, for this purpose, even to approach the European Commission on grounds of potential violation of European law, are reason enough to deal in more detail with the compatibility of an opt-out law with the Euratom Treaty and the EC Treaty. As the opt-out law does not yet exist, these considerations can only be of a theoretical nature. However, this is the working hypothesis assumed: Reprocessing is banned as of the entry into force of the opt-out law. This ban includes moving nuclear waste abroad for reprocessing. The peaceful use of nuclear power for electricity generation in power reactors operated for thirty years is forbidden. Older reactors may be run only for a transition period of another three years. (This includes abandoning the promotion purpose in the German Atomic Energy Act and a ban on building new power reactors). However, the operating life may be distributed in a flexible way. This contribution indicates that there are sound reasons and interesting approaches, respectively, in the literature for assuming that opting out by means of legislation, coupled with a ban on reprocessing, at least constitutes a violation of the freedom for goods and/or services. However, this cannot be derived unequivocally from either the Euratom Treaty or the EC Treaty or from rulings by the European Court of Justice. Ultimately, compatibility with European law of the ban on reprocessing can be decided only by the European Court of Justice. (orig.) [de

  15. European Energy Law Seminar 2005. Report of NeVER

    International Nuclear Information System (INIS)

    Oosterom, A.R.; Boumans, L.

    2005-01-01

    An overview is given of the lectures and presentations at the title seminar, which was held in Noordwijk aan Zee, Netherlands, 30-31 May 2005. The seminar was organized by the Dutch Association for Energy Law (NeVER), the Scandinavian Institute for Maritime Law of the University of Oslo, and the Groningen University. The subjects presented concerned recent developments with regard to the internal (European) energy market, LNG, developments in the North Sea area, supply security and quality in a competitive market, reorganization of the European market for natural gas in the light of the liberalization process and privatization of the energy sector [nl

  16. Convergence of the European law on public notaries

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

  17. Families and the European Union : law, politics and pluralism.

    OpenAIRE

    McGlynn, C.M.S.

    2006-01-01

    In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses...

  18. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

  19. The Treaty of Lisbon and European Environmental Law and Policy

    NARCIS (Netherlands)

    Vedder, H.H.B.

    2010-01-01

    This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy

  20. Report of the European Energy Law seminar 2011

    International Nuclear Information System (INIS)

    Holwerda, J.M.; Mueller, H.K.; Mutsaers, A.

    2011-01-01

    The 24th European Energy Law Seminar was held in Noordwijk aan Zee, Netherlands, 11-12 April 2011. The first day attention was paid to the liberalization of the energy markets, the climate and energy. The second day was dedicated to energy security, the upstream sector and development of energy infrastructure. [nl

  1. Corporate values of the 25 largest European banks : Exploring the ambiguous link with corporate scandals

    NARCIS (Netherlands)

    Ehrenhard, Michel L.; Fiorito, Timo L.

    2018-01-01

    Corporate value statements communicate what a firm aspires for and what drives their value creation. In addition, corporate values often also define which behaviors are acceptable and which are not. Ideally, corporate values are representations of a firm's informal corporate values and

  2. Compulsory Schooling Laws and Migration Across European Countries.

    Science.gov (United States)

    Aparicio Fenoll, Ainhoa; Kuehn, Zoë

    2017-12-01

    Educational attainment is a key factor for understanding why some individuals migrate and others do not. Compulsory schooling laws, which determine an individual's minimum level of education, can potentially affect migration. We test whether and how increasing the length of compulsory schooling influences migration of affected cohorts across European countries, a context where labor mobility is essentially free. We construct a novel database that includes information for 31 European countries on compulsory education reforms passed between 1950 and 1990. Combining this data with information on recent migration flows by cohorts, we find that an additional year of compulsory education reduces the number of individuals from affected cohorts who migrate in a given year by 9 %. Our results rely on the exogeneity of compulsory schooling laws. A variety of empirical tests indicate that European legislators did not pass compulsory education reforms as a reaction to changes in emigration rates or educational attainment.

  3. Interactions between Corporate Governance, Bankruptcy Law and Firms Debt Financing: the Brazilian Case

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

    Full Text Available This paper examines the relationship between corporate governance level and the bankruptcy law for such debt variables as firms’ cost of debt and amount (and variation of debt. Our empirical results are consistent with the model's prediction. First, we find that the better the corporate governance, the lower the cost of debt. Second, we find that better corporate governance arrangements relate to firms with higher amounts of debt. Finally we find that better governance and harsher bankruptcy laws have a positive effect on debt. Moreover, this effect is stronger for firms with worse corporate governance, which indicates that the law works as a substitute for governance practices to protect creditors' interests.

  4. "Spare the Rod and Spoil the Child?" The Law and Corporal Punishment

    Science.gov (United States)

    Russo, Charles J.

    2009-01-01

    The use of corporal punishment may be as old as society itself. However, the development of compulsory attendance laws has raised questions about its legality. Under compulsory attendance laws and subject to exceptions for home schooling and nonpublic schools, parents must send their children to public schools or be subject to sanctions. Conflicts…

  5. On Law and Policy in a European and European Union Patent Court (EEUPC)

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary - the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...

  6. On Law and Policy in a European and European Union Patent Court (EEUPC)

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Schovsbo, Jens Hemmingsen

    2010-01-01

    On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary – the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...

  7. Freedom of contract, mandatory and non-mandatory law in European contract law

    OpenAIRE

    Storme, M.

    2008-01-01

    Abstract: The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the...

  8. The specificity and scope of European Union finance law

    Directory of Open Access Journals (Sweden)

    Marcin Tyniewicki

    2015-06-01

    Full Text Available Basically, Polish science of financial law quite broadly takes the problems concerning public finance of the European Union (EU. However, it should be noticed that the considerations largely refer to the detailed issues within the confines of individual branches of EU financial law, eg. in areas of tax harmonization or single financial market. At the same time there is an insufficiency or even minuteness publications with doctrinal and theoretical nature referring to the general and fundamental issues of financial law of the EU. There may be numbered such issues among others as definitions, scope and internal structure of this law, its legal sources etc. Generally two areas should be object of the basic scientific researches in reference to the issues mentioned above. First one is financial law of the EU and the second one – its influence and effect of this influence on Polish financial law. In this article there will be undertaken considerations referring to the first area aimed at defining the specifity and scope of EU financial law.

  9. European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Jacobs, Max

    2016-07-01

    The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

  10. LEGAL ASPECTS OF CORPORATE SOCIAL RESPONSIBILITY IN UKRAINE ON THE WAY TO EUROPEAN INTEGRATION

    OpenAIRE

    Kolohoida, Oleksandra; Lukach, Iryna; Poiedynok, Valeriia

    2017-01-01

    Summary: Corporate social responsibility is a new form of dialogue between business, society and the state. This article explores the possibilities of legislating for corporate social responsibility in Ukraine in respect of implementing the Association Agreement of 2014 between the European Union and its Member States, of the one part, and Ukraine, of the other part. Different approaches to introducing corporate social responsibility standards are examined. The paper considers not only intern...

  11. Report of the European Energy Law Seminar 2010

    International Nuclear Information System (INIS)

    Beukenkamp, J.F.M.; Webbink, F.J.; Fenijn, A.W.C.; Klapwijk, C.L.

    2010-01-01

    The Annual European Energy Law Seminar was held on 12 and 13 April 2010 at the Grand Hotel Huis ter Duin in Noordwijk, the Netherlands. This article reports on the meeting. The presentations held on the first day addressed various aspects of the Third Energy Package such as the issues of unbundling and third party access, the establishment of a European network of regulators, the collaboration of regulators and the ongoing market integration. Day 2 addressed security of supply and climate protection and the required investments. An overview is also provided of recent developments in the EU competition legislation. [nl

  12. Corporate Governance and the Value of Excess Cash Holdings of Large European Firms

    NARCIS (Netherlands)

    M.B.J. Schauten (Marc); D.J.C. van Dijk (Dick); J-P. van der Waal (Jan-Paul)

    2008-01-01

    textabstractWe examine the relation between the quality of corporate governance and the value of excess cash for large European firms (FTSEurofirst 300 Index). We use Deminor ratings for Shareholder rights, Takeover defences, Disclosure and Board as proxies for the quality of corporate governance.

  13. Conflicts by Convergence and Deep Disagreements in European Constitutional Law

    Directory of Open Access Journals (Sweden)

    Scarcello Orlando

    2017-08-01

    Full Text Available In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” will be introduced as an alternative. A specific focus will be maintained on the impact of different interpretive methodologies: in this way it is possible to underline the structure of “deep” and “superficial” disagreements in the context of European law. In order to illustrate this point, some notes on the recent Taricco saga will be developed. Finally, the relevance for European constitutionalism of deep disagreements on interpretive methodologies will be underlined.

  14. Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-08-01

    Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

  15. Corporate Social Responsibility, social contract, corporate personhood and human rights law: Understanding the emerging responsibilities of modern corporations

    OpenAIRE

    Amao, O

    2008-01-01

    Copyright @ 2008 Olufemi Amao. The social contract theory has been advanced as a theoretical basis for explaining the emerging practice of Corporate Social Responsibility (CSR) by corporations. Since the 17th century the social contract concept has also been used to justify human rights. The concept is the constitutional foundation of many western states starting with England, US and France. Business ethicists and philosophers have tried to construct and analyse the social responsibility o...

  16. THE CRITICAL THINKING OF SOME WESTERN EUROPEAN CORPORATE GOVERNANCE STANDARDS AFTER FINANCIAL CRISIS, CORPORATE SCANDALS AND MANIPULATION

    Directory of Open Access Journals (Sweden)

    Dinh TRAN NGOC HUY

    2013-12-01

    Full Text Available After the recent global crisis, corporate scandals and bankruptcy in US and Europe, there is some certain evidence on weak auditing, risk management, accounting and audit system. This paper chooses a different analytical approach and among its aims is to give some systematic opinions on corporate governance criteria as a benchmark for stock markets. Firstly, it classifies limited Western European representative corporate governance (CG standards into two (2 groups: The Netherlands and Belgium latest CG principles covered in group 1 and, group 2, including corporate governance principles from Italy and Austria, so-called relative good CG group, while it uses OECD and ICGN principles as reference. Secondly, it identifies through analysis the differences and advantages between the above set of standards which are and have been used as reference principles for many relevant organizations. Third, it establishes a selected comparative set of standards for Western European representative corporate governance system in accordance to international standards. Last but not least, this paper covers some ideas and policy suggestions.

  17. THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Valentine Charlotte ENE

    2014-06-01

    Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

  18. Negotiating the hard/soft law divide in business and human rights : The implementation of the UNGPs in the European Union

    NARCIS (Netherlands)

    Augenstein, Daniel

    2018-01-01

    The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations.

  19. European union mission for the rule of law in Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bejtush Gashi

    2011-12-01

    Full Text Available Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

  20. [Animal Health Law-- the National Animal Health Act and the European Animal Health Law].

    Science.gov (United States)

    Bätza, Hans-Joachim; Mettenleiter, Thomas

    2013-01-01

    The Animal Health Act that replaces the Animal Disease Act, which is currently in force, creates a regulatory framework in order to not only, as has been the case so far, control animal diseases that had already broken out, but in order to already prevent in advance possible outbreaks of animal diseases by means of preventive measures. The instruments to this effect are described here. At European level, too, the idea of prevention is set to play a greater role in the future, with the draft EU legal instrument on animal health, that has to date only been discussed at Commission level, also contributing to a simplification and easier implementation by the persons subject to law by harmonising the currently fragmented Community law. It remains to be seen when the deliberations in the Council and European Parliament will begin.

  1. Mandatory Corporate Social and Environmental Responsibilities in the New Indonesian Limited Liability Law

    Directory of Open Access Journals (Sweden)

    Yu Un Oppusunggu

    2011-01-01

    Full Text Available On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER. The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.

  2. Learning and Learning-to-Learn by Doing: Simulating Corporate Practice in Law School.

    Science.gov (United States)

    Okamoto, Karl S.

    1995-01-01

    A law school course in advanced corporate legal practice is described. The course, a series of simulated lawyering tasks centered on a hypothetical leveraged buyout transaction, is designed to go beyond basic legal analysis to develop professional expertise in legal problem solving. The course description includes goals, syllabus design,…

  3. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR) In The Environmental Law Enforcement

    OpenAIRE

    Irwansyah; Gianto; Andi Syahwia

    2016-01-01

    Development in Indonesia refers to the concept of sustainable development (sustainable development ) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility ) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . T...

  4. Corporate disruption : The law and design of organizations in the 21st century

    NARCIS (Netherlands)

    Vermeulen, Erik; Mc Cahery, Joseph; Fenwick, Mark; Callison, James

    2016-01-01

    This paper explores the issue of “re-making” corporate law through the prism of the United Nations’ recent efforts at reducing legal obstacles experienced by micro, small and medium-sized enterprises in starting and scaling a business. In order to be successful, we recommend that the UN should go

  5. Willingness to Comply with Corporate Law: An Interdisciplinary Teaching Method in Higher Education

    Directory of Open Access Journals (Sweden)

    Rafael Robina Ramirez

    2018-06-01

    Full Text Available Using an innovation training project, an interdisciplinary cross-sectional teaching strategy was developed to enhance students’ willingness to comply with the law. Thirty-five business, finance and accounting teachers examined the effects of ethical education on 484 university students’ willingness to comply with corporate law. Ethical education was based on building students’ ethical decisions on three court judgments in the new Spanish Corporate Governance Code. The ethical training was carried out by developing and applying social justice counter arguments. This perspective allowed students to imagine what decisions other person could have taken if they had managed the company ethically. The results suggest that ethics education in higher education can improve the willingness to comply the law. This methodology can be applied to interdisciplinary departments teaching ethics in business, finance and accounting.

  6. Changing International ‘Subjectivity’ and Rights and Obligations under International Law – Status of Corporations

    Directory of Open Access Journals (Sweden)

    Merja Pentikäinen

    2012-01-01

    Full Text Available Globalisation, liberation of trade supported by institutions such as the WTO, the unprecedented internationalisation of companies' activities in the global market, the creation of even larger company entities (including multinational corporations and the ensuing growth of business power have radically restructured the equilibrium of companies' relations with state and society. In the contemporary world many companies are de facto stronger and more influential actors than states, and their activities have concrete effects on political, cultural and societal aspects in the countries where they operate or to which they have other business links. These developments have created new kinds of challenges, e.g. for the protection of human rights which may be undermined by business activities. In this situation corporations are increasingly expected to pay due regard to avoiding activities contributing to human rights violations. The doctrine of subjects of international law (international 'subjectivity' considers states as the primary subjects, in addition to which also some other actors have been granted the status as a subject, including even corporations. This article sheds light on the shifts that have taken place in the doctrine of international 'subjectivity' and the paradigm of rights and obligations under international law linked to this 'subjectivity'. Particular attention is paid to the position of corporations, and the exploration is conducted through the prism of the development of rights and obligations in the area of international human rights law.

  7. A Case against the Legal Rules on Conflicted Interested Transactions in Colombian Corporate Law

    Directory of Open Access Journals (Sweden)

    Juan Antonio Gaviria

    2017-07-01

    Full Text Available This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or controlling shareholders. Second, such authorization lacks any legal effect whenever the transaction is detrimental to the company. Third, all transactions entered into without such approval are voidable. Fourth, there are no exceptions regarding transactions among companies belonging to the same entrepreneurial group.

  8. How to reconcile environmental and economic performance to improve corporate sustainability: corporate environmental strategies in the European paper industry.

    Science.gov (United States)

    Wagner, Marcus

    2005-07-01

    This paper discusses the relationship between environmental and economic performance and the influence of corporate strategies with regard to sustainability and the environment. After formulating a theoretical model, results are reported from an empirical analysis of the European paper manufacturing industry. New data are used to test hypotheses derived from the theoretical model, using environmental performance indices representing different corporate environmental strategy orientations. In particular, an emissions-based index largely reflecting end-of-pipe strategies and an inputs-based index reflecting integrated pollution prevention are distinguished. For the emissions-based index, a predominantly negative relationship between environmental and economic performance is found, whereas for the inputs-based index no significant link is found. This is consistent with the theoretical model, which predicts the possibility of different relationships. The results also show that for firms with pollution prevention-oriented corporate environmental strategies, the relationship between environmental and economic performance is more positive, thus making improvements in corporate sustainability more likely. Based on this last insight, managerial implications of this are discussed with regard to strategy choices, investment decisions and operations management.

  9. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  10. Liberalisation and Corporate Strategic Behaviours: A Taxonomy of the European Electric Firms

    OpenAIRE

    Schiavone Francesco; Quintano Michele

    2012-01-01

    Liberalisation in the European electricity market greatly increased the number of corporate mergers and acquisitions. This article proposes a taxonomy of the strategic behaviours of European electricity firms after the recent continental industry liberalisation. We analysed the operations of mergers and acquisitions of these companies. The «five competitive forces» model by Michael Porter was used in order to develop the taxonomy. Our analysis outlines three main strategic types: "omnivorou"s...

  11. Do Large Companies Have Lower Effective Corporate Tax Rates? A European Survey

    OpenAIRE

    Gaëtan Nicodème

    2007-01-01

    The current debate in corporate taxation is focusing on leveling the tax playing field within the European Union for companies operating across-countries. However, tax burdens could also vary with the size of companies within the same country, raising the question whether large companies pay their share of the burden. This paper uses firm-level data for 21 European countries between 1992 and 2004. The paper finds a robust negative correlation between the number of employees and the effective ...

  12. European impact on contract law
    A perspective on the interlinked contributions of legal scholars, legislators and courts to the Europeanization of contract law

    Directory of Open Access Journals (Sweden)

    Anne L.M. Keirse

    2011-01-01

    Full Text Available National law is increasingly influenced by European developments in a process characterized by the term 'Europeanization'. This contribution illustrates the magnitude by which this process of Europeanization continues to shape national contract law in the Member States. In particular, the focus is placed on the dynamic and interwoven interaction of legal scholars, legislators and the courts, on both a national and European level and hence they collectively form the driving force behind the process of Europeanization. The author demonstrates that employing a solely national approach is no longer a sustainable preference in the emerging European legal landscape. For this reason, the author calls for all stakeholders to partake in further debate concerning the future of contract law in the Member States.

  13. European law. Handbook for the German legal practice. 2. ed.; Europarecht. Handbuch fuer die deutsche Rechtspraxis

    Energy Technology Data Exchange (ETDEWEB)

    Schulze, Reiner; Zuleeg, Manfred; Kadelbach, Stefan (eds.)

    2010-07-01

    Soon after the first appearance of the Handbook of European Law, a second edition has become necessary. The first edition has been very reviewed and widely used in legal practice. A few months ago, the Lisbon treaty has led to far-reaching changes in the European law. The second edition of the Handbook of European Law takes the information needs into account as quickly as possible, clearly and in detail.

  14. The Abyss of Complexity. Some Remarks on European and German Law in the Migration Crisis

    OpenAIRE

    Sölter, Nicolas

    2016-01-01

    This article focusses on dysfunctions of European and German law in the face of mass migration. In particular, it reflects the German debate on the relation of domestic constitutional provisions and EU asylum law.

  15. National identity and law in the context of European integration

    DEFF Research Database (Denmark)

    Kjær, Anne Lise; Palsbro, Lene

    2008-01-01

    Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings by the pr......Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings...... by the professional elite of lawyers, who readily resort to ideological topoi of national identity and culture to support legal argument. Reporting from a comprehensive study on Danish academic and public debate on European human rights law, this article explores how the legal community of Denmark reacts emotionally...

  16. The European Union Rule of Law Mission in Kosovo

    DEFF Research Database (Denmark)

    Zupancic, Rok; Pejič, Nina; Grilj, Blaž

    2017-01-01

    different types and levels of effectiveness, considering both means applied and ends achieved. In so doing, the article contributes to the general literature on operational conflict prevention and on the specific case of Kosovo. The empirical analysis is based on fieldwork and semi-structured interviews......This article appraises effectiveness in operational conflict prevention. By focusing on the European Union Rule of Law Mission (EULEX) in Kosovo, it assesses the most extensive civilian Common Security and Defence Policy mission so far. Contrary to prevailing assessments, it posits that EULEX......, despite its challenges and deficiencies, presents positive contributions to operational conflict prevention, and peace-building. This is uncovered through structured focused analysis according to effectiveness criteria and success indicators that allow for identification of and distinction between...

  17. Draft Common Frame of Reference. Principles, Definitions and Model Rules of European Private Law

    OpenAIRE

    AA.VV; IUDICA G.

    2009-01-01

    European private law in principles, definitions and model rules. The volumes contain the results of the work of the Study Group on a European Civil Code (the “Study Group”) and the Research Group on Existing EC Private Law (the “Acquis Group”). The former Commission on European Contract Law (the “Lando Commission”) provided the basis for much of Books II and III; it was on their Principles of European Contract Law (PECL)1 that the Study Group and the Acquis Group built. The Acquis Group ...

  18. European Union's Policy on Corporate Social Responsibility and Opportunities for the Maritime Industry

    DEFF Research Database (Denmark)

    Skovgaard, Jan

    2014-01-01

    The European Commission encourages EU member states to promote corporate social responsibility (CSR) among national industries. Several EU member states have responded by legislation on CSR reporting and CSR action plans and strategies. This paper discusses the profitability of CSR and addresses...

  19. Corporation taxes in the European Union: Slowly moving toward comprehensive business income taxation?

    NARCIS (Netherlands)

    S. Cnossen (Sijbren)

    2017-01-01

    textabstractThis paper surveys and evaluates the corporation tax systems of the Member States of the European Union on the basis of a comprehensive taxonomy of actual and potential regimes, which have as their base either profits; profits, interest and royalties; or economic rents. The current

  20. Information technology law and health systems in the European Union.

    Science.gov (United States)

    Mossialos, Elias; Thomson, Sarah; Ter Linden, Annemarie

    2004-01-01

    This study aims to examine the impact of European Union (EU) law relating to information technology (IT) on health systems. The study identifies EU directives relating to IT, analyzes them in terms of their impact on the use of IT in health systems, and outlines their implications for health technology assessment (HTA). Analysis is based on a review of literature identified through relevant databases and Internet searches. Developments in IT have serious implications for EU health systems, presenting policy makers with new challenges. The European Commission has adopted a range of legal measures to protect consumers in the "information society" However, as few of them are health-specific, it is not evident that they have implications for health, health systems, or HTA, and they may not be effective in protecting consumers in the health sector. In light of the growing importance of IT in the health sector, legal and nonlegal measures need to be further developed at EU and international level. Where possible, future initiatives should pay attention to the particular characteristics of health goods and services and health systems. Although definitions of HTA usually recognize the importance of evaluating both the indirect, unintended consequences of health technologies and the legal aspects of their application, it seems that, in practice, HTA often overlooks or underestimates legislative matters. Those involved in HTA should be aware of the legal implications of using IT to provide health goods and services and compile, store, transfer, and disseminate health information electronically.

  1. Public radiotelevision Corporations in European Union and the emerging use of Web 2.0 to communicate CSR

    OpenAIRE

    Tania FERNÁNDEZ LOMBAO FERNÁNDEZ LOMBAO

    2014-01-01

    Corporate Social Responsibility is a concept that defines the model of corporate governance based on responsible, horizontal and interactive accountability as opposed to closed and rail control systems. This type of management has been associated, at an initial moment, with private enterprise in the context of globalization, although gradually being implemented in the public, and consequently in the state-owned broadcasting corporations of the European Union. The three first corporations who ...

  2. The role of employee share ownership for corporate governance\\ud in the aftermath of the financial crisis – a closer look at the\\ud Central Eastern European EU Member States

    OpenAIRE

    Lowitzsch, Jens; Hashi, Iraj; HASHANI, Alban

    2016-01-01

    Following a 2010 initiative opinion by the European Economic and Social\\ud Committee and a 2012 study on employee financial participation (EFP)\\ud commissioned by the European Parliament, in December 2012 the European\\ud Commission included the promotion of employee share ownership\\ud (ESO) in its Action Plan to reform European company law and corporate\\ud governance (European Commission, COM/2012/0740). This marks an extension\\ud in the perception of the issue of EFP in general and ESO in pa...

  3. Contractual liability: In European, comparative and Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2011-01-01

    Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

  4. Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

    OpenAIRE

    Derlén, Mattias; Lindholm, Johan

    2015-01-01

    The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

  5. Regulating Corporate Governance in the EU

    DEFF Research Database (Denmark)

    Horn, Laura

    In the context of the financial and economic crisis, corporate governance and regulatory supervision failures are at the centre of public debates. Who controls the modern corporation, and why, has become one of the defining social power relations in contemporary capitalism. Regulation Corporate...... transformation of company law and corporate governance regulation. Her findings about the marketization of corporate control are at the core to a better understanding of the broader context of capitalist restructuring in the European Union....

  6. The Implementation of Corporate Sustainability in the European Automotive Industry: An Analysis of Sustainability Reports

    Directory of Open Access Journals (Sweden)

    Martina Sukitsch

    2015-08-01

    Full Text Available The acceptance of corporate sustainability implementation and sustainability reporting has continued to grow steadily in recent years. This is particularly true for companies in the automotive industry. Increasing regulatory demands, for example, with respect to CO2 emissions, are one clear reason for this. In this paper the sustainability reports of 14 manufacturers in the European automotive industry are analyzed with respect to issues of corporate sustainability implementation. This entails content analysis of sustainability reports from 2012, and of their earliest available equivalents. The analysis of corporate sustainability implementation in the selected companies is provided with the purpose to help understand how manufacturers in the European automotive industry implement corporate sustainability. Results confirm the importance of specific policy instruments in implementation, such as the use of environmental management systems and standards, and of related changes in organizational structures. The latter include suitable adaptation of corporate strategy, philosophy, objectives, measures, and activities, as well as the need to integrate stakeholders in the adjustment process. The analysis shows that while companies are well-aware of the significance of sustainability for their industry, some tend to be leaders, and others laggards, as far as implementation is concerned.

  7. An Eclectic Approach to Loyalty-Promoting Instruments in Corporate Law: Revisiting Hirschman's Model of Exit, Voice, and Loyalty

    NARCIS (Netherlands)

    A.A. Bootsma (Bart)

    2013-01-01

    markdownabstract__Abstract__ This essay analyses the shareholder role in corporate governance in terms of Albert Hirschman's Exit, Voice, and Loyalty. The term 'exit' is embedded in a law & economics framework, while 'voice' relates to a corporate constitutional framework. The essay takes an

  8. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?

    NARCIS (Netherlands)

    Burri, S.D.

    2013-01-01

    The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now

  9. Abortion in the light of case-law of the European Court of Human Rights

    OpenAIRE

    Koubková, Iveta

    2012-01-01

    Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

  10. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR In The Environmental Law Enforcement

    Directory of Open Access Journals (Sweden)

    Irwansyah

    2016-09-01

    Full Text Available Development in Indonesia refers to the concept of sustainable development (sustainable development and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.

  11. The French electricity policy facing European integration and environmental law

    International Nuclear Information System (INIS)

    Begue, M.C.

    2004-02-01

    The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

  12. International and European regulations in the energy law: selected issues

    International Nuclear Information System (INIS)

    Schwarz, F.

    2010-01-01

    This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de

  13. European Dimension of Legal Education. A comparative study of the Romanian Law Curricula and EU Law Syllabus

    Directory of Open Access Journals (Sweden)

    Brinduşa Camelia Gorea

    2012-05-01

    Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.

  14. The protection of environmental interests through corporate governance: A South African company law perspective.

    Directory of Open Access Journals (Sweden)

    Anthony O Nwafor

    2015-07-01

    Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

  15. Generational Differences in the Perception of Corporate Culture in European Transport Enterprises

    Directory of Open Access Journals (Sweden)

    Rudolf Kampf

    2017-09-01

    Full Text Available The workforce of an enterprise consists of employees of various ages with different personality types. Members of each generation differ not only in their behaviour, but also in their attitudes and opinions. A manager should identify generational differences. Subsequently, the management style, leadership and employee motivation should be adapted forasmuch as well-motivated employees are able to affect the efficiency of enterprise processes in right way. The objective of the paper is to identify differences in perception of the preferred level of corporate culture in terms of various generations. Preferred level of corporate culture in six areas is evaluated using a questionnaire consisting of 24 questions. Sixty-four European transport enterprises are engaged in the survey. Following the outcomes, we find that all generations of respondents working in the European transport enterprises prefer clan corporate culture in the course of five years. This culture puts emphasis on employees, customers and traditions. Loyalty and teamwork are considered to be the essential tools for business success. Following the statistical verification using the ANOVA test, we can state that the hypothesis regarding the existence of generational differences in the perception of corporate culture was not confirmed.

  16. Possible ways of corporate tax base harmonization in the European Union

    Directory of Open Access Journals (Sweden)

    Danuše Nerudová

    2008-01-01

    Full Text Available The possible ways of corporate tax base harmonization in the European Union are presented in the paper. Present situation when there are 27 different taxation systems used in the EU increases compliance costs of taxation to the companies and therefore decreases their competitiveness. It was proved, that there is negative correlation between the size of the company and the size of the compliance costs of taxation. Based on that, the European Commission has decided for twin-track strategy – to introduce home state taxation in the short term and common consolidated corporate tax base in the long term. In respect to the fact, that the pilot project in the frame of home state taxation system has not started yet, the attention has been turned to the common consolidated corporate tax base. The paper discusses the possible attitudes and methods of consolidated tax base allocation. Based on mentioned arguments the formulary apportionment with factors which generate the taxable income of the group (assets, payroll, turnover, etc. seems to be the best solution. Factors and their weight should become the subject of further discussion in the European Union. The aim of the paper is to present the possible harmonization models and further to discuss the methods which could be used for allocation of the consolidated tax base under CCCTB.

  17. The collision of healthcare and corporate law in a hospital closure case.

    Science.gov (United States)

    Himes, S M

    2001-01-01

    This Article analyzes potential conflicts that arise from both the judicial and administrative approval processes that govern the closure of charitable hospitals through a sale of all or substantially all of their assets. Examining the recent closure attempt by the Manhattan Eye, Ear & Throat Hospital as an example, the Article highlights the various public health and corporate law issues that are raised when a not-for-profit hospital seeks closure. The Article thoroughly discusses both the statutorily and judicially required approval schemes applicable to the closure of charitable hospitals. The Article also suggests ways in which these conflicts might be avoided or remedied, as well as gives advice regarding hospital board decisionmaking.

  18. The Analysis of Corporate Tax and Personal Income Tax in European Countries

    Directory of Open Access Journals (Sweden)

    Telnova Hanna V.

    2017-06-01

    Full Text Available The aim of the article is to reveal the relationship between the rates of corporate tax and personal income tax and the pace of economic development. The existence of the open financial market under conditions of globalization leaves its imprint on forming the vectors of development of the tax systems in the countries. Thus, the optimal corporate taxation creates a competitive and investment-attractive climate, facilitates encouraging foreign investments and locating economic activities. The study made it possible to establish the absence of a direct link between the tax rates and economic growth. At the same time, a linear relationship between the tax rates and the tax burden is revealed. On the basis of the presented mathematical expression, it can be concluded that an increase in the personal income tax causes an increase in the tax burden, and an increase in the corporate tax — its reduction. The cluster analysis of the corporate tax and the personal income tax in European countries allowed to justify the determinants of successful economic development presenting the formation of the vector of the tax policy in the aspect of moderate taxation of individuals and the need for low taxation of corporate profits.

  19. EuGH: Innocuousness of the nuclear fuel tax according to the European community law

    International Nuclear Information System (INIS)

    Anon.

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

  20. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

  1. Corporate Mobility in the European Union - a Flash in the Pan?

    DEFF Research Database (Denmark)

    Ringe, Georg

    This paper discusses new data on regulatory competition in European company law and the impact of national law reforms, using the example of English company law forms being used by German start-ups. Since 1999, entrepreneurs in the EU have been allowed to select foreign legal forms to govern...... their affairs. The data show that English limited companies were very popular with German entrepreneurs in the first few years of the last decade but have experienced a sharp decline since early 2006. This decline casts doubt over the claim that the German company law reform from November 2008 ‘successfully...... fought off’ the use of foreign company forms. Moreover, by contrasting the German data with the corresponding developments in Austria, the paper further demonstrates that the latter jurisdiction is also seeing a similar decline, and without having reformed its company law. Instead of exclusively seeing...

  2. Corporate Mobility in the European Union - a Flash in the Pan?

    DEFF Research Database (Denmark)

    Ringe, Georg

    2013-01-01

    This paper discusses new data on regulatory competition in European company law and the impact of national law reforms, using the example of English company law forms being used by German start-ups. Since 1999, entrepreneurs in the EU have been allowed to select foreign legal forms to govern...... their affairs. The data show that English limited companies were very popular with German entrepreneurs in the first few years of the last decade but have experienced a sharp decline since early 2006. This decline casts doubt over the claim that the German company law reform from November 2008 ‘successfully...... fought off’ the use of foreign company forms. Moreover, by contrasting the German data with the corresponding developments in Austria, the paper further demonstrates that the latter jurisdiction is also seeing a similar decline, and without having reformed its company law. Instead of exclusively seeing...

  3. What will be the effect of European Internal Market on interpretation of German nuclear law?

    International Nuclear Information System (INIS)

    Schattke, H.

    1991-01-01

    A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de

  4. EUROPEAN LABOUR PRODUCTIVITY AND CORPORATE E-LEARNING ACTIVITIES: AN EMPIRICAL ANALYSIS

    Directory of Open Access Journals (Sweden)

    Muratore Fabrizio

    2010-07-01

    Full Text Available The purpose of this analysis is to test the hypothesis which growth in workers’ competency level is affected by educational, training and workplace features. We focused above all on the corporate e-learning activities and labour productivity, in order to identify differences between European countries. Our findings showed some statistical significances related to six variables concerning a macro view of knowledge and innovation in the workplace, whereby we highlighted the comparison of mutual positions of European countries on the basis of a potential component of investments in human capital which is e-learning. According to statistical significativity we specifically noted that most Northern European countries have a comparative advantage in terms of labour productivity and direct investments than those in the south.

  5. A Story of Law and Incentives: A Comparative Legal Understanding of Corporate Risk and Incentives in Relation to Human Rights Liability

    OpenAIRE

    Kaeb, Caroline

    2012-01-01

    This work examines the concept of Corporate Social Responsibility (CSR), particularly corporate human rights responsibility, by telling a “story of law and incentives” in way that fosters a comparative legal understanding of corporate risks and motivational drivers. The 2008 financial crisis has shown that trustworthiness on the part of corporations is indispensable for the sustainable well-being of society and corporate success alike. This reality mandates assessing the current legal and eco...

  6. Integrating health law and health policy: a European perspective

    NARCIS (Netherlands)

    Legemaate, Johan

    2002-01-01

    Health law is intended to create an environment in which the promotion of health goes hand in hand with the protection of individual rights and the general principles of equality and justice. Over the years, the importance of health law has grown, both at national and international level. As health

  7. THE ROLE OF SOCIAL RESPONSIBILITY STRATEGIES EMPLOYED BY EUROPEAN AUTOMOTIVE CORPORATIONS IN DEVELOPING SUSTAINABLE BUSINESSES

    Directory of Open Access Journals (Sweden)

    Cristina Gănescu

    2013-01-01

    Full Text Available Corporate social responsibility strategies are a topic of great interest for both researchers and practitioners, and require the development of interdisciplinary approaches: economic, ethical and social. The paper analyses the social responsibility strategies employed by European automotive businesses and highlights their impact on business sustainability. From a theoretical perspective, applying the content analysis method on sustainability or social responsibility reports revealed a variety of social responsibility strategies. The utility of the research is supported by formulating a typology of social responsibility strategies, based on objectives of sustainable development and by establishing arguments concerning the impact of these strategies on automotive businesses’ sustainability in the following areas: social and societal, ecological and environmental, distribution chains and suppliers, corporate image, position in relation to competitors and financial performance.

  8. The impact of European Union law on the possibilities of European Union Member States to adapt international tax rules to the business models of multinational enterprises

    NARCIS (Netherlands)

    Douma, S.; Kardachaki, A.

    2016-01-01

    European Union (EU) law has played a key role in enforcing the EU BEPS agenda, while also introducing limits to the application thereof. The European Commission (EC) sees a clear link between aggressive tax planning and competition law. Against this background, EU State aid law has been employed to

  9. THE EVOLUTION OF CORPORATE SOCIAL RESPONSIBILITY REPORTING IN THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    ANDREESCU Nicoleta Alina

    2016-05-01

    Full Text Available Modern society is confronting with problems such as global warming, pollution, contamination of the soil. As a response to these problems, organizations are implementing corporate social responsibility programs, as a way of dealing with these new challenges. CSR reporting began in the 90’s in the USA, but in the last twenty years, EU companies have shown an increasing involvement to a point in which today European CSR reports ammount to 38% of the total reports worldwide. The Global Reporting Initiative is a nongovernmental organism that provides companies which wish to create CSR reports, a set of guidelines and databases what contain CSR reports from 1999 to the present day. As an answer to the need of companies to report their CSR activities, in November 2014, the European Union published Directive 2014/95/EU regarding the obligation of large companies to anually report a series of nonfinancial aspects and information. A priority of the European Comission is to align the CSR reporting method of the member states to the global methods. The comission has evaluated in 2013 the progress of member states and reached the conclusion that member states have chosen different pahts: some have taken only small impact decisions – such as informative and promotional actions for CSR – while other states have taken legislative measures to support corporate social responsibility.

  10. The importance of social dialogue in the process of consolidation of domestic law with the European Union law

    Directory of Open Access Journals (Sweden)

    Mirjanić Željko

    2014-01-01

    Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law

  11. European social model and the harmonization of Macedonian labour legislation with the European Union community labour law

    Directory of Open Access Journals (Sweden)

    Kalamatiev Todor

    2014-01-01

    Full Text Available The European integration process accompanied by the harmonization of the EU member states' legislation will inevitably lead to the establishment of a European social model which has a 'sui generis' legal nature. European social model forms a part of the common legal heritage of the European countries and it can be defined as a system of values that include democracy and individual rights, free collective bargaining, market economy, equal opportunities for all, and social protection and solidarity. Subject of analysis in this paper are both, the essential components of the European social model such as: the social 'acquis communautaire' and the European industrial relations. The social 'acquis communautaire' is an integral part of the general 'acquis communautaire' and it encompasses the regulations arising from the primary and secondary labour law legislation of the EU, decisions of the European Court of Justice and other legal measures of the European Union with a binding or non-binding legal nature. European industrial relations encompass the key features of the European trade union models as well as the types of social dialogue in different EU member states. This paper pays attention to a profound elaboration of the harmonization of two EU labour law directives with the Macedonian employment legislation. The first Directive (Directive 91/533/EEC of 14 October 1991 on an employers' obligation to inform employees of the conditions applicable to the contract or employment relationship may be classified in the field of individual employment relations, while the second one (Directive 2002/14/EC of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community can be subsumed within the field of collective employment relations. Finally, the authors illustrate the advantages and disadvantages of the Macedonian labour legislation in the process of harmonization with the relevant EU directives

  12. Contents and effects of contracts - Lessons to learn from the Common European Sales Law

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia

    2016-01-01

    This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the

  13. Principles of European Law on Service Contracts: background, genesis, and drafting method

    NARCIS (Netherlands)

    Jansen, C.E.C.; Zimmermann, R.

    2010-01-01

    The Principles of European Law on Service Contracts (PEL SC) were drafted between 1999 and 2006 by the Tilburg Team of the Study Group on a European Civil Code (SGECC). A slightly modified version of the PEL SC has recently been implemented in Book IV.C of the Draft Common Frame of Reference (DCFR).

  14. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

    After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

  15. European contract law and the capabilities approach: on distributive responsibility for contract law

    NARCIS (Netherlands)

    Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.

    2012-01-01

    This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.

  16. Modernização do direito societário: perspectiva transatlântica The modernization of corporate law: a transatlantic perspective

    Directory of Open Access Journals (Sweden)

    Klaus J. Hopt

    2008-06-01

    Full Text Available Este texto reproduz a palestra proferida pelo prof. Dr. Klaus hopt na direito gv em 17 de setembro de 2007. O autor aborda temas importantes do direito societário de uma perspectiva transatlântica, isto é, com o olhar para as influências recíprocas existentes entre o direito norteamericano e o europeu. Discorre sobre disclosure e transparência, analisa os diferentes problemas de agência na relação societária (acionista versus administradores, minoritários versus majoritários, e acionistas versus outros interessados na empresa; opina sobre a figura dos administradores independentes, sobre o difícil tema das operações entre partes relacionadas e conflito de interesses. Por fim, passa pelas regras de mercado, soft law societária, responsabilidade criminal e civil dos administradores e enforcement público e privado.This text reproduces prof. Dr. Klaus hopt´s lecture at direito gv on september 17, 2007. The author writes about important subjects related to company law from a transatlantic perspective, it means, considering the reciprocal influences between american and european law. He analyses the following themes: diclosure and transparency, different agency problems on corporate relations (shareholders versus managers, minority versus majority, and shareholders versus other constituencies, independent directors, related party transactions, conflict of interest, market law, soft company law, criminal and civil liability of directors and, finally, public and private enforcement.

  17. The law for the Power Reactor and Nuclear Fule Development Corporation

    International Nuclear Information System (INIS)

    1977-01-01

    The Corporation is designated to engage in the independent development of fast breeder and advanced thermal reactors, the production, reprocessing and holding of nuclear fuel materials, and the exploration, mining and ore dressing of nuclear source materials to promoting the development and utilization of atomic energy. These activities are based on the Atomic Energy Basic Law, and limited to the peaceful uses. The basic concepts of a fast breeder reactor and an advanced thermal reactor are defined. A chapter is dedicated to the number, constitution, duties, competence, appointment and dismissal of the officers. The score of business is specified, beginning from the development and research of the reactors and ending with the import, export, purchase and selling of nuclear fuel materials and nuclear source materials. (Okada, K.)

  18. Hierarchical rank and women's organizational mobility: glass ceilings in corporate law firms.

    Science.gov (United States)

    Gorman, Elizabeth H; Kmec, Julie A

    2009-03-01

    This article revives the debate over whether women's upward mobility prospects decline as they climb organizational hierarchies. Although this proposition is a core element of the "glass ceiling" metaphor, it has failed to gain strong support in previous research. The article establishes a firm theoretical foundation for expecting an increasing female disadvantage, with an eye toward defining the scope conditions and extending the model to upper-level external hires. The approach is illustrated in an empirical setting that meets the proposed scope conditions: corporate law firms in the United States. Results confirm that in this setting, the female mobility disadvantage is greater at higher organizational levels in the case of internal promotions, but not in the case of external hires.

  19. Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

    Directory of Open Access Journals (Sweden)

    Aranđelović Jovan T.

    2003-01-01

    Full Text Available The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

  20. Share capital in stock corporations under Polish law. Nature – functions – perspectives

    Directory of Open Access Journals (Sweden)

    Zdzisław Gordon

    2010-12-01

    Full Text Available Share capital of stock corporations is a monetary value whose equivalent shareholders are obliged to contribute to a company, and which cannot be paid back by a company to shareholders throughout its duration. Share capital exercises three functions: legal, economic and security-enforcing. From a traditional perspective the security (guarantee function is the most important and it entails that share capital constitutes a guarantee of protecting a company’s creditors. In the literature, however, the ability of share capital to perform this function has been more and more often undermined and consequently proposals are put forward to resign from the construction of share capital. The decision to reform share capital of a limited liability company in Polish law, too, seems already to have been decided upon. It is, however, unacceptable to completely resign from the protection of creditors’ interests since the law must provide protection for weaker participants of trading such as small entrepreneurs in relation to stock companies. A serious alternative to share capital, however, seems to be the protection of creditors through the so-called solvency test, which subjects the payments for the benefit of shareholders to the condition that a company’s assets at least balance its liabilities after such a payment. The protection of creditors based on the solvency test is not, however, free from faults. If the construction of share capital was to be resigned from and the solvency test was to be adopted to serve the function of a means of protecting creditors, it seems necessary to develop a characteristic buffer which would prevent using the construction of a limited liability company in high risk ventures and shifting a considerable amount of this risk on to the company’s business partners, not to mention defending against making use of it for common fraud. The role of such a buffer might be played by an obligatory reserve capital based on the

  1. Monitoring the informational efficiency of European corporate bond markets with dynamical permutation min-entropy

    Science.gov (United States)

    Zunino, Luciano; Bariviera, Aurelio F.; Guercio, M. Belén; Martinez, Lisana B.; Rosso, Osvaldo A.

    2016-08-01

    In this paper the permutation min-entropy has been implemented to unveil the presence of temporal structures in the daily values of European corporate bond indices from April 2001 to August 2015. More precisely, the informational efficiency evolution of the prices of fifteen sectorial indices has been carefully studied by estimating this information-theory-derived symbolic tool over a sliding time window. Such a dynamical analysis makes possible to obtain relevant conclusions about the effect that the 2008 credit crisis has had on the different European corporate bond sectors. It is found that the informational efficiency of some sectors, namely banks, financial services, insurance, and basic resources, has been strongly reduced due to the financial crisis whereas another set of sectors, integrated by chemicals, automobiles, media, energy, construction, industrial goods & services, technology, and telecommunications has only suffered a transitory loss of efficiency. Last but not least, the food & beverage, healthcare, and utilities sectors show a behavior close to a random walk practically along all the period of analysis, confirming a remarkable immunity against the 2008 financial crisis.

  2. Harmonisation of European Insolvency Law and the need to tackle two common problems: common pool and anticommons

    NARCIS (Netherlands)

    de Weijs, R.J.

    2012-01-01

    Insolvency law has finally become a field of law for which harmonisation at a European level is considered both important and feasible. In deciding upon the content of such harmonised rules, there will need to be a common understanding about the goals of insolvency law and, therefore, a European

  3. The principle of proportionality and European contract law

    NARCIS (Netherlands)

    Cauffman, C.; Rutgers, J.; Sirena, P.

    2015-01-01

    The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an

  4. Digital consumers and the law: towards a cohesive European framework

    NARCIS (Netherlands)

    Helberger, N.; Guibault, L.; Loos, M.; Mak, C.; Pessers, L.; van der Sloot, B.

    2013-01-01

    This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to

  5. Digital consumers and the law: towards a cohesive European framework

    NARCIS (Netherlands)

    Helberger, N.; Guibault, L.; Loos, M.; Mak, C.; Pessers, L.; van der Sloot, B.

    2012-01-01

    This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to

  6. Private law and the European constitutionalisation of values

    NARCIS (Netherlands)

    Hesselink, M.W.

    2016-01-01

    According to the CFREU, the EU is founded on the general values such as values of human dignity, freedom, equality and solidarity. In addition, the TEU refers to a more political set of foundational values, ie respect for human dignity, freedom, democracy, equality, the rule of law and respect for

  7. Inherent risk and organisational design in European tort law

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2009-01-01

    textabstractThis paper is devoted to a complex set of issues relating to the functions of tort law in distinguishing acceptable and unacceptable risks. Often, such risks are brought about by deliberate organisational design choice. On many occasions, legislators and courts are called upon to assess

  8. Quality Health Care in the European Union Thanks to Competition Law

    Science.gov (United States)

    Fornaciari, Diego

    2010-01-01

    There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice. PMID:20195428

  9. Quality health care in the European Union thanks to competition law.

    Science.gov (United States)

    Fornaciari, Diego

    2010-01-01

    There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice.

  10. The Impact of the Charter of Fundamental Rights of the European Union on VAT Law

    DEFF Research Database (Denmark)

    Elgaard, Karina Kim Egholm

    2016-01-01

    The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic...... discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special...

  11. Report of the European Energy Law Seminar 2002

    International Nuclear Information System (INIS)

    Brinkman, I.

    2002-01-01

    An overview is given of the most important lectures that were held at the title symposium in Noordwijk, Netherlands, 23-24 September 2002. 18 presentations were attended by circa 120 participants from European countries. The subjects were public services, emission trade and green certificates. security of supply, interconnectors, and restructuring of natural gas markets in Europe [nl

  12. The Suggestion of Some Comparative European Group Corporate Governance Standards after Financial Crisis, Corporate Scandals and Manipulation

    OpenAIRE

    Dinh Tran Ngoc, Huy

    2016-01-01

    In past few years, corporate scandals and bankruptcy in US and Europe and other parts of the world show some certain evidence on weak corporate governance, weak internal control system and weak audit. Though there are a few researches which have been done in the field of international corporate governance standards, we believe that this field with more rooms to explore. Therefore, this paper chooses a different analytical approach and among its aims is to give some systematic opinions. Fir...

  13. Translational reprocessing of spent fuel elements in the light of European Community law

    International Nuclear Information System (INIS)

    Scheuing, D.H.

    1991-01-01

    Objections are being raised against the current reprocessing of fuel elements from German nuclear power plants in France and Great Britain on the grounds that, measured by German protection requirements, it cannot be regarded as 'inncuous utilization' of radioactive waste material; this brings a momentous intervention of the German authorities against the operators of German nuclear power plants into consideration. Yet would not such a 'national solo attempt' conflict with European Community law?. This question is illuminated in its different aspects. First the issue is examined from the point of view of radiation protection law under the Euratom Treaty and of the aim of the EC to establish the single market. Subsequent focal points are an inquiry into compatibility with the freedom of merchandise traffic and commercial services as provided by European Community law. The outcome is that European Community law does not oppose the German authorities intervencing. Rather such self-discipline practised by member states for the benefit of the European environment is admissible so long as the other EC member states do not establish equally stringent standards on their own accord or European Community law itself does not provide protection on a high level. (orig.) [de

  14. The goal(s) of corporate rescue in company law: A comparative analysis

    OpenAIRE

    Anthony O. Nwafor

    2017-01-01

    The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these ju...

  15. The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: The European Private International Law Tradition Continued. : Introductory Observations, Scope, System, and General Rules

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

    textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome

  16. Discrimination at Work: Comparing European, French, and American Law

    OpenAIRE

    Mercat-Bruns, Marie

    2016-01-01

    How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examin...

  17. Law Antimonopoly of China – a Model of European Inspiration

    Directory of Open Access Journals (Sweden)

    Cornelia LEFTER

    2011-08-01

    Full Text Available Globalization of present world economy has not only an economic component but also an important juridical aspect. Many countries are concerned to review or to supplement their internal legislation in order to make it compatible with legal rules that already exist in other countries or geographical zones that, usually, have an important role within their economic exchanges. China represents such an example, a country that, in the last decades, has intensified its commercial exchanges with EU member states. This trend was encouraged by the adoption of the Law Anti-Monopoly in China.

  18. Does Europe Include Japan? European Normativity in Japanese Attitudes towards International Law, 1854–1945

    Directory of Open Access Journals (Sweden)

    Urs Matthias Zachmann

    2014-01-01

    Full Text Available European normativity has been an epistemological problem for Japan throughout modernity (1868–1945. This essay discusses this problem in the case of international law by tracing its reception and application from the beginning, the opening- up of Japan in 1854, until the final demise of its imperialist project in 1945. During this period, Japan was the only non-Western great power in the hitherto all-European concert of powers. International law and the critique of European normativity played a central role in Japan’s ascent to power and confrontation with the West. In the first phase of reception between 1954 and 1905, Japanese attitudes towards international law were marked by an exceptional commitment to and acquiescence with the European standard, in line with Japan’s ambition to »leave Asia«. However, due to its strategic purposes, European normativity was more a means of political expediency than a matter of intrinsic conviction. Moreover, after the initial phase of receiving and practicing the principles of international law with considerable success, many Japanese began to feel a certain estrangement and inner reservation to European standards. Not until 1905, was Japan in a position to gradually challenge Europe. Thus, Japan’s interwar period (1905–1931 was an uneasy combination of outward compliance and inner reservation, a tension that Japan eventually resolved by withdrawing from Europe and trying to build its own autonomous sphere in East Asia after 1931. However, the example of Japanese international lawyers shows that in order to save international law from its ultranationalist critics and enemies, European normativity still remained the central cultural reference, albeit now in its revisionist variant (especially Soviet and Nazi German political thought and subject to a strategic re-interpretation. Thus, from the perspective of Japanese international lawyers, despite the Pan-Asianist pretenses of Japan’s official

  19. The European Union's Role in the Development of Global Environmental Law

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    2017-01-01

    This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....

  20. Competition in energy markets - law and regulation in the European Union

    International Nuclear Information System (INIS)

    Cameron, Peter Duncanson; Brothwood, Michael

    2002-03-01

    Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)

  1. Uniform interpretation of european patent law with a special view on the creation of a common patent court

    NARCIS (Netherlands)

    Luginbühl, SL

    2009-01-01

    The European Patent Convention (EPC) provides for a common application and examination procedure for European patents. Therefore, European patents are granted on the basis of uniform European law which is applied and interpreted by the EPO, as well as by a great number of national judges and members

  2. Public radiotelevision Corporations in European Union and the emerging use of Web 2.0 to communicate CSR

    Directory of Open Access Journals (Sweden)

    Tania FERNÁNDEZ LOMBAO FERNÁNDEZ LOMBAO

    2014-10-01

    Full Text Available Corporate Social Responsibility is a concept that defines the model of corporate governance based on responsible, horizontal and interactive accountability as opposed to closed and rail control systems. This type of management has been associated, at an initial moment, with private enterprise in the context of globalization, although gradually being implemented in the public, and consequently in the state-owned broadcasting corporations of the European Union. The three first corporations who have introduced CSR in their management are the BBC in the UK, RTÉ in Ireland, and ZDF in Germany. They develop their strategies in the fields of governance, working conditions, human rights, consumer, good practices in the activity, environment and community involvement. Annually these three corporations publish memories to evaluate the success or failure of their CSR activities, in order to provide detailed information to its stakeholders or interest groups: managers, suppliers, employees, partners, local communities and international communities. The purpose of this paper is to analyze the way in which the three corporations use Web 2.0 through their corporate websites in order to spread their CSR activities. Thus, detail the peculiarities and possibilities offered by each of the spaces 2.0 and how it encourages interaction, understood as a pillar of the `social media 'against excessive elite control prevailing in the traditional media. Also, check if the three public broadcasting corporations use Web 2.0 share CSR as a management philosophy or whether, on the contrary, does not go beyond simple social marketing. To do this, we will identify the spaces dedicated to Corporate Social Responsibility, specify the category in which it is included and the importance given to it in the middle of other content contained in the corporate websites. Overall, we aim to find out if the web 2.0. is the method of choice for corporations to communicate their CSR

  3. The political mobilization of corporate directors: socio-economic correlates of affiliation to European pressure groups.

    Science.gov (United States)

    Bond, Matthew; Glouharova, Siana; Harrigan, Nicholas

    2010-06-01

    Business has played a central role in the debate over Britain's place in the European Union. This paper examines the socio-economic characteristics of directors of Britain's largest corporations who affiliated either to Business for Sterling or Britain in Europe. It reports associations between directors' social backgrounds and their probabilities of affiliation. Elite university education, club membership, wealth and multiple directorships were all associated with higher propensities to affiliate. The associations are consistent with the idea that directors' social resources allow them to overcome collective action problems as well as supplying them with the motivations to affiliate. They also indicated that directors form a privileged group in that they have a number of very powerful actors who can take unilateral political actions.

  4. The American Law Institutes Reporter’s Study of Corporate Tax Integration: A Critique

    Science.gov (United States)

    1994-02-14

    retains current corporate income tax as a withholding mechanism for payment of the shareholder level tax, as a measure to ensure compliance, and as a...the burden of the corporate income tax will fall only on retained earnings." The immediate result of this method is more cash in hands of the...would convert the corporate income tax into a withholding mechanism for an ultimate tax on corporate source income at the shareholder level.9 Professor

  5. Dynamic Portfolio Strategies in the European Corporate Bond Market : 30th Australasian Finance and Banking Conference 2017

    NARCIS (Netherlands)

    M. Pieterse-Bloem (Mary); W.F.C. Verschoor (Willem); Z. Qian (Zhaowen); R.C.J. Zwinkels (Remco)

    2017-01-01

    textabstractIn this paper, we propose a dynamic portfolio strategy for European corporate bonds based on a two-factor pricing model. We introduce a strategy in which we forecast both future factors as well as bonds' future exposure to these factor. Using a unique dataset that is representative for

  6. Does corporate social responsibility put reputation at risk by inviting activist targeting? An empirical test among European SMEs.

    NARCIS (Netherlands)

    Graafland, Johan

    Corporate social responsibility (CSR) is believed to improve a company’s reputation. However,CSR may also put reputation at risk by making the company a more attractive target for activists’campaigns. We test this effect on a sample of 1355 European small and medium-sized enterprises(SMEs). We find

  7. Local contestation against the European Union Rule of Law Mission in Kosovo

    NARCIS (Netherlands)

    Mahr, Ewa

    2018-01-01

    This article examines local contestation against the European Union Rule of Law Mission in Kosovo (EULEX), manifesting itself in local actors publicly demanding a change in the mission’s mandate and/or its operations. The article investigates how EULEX’s actions and its effectiveness are perceived

  8. Commercial sales: the Common European Sales Law compared to the Vienna Sales Convention

    NARCIS (Netherlands)

    Loos, M.B.M.; Schelhaas, H.

    2013-01-01

    If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts, the

  9. Standard contract terms regulation in the proposal for a common European sales law

    NARCIS (Netherlands)

    Loos, M.B.M.

    2012-01-01

    In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the

  10. Rethinking European Competition Law : From a consumer welfare to a capability approach

    NARCIS (Netherlands)

    Claassen, Rutger; Gerbrandy, Anna

    2016-01-01

    European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to

  11. Rethinking European Competition Law: from a consumer welfare to a capability approach

    NARCIS (Netherlands)

    Claassen, Rutger; Gerbrandy, Anna

    European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies which

  12. Compartir buenas prácticas docentes en la European Law Faculties Association

    Directory of Open Access Journals (Sweden)

    Ana Maria Delgado

    2014-06-01

    Full Text Available La European Law Faculties Association (http://elfa-afde.eu celebró la asamblea y la conferencia anual (http://elfa-afde.eu/agm-2014-strasbourg, coorganizada con el Parlamento Europeo, los días 19 a 21 de marzo de este año, en Estrasburgo.

  13. Varieties of European Economic Law and Regulation : Liber Amicorum for Hans Micklitz

    NARCIS (Netherlands)

    Purnhagen, K.; Rott, P.

    2014-01-01

    This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European

  14. Abuse of law in European tax law: an overview and some recent trends in the direct and indirect tax case law of the ECJ — part 2

    OpenAIRE

    Weber, Dennis

    2013-01-01

    This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse

  15. The 2006 French Law - A Contribution to a European Policy? - Conference papers

    International Nuclear Information System (INIS)

    Fischer, Claude; Linkohr, Rolf; Dupraz, Bernard; Gonnot, Francois-Michel; Sido, Bruno; Vassaux, Alain; Golan, Paul; Leclere, Robert; Rycroft, Jeremy; Seppaelae, Timo

    2006-01-01

    On 28 June, the French 2006 law on the sustainable management of radioactive waste and materials was promulgated, after 15 years of research required by the Bataille law. What are the progresses stemming from this law? The next steps? What do the various French stakeholders, elected officials, trade unions and firms think about it? How is it perceived out of our borders? Can it be a contribution to a European policy? What are the progresses in the other Member States and what lessons can we draw from those? The management of radioactive waste is a question that goes far beyond the national framework of each country, and that must be treated as a priority, whatever the future energy policy. Since 2003, the 'Entretiens europeens' have engaged a dialogue between stakeholders of various socio-professional backgrounds from several countries and with the European Commission, in order to compare the selected options of management and to emphasize the best experiments, which could inspire an innovating European policy in the world. This fourth edition is intended to provide an updated State-of-play of the reflexions on these issues. These proceedings are organized as follows: 1 - Opening Address; 2 - first Round Table: The 2006 Law, What do French Stakeholders Think of it?; 3 - second Round table: The 2006 law, Information for national and Community policies; 4 - Debate between the participants and the audience

  16. Involving private persons and corporations in the planning process according to paragraph 9b German nuclear law - practicability and limits

    International Nuclear Information System (INIS)

    Altmann, J.; Roesel, H.

    1978-01-01

    The 4th Amendment to the German Nuclear Law has procured the legal base for the disposal of radioactive waste in the German Federal Republic. The Nuclear Law states that the Physikalisch-Technische Bundesanstalt (PTB) in Braunschweig is responsible for the disposal of radioactive waste. The PTB can be assisted in its responsibilities by persons and institutions of private character. Involving private persons and corporations in the licensing process figures a legal problem, and there has been a seminar in the PTB discussing such problems. The present contribution gives a brief summary of the opinions stated by the various legal experts taking part in this seminar. (orig./HP) [de

  17. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  18. Wir schaffen es nicht: Emergency Law and the Crisis of European Integration

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    .’ But this façade of ‘business as usual’ increasingly clashes with the reality of European crisis management involving ever more unorthodox policy responses and a surprising disregard for existing legal proscriptions. This presentation examines whether a more forthright reliance on emergency law could have limited...... to the constitutional order through procedural and temporal limits. Applying the theory of emergency law to both national and European crisis management, this presentation seeks to investigate why existing national emergency provisions were rarely used, whether functionally equivalent mechanisms at the European level......The official response to the combined crises facing Europe has been a concerted insistence that existing national tools and the Community legal and institutional acquis are sufficient to deal with the challenges of migration, state debt, monetary union and rising insecurity in Europe’s ‘near abroad...

  19. Financial Consumer Protection in the EU : Towards a Self-Sufficient European Contract Law for Consumer Financial Services?

    NARCIS (Netherlands)

    Cherednychenko, O.O.

    2014-01-01

    The rapid expansion of European contract law in the field of consumer financial services gives rise to the question to what extent it is self-sufficient. A self-sufficient European contract law presupposes the existence of an EU-made and EU-enforced contract-related legal order which is largely

  20. General Principles of the WTO and European Community Laws in Building International Competition Norms

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

    Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

  1. Development of an online tool for public health: the European Public Health Law Network.

    Science.gov (United States)

    Basak, P

    2011-09-01

    The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  2. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  3. The Europeanization of Love. The Marriage of Convenience in European Migration Law.

    NARCIS (Netherlands)

    de Hart, B.

    2017-01-01

    The tension between the right to family reunification as laid down in European Directives and Member States’ concern to protect their sovereignty in regulating migration has resulted in growing attention to and concern about fraudulent family relationships (especially marriages of convenience). This

  4. Renewable Energies and European Union Law: between (internal) market and general interest

    International Nuclear Information System (INIS)

    Alvesdu, Carlos Manuel

    2014-01-01

    The various legislative instruments of the European Union related to renewable energy illustrate the complex relationship between the market and the public interest in the EU. How does the European public power articulate the public interest and the market? Such European laws are united by the way of a dialectical common approach. Firstly, it is about using the market to achieve the public interest, namely the protection of the environment. Therefore, the promotion of renewable energies, as a public interest goal, largely depends on the market. However, the market can do wrong. When the market is insufficient, fallible, the European Union will not hesitate to intervene to inflect it, in the name of the public interest

  5. Corporate finance

    OpenAIRE

    P. Quiry; Y. Le Fur; A. Salvi; M. Dallocchio; P. Vernimmen

    2011-01-01

    Corporate Finance: Theory and Practice, 3rd Edition, the website www.vernimmen.com and the Vernimmen.com newsletter are all written and created by an author team who are both investment bankers/corporate financiers and academics. This book covers the theory and practice of Corporate Finance from a truly European perspective. It shows how to use financial theory to solve practical problems and is written for students of corporate finance and financial analysis and practising corporate financie...

  6. Harmonization of social security law of Serbia with the law of European Union

    Directory of Open Access Journals (Sweden)

    Golubović Velizar

    2011-01-01

    Full Text Available In this work, the author shortly exposes Communitarian social security law and remained tasks of the harmonization of Serbian legislation in this field. Recently some amendments of legislation were made in order to strengthen principles of gender equality and prevent discrimination, to regulate employment of persons with disability, as well as to install supervision in Institutions for occupational retirement. Regarding the compulsory social insurance in Serbia it may be concluded that there exists a high degree of compliance with the EU legislation, with an exception of privileged mode of entitlement for old age and disability pensions for women and partial disability caused by work injury where it is necessary to conclude agreements on social security with 10 EU states members. On the other side, occupational retirement provision is partially incompatible with Communitarian social security law, i.e. with Directive 2003/41/EC in the field of technical provision, as well as with Directive 113/2004/EU regarding the obligation of equation of the life expectancy for both sexes.

  7. IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR THROUGH WAQF RELATED TO LAW NUMBER 41 YEAR 2004 ON WAQF

    Directory of Open Access Journals (Sweden)

    Helza Nova Lita

    2015-04-01

    Full Text Available Objective - Corporate Social Responsibility (CSR is expected to continue to exist as an integral part of the management of a company. The existence of Law No. 41 Year 2004 on Waqf may be an appropriate alternative for the company to develop the concept of CSR through waqf management. Waqf is basically a form of philanthropy that is derived from Islamic law. It has its own characteristics that differentiate from other philanthropies. Characteristics of waqf  can provide a guarantee of legal protection for waqf objects that can be used to develop sustainable good deeds programs, instead of a normal charity program. The research discussess how the implementation of the concept of Corporate Social Responsibility through Waqf based on Law Number. 41 of 2004, and how the legal position of the company in the management of waqf.Methods – Analytical qualitative method on the legal aspect of waqf and theories of Islamic economics.Results - CSR within an Islamic framework includes a series of business activities in its various forms. The forms of CSR activities can be synergized through a planned management pattern, with separate funding sources.  Conclusions – The allocation of CSR through Waqf should be in accordance with the characteristics and conditions of the receiving society. Moreover, the role of  company in CSR management through waqf is either being a Wakif, Nazhir or partner of waqf institutions to improve productivity of waqf assets. Keywords : CSR, Waqf, Law

  8. IR. Theory Meets European Union Law. Constitutional Battles, Sovereign Choices & Institutional Contingencies in the Legacy of the European Integration Process

    DEFF Research Database (Denmark)

    Wind, Marlene

    From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their p......From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts...... of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where...

  9. Foreign clouds in the European sky: how US laws affect the privacy of Europeans

    Directory of Open Access Journals (Sweden)

    Primavera De Filippi

    2013-03-01

    Full Text Available This article presents a general analysis of how user autonomy in the cloud is increasingly put into jeopardy by the growing comfort and efficiency of the user-interface. Although this issue has not been, thus far, explicitly addressed by the law, it is a fundamental ethical question that should be carefully assessed to guide the future deployment of cloud computing. Different policy decisions might, in fact, significantly affect user’s fundamental rights and online freedoms by shifting the balance from one part or another of the trade-off. This article aims to explore emerging trends in cloud computing technologies and analyse them from an ethical perspective to identify the issues they might raise, and the extent to which current laws and regulations actually take these issues into account.

  10. Corporate governance codes and their contents : An analysis of Eastern European codes

    NARCIS (Netherlands)

    Hermes, Niels; Postma, Theo J. B. M.; Zivkov, Orestis

    2007-01-01

    Existing literature suggests that the contents of corporate governance codes are similar due to external forces, such as increased integration of countries in the global economy, the increased role of foreign institutional investors and recommendations on corporate governance practices of

  11. Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective

    DEFF Research Database (Denmark)

    Faeh, Andrea

    2012-01-01

    of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.......In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences...

  12. RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW.

    Science.gov (United States)

    Scott, Rosamund

    2016-01-01

    Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. © The Author 2015. Published by Oxford University Press.

  13. RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW

    Science.gov (United States)

    Scott, Rosamund

    2016-01-01

    Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly ‘liberal’. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. PMID:26546800

  14. Corporate realignments in the natural gas industry: does the North American experience foretell the future for the European Union?

    Energy Technology Data Exchange (ETDEWEB)

    Rutledge, I.; Wright, Ph. [Sheffield Univ., Energy Studies Programme (United Kingdom); Wright, Ph. [Montpellier-1 Univ., CREDEN-LASER, 34 (France)

    2000-09-01

    This paper seeks to explore the extent to which the corporate realignments which have occurred in the North American Natural Gas Industry during a now relatively lengthy experience with liberalization involving a large number of players, will be imitated in the future by European Union countries other than the UK (which is of course already long-embarked along the path of Anglo-Saxon liberalization). The paper first of all catalogues the North American experience, drawing on company performance data assembled by the authors over the last decade (Rutledge and Wright, 1993, 1995, 1997, 1999, 2000). Secondly, this empirical exploration gives way to theoretical speculation: are there elements of the North American experience for which explanatory generalizations are possible? Thirdly, these empirical and theoretical insights are employed to identify and explore actual and potential differences in the corporate evolution of the European Union natural gas industry. (authors)

  15. European Policy for Corporate Social Responsibility: Governance Context, Linkage with Sustainable development and Crisis as a Policy Factor

    Directory of Open Access Journals (Sweden)

    Taliouris, Evangelos

    2018-01-01

    Full Text Available Political prerequisites for sustainable development (SD in European Union (EU and its member states are environmental innovation as well as transparency, social welfare, good governance and responsible entrepreneurship. The Europe 2020 Strategy and its indicators were a significant step in order EU, its member states and the social stakeholders to deal with crisis negative socioeconomic and environmental outcomes, but also to improve social trust. An important stakeholder towards these is European business sector. Therefore, responsible entrepreneurship via corporate social responsibility (CSR is a policy topic in EU in parallel with other policy topics such as transparency (e.g. non-financial reporting and good governance (e.g. political framework for CSR. The European business community was always a crucial stakeholder for development, but since 2001 CSR is explicitly part of European policy agenda through topics such as public procurement, responsible supply chains, anti-corruption policies, employment generation, reporting and disclosure etc. In EU the applied policy for CSR indicates different approaches and policy tools within the common policy framework and definitions. Moreover, the crisis evolution became an accelerator for CSR policy evolution and convergence between perspectives and member states. The renewed strategy in 2011, the report for CSR public policies in 2014 and the EU steps towards SD Agenda for 2030 in 2015 indicated issues such as corporate citizenship and responsible entrepreneurship as an ongoing policy process that focuses both on EU political convergence at member states level and the European business sector excellence.

  16. Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

    Directory of Open Access Journals (Sweden)

    Gabriela LUPŞAN

    2014-08-01

    Full Text Available As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption of, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the maintenance, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to maintenance, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for maintenance, when maintenance obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.

  17. Civilian Marksmanship Program Corporation Needs to Fully Comply With the Law on Sales of Firearms

    National Research Council Canada - National Science Library

    1999-01-01

    .... As required by the Fiscal Year 1996 National Defense Authorization Act, the program was to be transitioned from the Army to the private, nonprofit Corporation for the Promotion of Rifle Practice...

  18. National Assembly of Serbia and European Parliament: A constitutional-law comparison

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2011-01-01

    Full Text Available For better understanding of the two parallel processes - EU integration and the rapprochement of the Republic of Serbia to the Union, a comparison of National Assembly of Serbia and European Parliament could be used. There are two legislative bodies in matter, which despite some similarities have numerous differences. The key difference is that National Assembly is a 'full' legislative body, and European Parliament is a part of the Union's legislation, such as one of the Parliament's houses. Perhaps the most important cause of this difference is the fact that National Assembly is a power body of the State, and the European Parliament is an institution of a political and economic community which is not (yet a state. It is to be assumed that the constitutional-law differences between European Parliament and National Assembly, or the parliament of another state, will increasingly diminish if the processes of the transfer of states' sovereignty to the European Union continue. At the same time, the relation of the political power of the European Parliament and the national parliaments of the Union state members will change.

  19. Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises

    OpenAIRE

    Ma, Xili

    2017-01-01

    Resorting to the immensely State-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, has yet to be agreed upon or established. However, State-Owned Enterprises (SOEs), given its prima facie “State-Business nexus” that bl...

  20. Harmonization of renewable electricity feed-in laws in the European Union

    International Nuclear Information System (INIS)

    Munoz, Miquel; David Tabara, J.; Oschmann, Volker

    2007-01-01

    This paper focuses on the harmonization of feed-in laws in the European Union as a support mechanism for the promotion of renewable electricity. In particular, it proposes a methodology for harmonization based on a feed-in law with a modular and transparent premium for renewable electricity producers. This premium considers technology costs, some grid services, political incentives and national priorities. The proposed approach includes flexibility mechanisms to update and revise premiums, to avoid windfall profits for producers, and to share technology innovation benefits with electricity consumers while maintaining incentives for innovation. Our approach is based on the review of the main features of the German and Spanish feed-in laws, and takes into account other necessary considerations for harmonization, such as grid access, funding, definitions and standards, ownership of rights derived from renewables, and exceptions for small non-commercial producers and energy-intensive industries. (author)

  1. International and European law on protected areas and climate change: need for adaptation or implementation?

    Science.gov (United States)

    Cliquet, A

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  2. Internal Security Cooperation under Functional Expectations: Initial Law Enforcement Europeanization - Case of Finland and Estonia

    Directory of Open Access Journals (Sweden)

    Ramon Loik

    2016-03-01

    Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.

  3. The goal(s of corporate rescue in company law: A comparative analysis

    Directory of Open Access Journals (Sweden)

    Anthony O. Nwafor

    2017-09-01

    Full Text Available The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016 has been adopted in the South African Companies Act of 2008. The goal(s of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant statutory provisions in the United Kingdom, India, Australia and South Africa and the attendant judicial interpretations of those provisions with a view to discovering the goal(s of corporate rescue in those jurisdictions. It is argued that while under the United Kingdom and Australian statutory provisions, the administrator could pursue alternative goals of either rescuing the company or achieving better results for the creditors; the South African and Indian statutory provisions do not provide such alternatives. The seeming ancillary purpose of crafting a fair deal for the stakeholders under the South African Companies Act’s provision is not sustainable if the company as an entity cannot be rescued

  4. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should be ...

  5. Intersectionality and its journeys: from counterhegemonic feminist theories to law of european multilevel democracy

    Directory of Open Access Journals (Sweden)

    María Caterina La Barbera

    2017-06-01

    Full Text Available Democratization processes imply questioning the discriminatory effects of law and politics, and challenging exclusionary legal categories and political institutions. Intersectionality was born as a tool for critical legal analysis and allowed identifying the multiplicity of interactions generated by social exclusion on the grounds of gender, sexual orientation, race, religion, national origin, (disability and socioeconomic status, shedding light on the complexity of the mechanisms of power and privilege in social relations. In the last twenty-five years, intersectionality gained increasing popularity in the Anglophone academia, but it had uneven diffusion in the different socio-political contexts. The goal of this article is to identify the challenges of using intersectionality in the multilevel context of the European Union. To this end, the first part of this article addresses the conceptual origins of intersectionality, providing a genealogy that connects it with counterhegemonic feminist theories. In the second part, intersectionality is put in the American socio-legal context of the 70s where it originated in connection with the movement of Critical Legal Studies. Finally, considering the challenges involved in transposing into the legal framework of European Union a concept that traveled from another legal system, the third part of the article offers an overview of the recent development of European Union law as an example of the advancements and challenges that the introduction of intersectionality can suppose for democratic societies. The final goal of this study is to contribute to the broader debate on the implementation of intersectionality in the multilevel European democracy.

  6. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-05-01

    Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

  7. You Can't Eat Biodiversity: Agency and Irrational Norms in European Aquatic Environmental Law

    Directory of Open Access Journals (Sweden)

    Tim G. O'Higgins

    2017-02-01

    Full Text Available Policies of the European Union cover a range of social, environmental and economic aspirations and the current environmental directives and laws have evolved from a suite of norms which have changed over time. These may be characterised loosely according to 'Three Ps': Practical, those taking an anthropocentric approach; Pure, those taking an ecocentric approach and Popular, those appealing to the general public. In this paper I use these three perspectives as a tool to analyse the complexity and identify contradictions in European aquatic environmental legislation. Some trade-offs between development and conservation are identified and used to characterise the potential qualities of more successful agency to achieve environmental goals in the governance of European aquatic environments.

  8. The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment

    International Nuclear Information System (INIS)

    Schloemer, Jan

    2013-01-01

    The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.

  9. ROMAN MARKS TO EUROPEAN LAW OF THE CONTRACTS GOOD – FAITH

    Directory of Open Access Journals (Sweden)

    LIVIA MOCANU

    2011-04-01

    Full Text Available Beyond its political destinations, Europe is a civilization that each of its constituent parts has contributed its genius, over time. Or Rome, its original matrix, has sent her fundamental right. To what extent can it be another tool for reflection, for mutual understanding, sometimes of harmony, here's what seems to be necessarily raised, albeit briefly, by this favored means of communication and exchange, that it has always been the contract. Since then the issue is explained by the need to have a contractual law in the middle of this community adapted to the needs of this new burning community, in Europe of the beginning of the third millennium. In fact, market opening has led to considerable development of trade between the EU-counties and this is exactly cross-border flow through contracts. In this context we aimed to determine the role that it has one of the most important and current principles of law, that of good - faith in European contract law building.It is known that good - faith is experiencing a very special embodiment in the contract, where it assumes many functions. She is the subject of many studies and analysis and is likely to grow rapidly in national and supranational rights.Although contract law has evolved considerably, the theme is present and justified, under conditions which the Roman foundations remain. European contractual universe and its possible developments do not exclude but require an approach in terms of Roman law. Methodologically, the paper is structured as follows: good - faith in contracts, the birth and evolution of the concept (ancient Rome, Middle Ages, modern and contemporary and contemporary applications - abuse of right, information requirements, hardship principle.

  10. Corporate Political Strategies related to Decisions of European Competition Commission on Regulatory Issues in the European Telecommunications Industry

    NARCIS (Netherlands)

    Kranenburg, H.L. van; Ross, T.

    2014-01-01

    The European regulatory institution has the tasks to protect fair competition and equal opportunities for all companies in the European telecommunications industry and to protect the welfare of the consumers. This regulator is responsible for the adherence of telecommunications companies to

  11. Outsourcing en unidades de información jurídica corporativas Outsourcing in corporate law information units

    Directory of Open Access Journals (Sweden)

    Sandra E. Romagnoli

    2006-12-01

    Full Text Available Se analiza la posibilidad de tercerizar algunas de las funciones que se llevan a cabo en las bibliotecas, con especial énfasis en las unidades de información corporativas del área jurídica. En primer lugar se revisa el concepto de outsourcing, las etapas del proceso como así también las ventajas y desventajas de su implementación. Se consideran en forma particular los procesos técnicos como un área propicia para su puesta en funcionamiento. Finalmente se reflexiona acerca de su viabilidad en las unidades de información que son objeto de análisis del presente trabajo.The possibility of outsourcing some of the library functions is analized with a special emphasis in corporate law information units. Firstly, the concept, stages, and pros and cons of outsourcing library services are considered. Technical services are especially examined as a propitious area to outsource. Finally, the viability of its implementation in corporate law libraries is particularly considered.

  12. Europe at the frontline: analysing street-level motivations for the use of European Union migration law

    NARCIS (Netherlands)

    Dörrenbächer, N.

    2017-01-01

    This contribution investigates what motivates the use of European Union (EU) law at the street level of migration law implementation. The street level is a crucial venue for EU implementation because lower-level implementers critically influence the level of EU compliance eventually achieved.

  13. Grasping Legal Time : A Legal and Philosophical Analysis of the Role of Time in European Migration Law.

    NARCIS (Netherlands)

    Stronks, Martijn

    2017-01-01

    This book is about time, law and migrants. It consists of a legal and philosophical scrutiny into the question: why do migrants receive stronger rights over the course of time in European migration law? That migrants receive stronger rights over time is easily proven, much more difficult is the

  14. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.

    2012-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  15. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.W.; Claeys, I.; Feltkamp, R.

    2013-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  16. Criminal law policy of Latvia in the context of European Union: The treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Vilks A.

    2012-10-01

    Full Text Available The article is devoted to the analysis of the content of EU Treaty of Lisbon, which deals with ensurance of freedom, security and justice in the joint European space. The Treaty of Lisbon describes the attempts of the European Union to ensure a high security level to prevent and fight crime, rasism and xenophobia, to develop particular measures of coordination and cooperation between police and judicial authorities and other competent authorities for their further development, as well as for the mutual recognition of judgements in criminal matters. Correspondingly, the implementation of the requirements of the Treaty of Lisbon identifies the need to form an adequate national criminal law policy in our country as well.

  17. German and European energy act. Collection of texts with accessory laws. 2. ed.

    International Nuclear Information System (INIS)

    Schwintowski, H.P.; Dannischewski, J.; Warg, F.

    2006-01-01

    The author of the book under consideration reports on the energy economy act, energy environment act, nuclear energy act as well as emission commercial law. The basis is the energy environment act from 7th July, 2005, enriched with access regulations and payment regulation in the area of electric current and gas. Furthermore, the reader of the book finds guiding principles according to price determination on the basis of direct costs. The reader also finds the main European guidelines both for electrical current and gas. The book under consideration also contains juristic texts. This book only contains the most important facts, and is written for practicians

  18. The Biomedicine Convention as an object and a stimulus for comparative research in the European Journal of Health Law.

    Science.gov (United States)

    Nys, Herman

    2008-09-01

    The European Association for Health Law has ambitious objectives. Two of them are "to encourage and facilitate co-operation among health lawyers throughout Europe" and "to encourage and support the development of health law in European and international relations". Comparative legal research will be an important means to reach these objectives. In this contribution the author takes a closer look at this Convention as an object but also as a stimulus for comparative research in health law. To this end relevant articles have been analyzed that have been published in this journal from its creation in 1994 until the end of 2007.

  19. Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

    Directory of Open Access Journals (Sweden)

    Lina M. Céspedes-Báez

    2012-06-01

    Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.

  20. The European Power and Gas Industry: the Market. Market Analysis - 2017-2020 Trends - Corporate Strategies

    International Nuclear Information System (INIS)

    2017-09-01

    This study presents: The medium-term and mega trends of the industry market developments and geographical segments; The competitive landscape and the main corporate rankings; The main conclusions of the report, summarised in 10 analytical slides. Content: 1. Market Fundamentals: Overview, The Industry; 2. Market Environment and Prospects: Market Environment, Demand and Supply, Prices, Trade; 3. Corporate Strategies and Competition: Competitive Environment, Structure of Competition, Business Strategies; 4. Case Studies; 5. Statistical Appendix; 6. Sources; 7. Annexes

  1. Abstract legal effect of juridical acts in European and Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

    Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too

  2. The ban on reprocessing as seen from the perspective of European law

    International Nuclear Information System (INIS)

    Hanenburg, E.; Warg, G.

    1999-01-01

    The plan of the German federal government to opt out of the peaceful uses of nuclear power for electricity generation initially was to incorporate also a ban on reprocessing spent fuel elements. On February 22, 1999, Federal Minister for the Environment Trittin finally announced that his revised draft for the time being would contain no ban on reprocessing. That ban, as originally planned, raises a number of issues of European law which are analyzed in the article by Hanenburg and Warg, especially the question whether the ban on reprocessing constitutes a violation of the principles and objectives of the Common Market. The legal principles underlying the Common Market, especially the Euratom Treaty among the member countries, constitute the basis of the analysis in which, inter alia, aspects such as cross-border reprocessing and secondary European law or the legal consequences of the Euratom Treaty for the opting-out policy of the German federal government are dealt with. The analysis arrives at the finding that a final opt-out as planned by the German federal government in the amendments to the Atomic Energy Act, and the complete substitution of nuclear electricity by other sources of energy, violate the purpose of the Euratom Treaty at least to keep open the structural possibility of generating electricity by nuclear power. (orig.) [de

  3. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  4. Application of principles of European law in the Supreme Court of Estonia : [doktoritöö] / Carri Ginter ; juhendaja: Raul Narits

    Index Scriptorium Estoniae

    Ginter, Carri, 1978-

    2008-01-01

    Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79

  5. Local energy supply under national and European law. With special regard to municipal policy opportunities

    International Nuclear Information System (INIS)

    Britz, G.

    1994-01-01

    Conceivably, the erection of a single European energy market for electricity and natural gas as specified in the EC draft guidelines may change the conditions of local energy supply. This thesis therefore investigates which instruments are at the disposal of municipal governments for the realization of energy-political concepts of their own: Rights of way and granting of franchises, establishment of and transfer of tasks to municipal utilities, common carvier duties, and free choice of suppliers by distributors. The handling of franchise payments and treatment of municipal interconnected networks are of considerable importance for the financial situation of communities. The first section deals with the legal issues of local energy supply with regard to national law. The second part deals with the same questions with regard to community law. Furthermore it is considered what would be the consequences of the realization of the two guidelines concerning the single energy market. In the final section the results are compared and the significance of community law for local energy supply is assessed. (orig./HP) [de

  6. Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

    Directory of Open Access Journals (Sweden)

    Constanze Semmelmann

    2012-06-01

    Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

  7. Corporate coalitions and policy making in the European Union: how and why British American Tobacco promoted "Better Regulation".

    Science.gov (United States)

    Smith, Katherine Elizabeth; Fooks, Gary; Gilmore, Anna B; Collin, Jeff; Weishaar, Heide

    2015-04-01

    Over the past fifteen years, an interconnected set of regulatory reforms, known as Better Regulation, has been adopted across Europe, marking a significant shift in the way that European Union policies are developed. There has been little exploration of the origins of these reforms, which include mandatory ex ante impact assessment. Drawing on documentary and interview data, this article discusses how and why large corporations, notably British American Tobacco (BAT), worked to influence and promote these reforms. Our analysis highlights (1) how policy entrepreneurs with sufficient resources (such as large corporations) can shape the membership and direction of advocacy coalitions; (2) the extent to which "think tanks" may be prepared to lobby on behalf of commercial clients; and (3) why regulated industries (including tobacco) may favor the use of "evidence tools," such as impact assessments, in policy making. We argue that a key aspect of BAT's ability to shape regulatory reform involved the deliberate construction of a vaguely defined idea that could be strategically adapted to appeal to diverse constituencies. We discuss the theoretical implications of this finding for the Advocacy Coalition Framework, as well as the practical implications of the findings for efforts to promote transparency and public health in the European Union. Copyright © 2015 by Duke University Press.

  8. Corporate Governance Structures, Control and Performance in European Markets : A Tale of Two Systems

    NARCIS (Netherlands)

    Crama, Y.; Leruth, L.; Renneboog, L.D.R.; Urbain, J-P.

    1999-01-01

    Traditionally share price returns and their variance have been explained by factors linked to the operations of the company such as systematic risk, corporate size and P/E ratios or by factors related to the influence of the macro-economic environment. In these models, the institutional environment

  9. Dust diseases and the legacy of corporate manipulation of science and law.

    Science.gov (United States)

    Egilman, David; Bird, Tess; Lee, Caroline

    2014-01-01

    The dust diseases silicosis and asbestosis were the first occupational diseases to have widespread impact on workers. Knowledge that asbestos and silica were hazardous to health became public several decades after the industry knew of the health concerns. This delay was largely influenced by the interests of Metropolitan Life Insurance Company (MetLife) and other asbestos mining and product manufacturing companies. To understand the ongoing corporate influence on the science and politics of asbestos and silica exposure, including litigation defense strategies related to historical manipulation of science. We examined previously secret corporate documents, depositions and trial testimony produced in litigation; as well as published literature. Our analysis indicates that companies that used and produced asbestos have continued and intensified their efforts to alter the asbestos-cancer literature and utilize dust-exposure standards to avoid liability and regulation. Organizations of asbestos product manufacturers delayed the reduction of permissible asbestos exposures by covering up the link between asbestos and cancer. Once the decline of the asbestos industry in the US became inevitable, the companies and their lawyers designed the state of the art (SOA) defense to protect themselves in litigation and to maintain sales to developing countries. Asbestos product companies would like the public to believe that there was a legitimate debate surrounding the dangers of asbestos during the twentieth century, particularly regarding the link to cancer, which delayed adequate regulation. The asbestos-cancer link was not a legitimate contestation of science; rather the companies directly manipulated the scientific literature. There is evidence that industry manipulation of scientific literature remains a continuing problem today, resulting in inadequate regulation and compensation and perpetuating otherwise preventable worker and consumer injuries and deaths.

  10. Practical experience in post-mortem tissue donation in consideration of the European tissue law.

    Science.gov (United States)

    Karbe, Thomas; Braun, Christian; Wulff, Birgit; Schröder, Ann Sophie; Püschel, Klaus; Bratzke, Hansjürgen; Parzeller, Markus

    2010-03-01

    In consequence of the European guidelines of safety and quality standards for the donation, retrieval, storing and distribution of human tissues and cells the purpose of tissue transplantation was implemented into German legislation in May 2007. The law came into effect on August 1st 2007 considering of the European rules. The Institutes for Legal Medicine of the University of Frankfurt/Main and the University Medical Center Hamburg-Eppendorf developed a model for tissue retrieval. The Institute of Legal Medicine (I.f.R.) at the University Medical Center Hamburg cooperates with the German Institute of Cell and Tissue Replacement (Deutsches Institut für Zell--und Gewebeersatz DIZG). Potential post-mortem tissue donors (PMTD) among the deceased are selected by standardized sets of defined criteria. The procedure is guided by the intended exclusion criteria of the tissue regulation draft (German Transplant Law TPG GewV) in accordance with the European Guideline (2006/17/EC). Following the identification of the donor and subsequent removal of tissue, the retrieved samples were sent to the DIZG, a non-profit tissue bank according to the tissue regulation. Here the final processing into transplantable tissue grafts takes place, which then results in the allocation of tissue to hospitals in Germany and other European countries. The Center of Legal Medicine at the Johann Wolfgang Goethe-University Medical Center Frankfurt/Main cooperates since 2000 with Tutogen, a pharmaceutical company. Harvesting of musculoskeletal tissues follows corresponding regulations. To verify the outcome of PMTD at the I.f.R. Hamburg, two-statistic analysis over 12 and 4 months have been implemented. Our results have shown an increasing number of potential appropriate PMTD within the second inquiry interval but a relatively small and unvaryingly rate of successful post-mortem tissue retrievals similar to the first examination period. Thus, the aim of the model developed by the I.f.R. is to

  11. Beyond shareholder primacy? Reflections on the trajectory of UK corporate governance.

    OpenAIRE

    Armour, J.; Deakin, S.; Konzelmann, Suzanne J.

    2003-01-01

    Core institutions of UK corporate governance, in particular the City Code on Takeovers and Mergers, the Combined Code on Corporate Governance and the law on directors’ duties, are strongly orientated towards the norm of shareholder primacy. Beyond the core, however, stakeholder interests are better represented, in particular at the intersection of insolvency and employment law. This reflects the influence of European Community laws on information and consultation of employees. In addition, th...

  12. Scaling-laws of human broadcast communication enable distinction between human, corporate and robot Twitter users.

    Science.gov (United States)

    Tavares, Gabriela; Faisal, Aldo

    2013-01-01

    Human behaviour is highly individual by nature, yet statistical structures are emerging which seem to govern the actions of human beings collectively. Here we search for universal statistical laws dictating the timing of human actions in communication decisions. We focus on the distribution of the time interval between messages in human broadcast communication, as documented in Twitter, and study a collection of over 160,000 tweets for three user categories: personal (controlled by one person), managed (typically PR agency controlled) and bot-controlled (automated system). To test our hypothesis, we investigate whether it is possible to differentiate between user types based on tweet timing behaviour, independently of the content in messages. For this purpose, we developed a system to process a large amount of tweets for reality mining and implemented two simple probabilistic inference algorithms: 1. a naive Bayes classifier, which distinguishes between two and three account categories with classification performance of 84.6% and 75.8%, respectively and 2. a prediction algorithm to estimate the time of a user's next tweet with an R(2) ≈ 0.7. Our results show that we can reliably distinguish between the three user categories as well as predict the distribution of a user's inter-message time with reasonable accuracy. More importantly, we identify a characteristic power-law decrease in the tail of inter-message time distribution by human users which is different from that obtained for managed and automated accounts. This result is evidence of a universal law that permeates the timing of human decisions in broadcast communication and extends the findings of several previous studies of peer-to-peer communication.

  13. Scaling-laws of human broadcast communication enable distinction between human, corporate and robot Twitter users.

    Directory of Open Access Journals (Sweden)

    Gabriela Tavares

    Full Text Available Human behaviour is highly individual by nature, yet statistical structures are emerging which seem to govern the actions of human beings collectively. Here we search for universal statistical laws dictating the timing of human actions in communication decisions. We focus on the distribution of the time interval between messages in human broadcast communication, as documented in Twitter, and study a collection of over 160,000 tweets for three user categories: personal (controlled by one person, managed (typically PR agency controlled and bot-controlled (automated system. To test our hypothesis, we investigate whether it is possible to differentiate between user types based on tweet timing behaviour, independently of the content in messages. For this purpose, we developed a system to process a large amount of tweets for reality mining and implemented two simple probabilistic inference algorithms: 1. a naive Bayes classifier, which distinguishes between two and three account categories with classification performance of 84.6% and 75.8%, respectively and 2. a prediction algorithm to estimate the time of a user's next tweet with an R(2 ≈ 0.7. Our results show that we can reliably distinguish between the three user categories as well as predict the distribution of a user's inter-message time with reasonable accuracy. More importantly, we identify a characteristic power-law decrease in the tail of inter-message time distribution by human users which is different from that obtained for managed and automated accounts. This result is evidence of a universal law that permeates the timing of human decisions in broadcast communication and extends the findings of several previous studies of peer-to-peer communication.

  14. Sovereign debt and corporate capital structure: The evidence from selected European countries during the Gglobal Financial and Economic Crisis

    Directory of Open Access Journals (Sweden)

    Natalia Mokhova

    2017-05-01

    Full Text Available The recent Global financial crisis and the following European debt crisis show the significance of country financial stability and its impact on the private sector. Moreover, the sovereign debt as an essential element of government macroeconomic policy influences the financial performances of the companies and their future development and growth. The capital structure and financing decisions represent one of the most significant parts of company’s financial policy and its key to financial strength. There are a lot of external factors influencing the capital structure; however, due to the European debt crisis the aim of this study is to indicate the influence of sovereign debt on capital structure of the private held companies in different European countries. This study examines the evidence from European developed countries and emerging markets for the period 2005–2012, in order to compare the level of its impact on the capital structure according to the countries’ specifics. We find that after Global Financial Crisis the sovereign debt has tendency to increase in all investigated countries. Greece and Italy have the highest level of debt and it exceeds their Gross Domestic Product (GDP. In addition to that, the Czech Republic has the lowest level of sovereign debt to GDP, but at the same time the corporate capital structure exceeds 100%. The sovereign debt levels are strongly and statistically significantly correlated with each other, however, Hungarian debt has weaker relation with other countries. The findings also show the integration and interdependence of European countries. Moreover, Hungarian, Czech and German private sectors are the most depended on the level of sovereign debt.

  15. Corporate Social Responsability – an European Approach through the Tourism SME’s Perspectives

    Directory of Open Access Journals (Sweden)

    Gabriela Ţigu

    2016-11-01

    Full Text Available Nowadays, companies face a big challenge in adopting a responsible behaviour towards the community and the environment throughout their business activities. We consider that Corporate Social Responsibility in tourism industry is still searching for consist ency in policies, programs and practices and responds to issues particularly related to sustainable tourism principles. Starting from the idea that small and medium sized enterprises can be exponents of responsibility, this paper propose to analyse tourism operators’ opinions regarding Corporate Social Responsibility and underlines its importance in tourism businesses. For achieving this, a quantitative research was used and a questionnaire on the micro, small and medium sized enterprises, representatives for tourism industry in eight EU countries (United Kingdom, Germany, Austria, Belgium, Lithuania, Latvia, Romania and France was conducted. The tour operators’ opinions on CSR are significant for the development of trainings that they might attend in order to implement the social responsibility principles in their fields of activity.

  16. Corporate social responsibility in coal industry (practices of russian and european companies)

    OpenAIRE

    Т. В. Пономаренко; Р. Вольник; О. А. Маринина

    2016-01-01

    Corporate social responsibility (CSR) is built on interaction between companies and the society which is especially important for major companies that exploit natural resources and play the role of city-forming socially significant entities. Various interpretations of the notion of social responsibility define the varying levels of influence companies have on the society, different levels of contribution of companies in the said process and the degree and level of implementation of CSR. The r...

  17. Factors Influencing the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

    Directory of Open Access Journals (Sweden)

    Victor ALISTAR

    2015-08-01

    Full Text Available The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself.

  18. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  19. European integration and the supervision of local and regional authorities
    Experiences in the Netherlands with requirements of European Community law

    Directory of Open Access Journals (Sweden)

    Bart Hessel

    2006-06-01

    Full Text Available As a result of increasing European integration, local and regional authorities are having to deal with European law more and more intensively. As Member States (read: central government are responsible vis-à-vis the Community for the errors of local and regional authorities, the question arises within Member States whether the central government possesses sufficient supervisory instruments for complying with their obligations under Community law: they must ensure that the errors of local and regional authorities are rectified in time, and national law must provide for sufficient possibilities to do so. Although Community law is neutral towards the internal relations between the various tiers of government within the Member States, this responsibility of the central government may, as a result of European integration, lead to a need for more powerful supervisory instruments in relation to local and regional authorities. In the past five years there has been some debate on this subject within the Netherlands and after a long delay the Dutch cabinet in 2004 decided that the existing supervisory instruments in the decentralized unitary state of the Netherlands should be expanded. The legislation intended to realize this expansion is being prepared. This discussion and its results would seem of interest to other Member States of the Community facing similar problems.

  20. Harmonization of domestic legislation in the field of civil law with the European Union law: Securing of claims by means of fiduciary agreements

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2012-01-01

    Full Text Available This paper analyses fiduciary agreements, which, as a form of contract, that is the means of securing obligation and legal claims, are regulated by provisions of specific laws and codifications in some of the European Union countries. Even the Montenegrin legislator enacted a special law governing these legal matters, however in the Serbian law fiduciary agreements fall into the category of innominate contracts. Fiducia originates in the Roman Law and constitutes the first common form of the pledge law. The Latin term fiducia means 'trust', since these legal matters were, first of all, based on the trust between contractual parties. This paper addresses the institution of 'trust' as it is the Anglo-Saxon counterpart of the fiduciary agreement. Etymologically, 'trust' has the same meaning as the term fiducia - trust. Due to their advantages, fiduciary agreements are not even uncommon in the domestic legal practice, while there are certain, as we have already announced, theoretical, but also practical concerns arguing admissibility of this legal matter. These arguments mainly come down to the thesis (mentioned above that entering into the fiduciary agreement results in violation of the ban on performance of contract lex commissoria in the pledge law. Nevertheless, I provided explanation that differences between contracts of pledge and fiduciary agreements clearly point to the conclusion that fiduciary agreements may not be treated as a pledge, hence they are admissible, that is, they are concluded on the principle of contractual freedom as an imperative norm of the Law on Obligations. Fiduciary agreements (in relation to the realistic means of security offer to the creditor a higher level of security, reduce the period of payment of his claims, also providing practical benefits for the debtor himself. The paper presents the reasons supporting the view that it would be advantageous for the Serbian legislator, in the process of harmonization of the

  1. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

  2. Transparency of standard terms under the Unfair Contract Terms Directive and the Proposal for a Common European Sales Law

    NARCIS (Netherlands)

    Loos, M.B.M.

    2015-01-01

    This paper discusses whether and to what extent the transparency principle is applicable to standard contract terms legislation under European Union law and what the consequences are when the principle, in so far as it is recognized, is breached. To that extent, it focuses first on the Unfair

  3. Contract formation and mistake in European contract law : a genetic comparison of transnational model rules / Nils Jansen, Reinhard Zimmermann

    Index Scriptorium Estoniae

    Jansen, Nils

    2011-01-01

    Euroopa lepinguõiguse normide analüüs ja võrdlus. PECL - The Principles of European Cntract Law ; CISG - United Nations Convention on Contracts for the International Sale of Goods ; DCFR - Draft Common Frame of Reference ; UNIDROIT - Principles of International Commercial Contracts

  4. Consent to Behavioural Targeting in European Law - What are the Policy Implications of Insights from Behavioural Economics?

    NARCIS (Netherlands)

    Zuiderveen Borgesius, F.

    2013-01-01

    Behavioural targeting is the monitoring of people’s online behaviour to target advertisements to specific individuals. European law requires companies to obtain informed consent of the internet user before they use tracking technologies for behavioural targeting. Other jurisdictions also emphasise

  5. The Performance of the European Market for Corporate Control : Evidence from the 5th Takeover Wave

    NARCIS (Netherlands)

    Martynova, M.; Renneboog, L.D.R.

    2006-01-01

    For the 5th takeover wave, European M&As were expected to create significant takeover value: the announcement reactions were strongly positive for target shareholders (more than 35%) and the bidding shareholders also expected to gain a small though significant increase in market value of 0.5%.While,

  6. The Performance of the European Market for Corporate Control : Evidence from the 5th Takeover Wave

    NARCIS (Netherlands)

    Martynova, M.; Renneboog, L.D.R.

    2006-01-01

    Abstract: For the 5th takeover wave, European M&As were expected to create significant takeover value: the announcement reactions were strongly positive for target shareholders (more than 8%) and the bidding shareholders also expected to gain a small though significant increase in market value of

  7. Corporate social responsibility in coal industry (practices of russian and european companies

    Directory of Open Access Journals (Sweden)

    Т. В. Пономаренко

    2016-12-01

    Full Text Available Corporate social responsibility (CSR is built on interaction between companies and the society which is especially important for major companies that exploit natural resources and play the role of city-forming socially significant entities. Various interpretations of the notion of social responsibility define the varying levels of influence companies have on the society, different levels of contribution of companies in the said process and the degree and level of implementation of CSR. The relations between social responsibility and economic results and the effects of implementing CSR policies are often not obvious.This study offers an assessment of present-day state of corporate social responsibility policies in coal companies of Russia and Poland and formulates proposals on implementing social responsibility projects with consideration of state-of-the-art CSR concepts.The results of the study are as follows: the achieved level of social responsibility in coal companies of Russia and Poland has been assessed; it is proven that most companies in the coal industry are at the level of fragmentary application of CSR concepts; an analysis has been carried out of tools available in the area of social responsibility of coal companies.

  8. Cell-Based Veterinary Pharmaceuticals - Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union.

    Science.gov (United States)

    Faltus, Timo; Brehm, Walter

    2016-01-01

    Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

  9. Cell-Based Veterinary Pharmaceuticals – Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union

    Science.gov (United States)

    Faltus, Timo; Brehm, Walter

    2016-01-01

    Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States. PMID:27965965

  10. Educating European Corporate Communication Professionals for Senior Management Positions: A Collaboration between UCLA's Anderson School of Management and the University of Lugano

    Science.gov (United States)

    Forman, Janis

    2005-01-01

    UCLA's program in strategic management for European corporate communication professionals provides participants with a concentrated, yet selective, immersion in those management disciplines taught at U.S. business schools, topics that are essential to their work as senior advisors to CEOs and as leaders in the field. The choice of topics…

  11. Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

    “Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

  12. Reflections on the voluntary self-exclusion of gamblers and the law-suits against Ontario Lottery and Gaming Corporation.

    Science.gov (United States)

    Faregh, Neda; Leth-Steensen, Craig

    2009-06-01

    Legalized gambling in Canada is governed by Provincial legislation. In Ontario, the Ontario Lottery and Gaming Corporation is responsible for all aspects of gambling in the Province. There have been a number of recent lawsuits against this Crown agency of the Government of Ontario by gamblers, most of which have been settled or otherwise resolved. A recent class-action lawsuit on behalf of thousands of Ontario gamblers against this agency raises a number of interesting questions regarding the issue of responsibility and liability. The questions surround the issue of self-exclusionary practices of gamblers who deem themselves in need of external intervention in order interesting questions regarding the issue of responsibility and liability. The questions surround the issue to abstain from further gambling. A contract is voluntarily signed by the self-excluding gamblers whereby their further attendance at gaming venues is prevented and could be punishable by law. Where the gaming venues have failed to enforce the terms of this contract, gamblers have continued to gamble at these establishments. The class-action lawsuit stems from the grievances of these self-excluded gamblers who were not turned away. Relevant psychological theories and recent findings pertaining to gambling are reviewed and questions relevant to these grievances are discussed in favor of government responsibility and liability toward gamblers.

  13. Transposition of the new European Union audit regulation into the Croatian national law

    Directory of Open Access Journals (Sweden)

    Sanja Sever Mališ

    2016-11-01

    Full Text Available The audit reform in the EU had as a consequence the adoption of the new regulatory framework. The European Parliament adopted Directive 2014/56/EU amending the Directive 2006/43/EC on statutory audit in the EU and the EU Regulation No. 537/2014 containing requirements that relate specifically to the statutory audit of public interest entities. Each Member State needs to transpose the Directive into its national legislation and also ensure its implementation. Within the framework of transposing the Directive into the national regulation, each Member State had many options that allows them to tailor the provisions of the national law according to their needs and specific aspects of the national audit markets. However, the number of options brings risks that are connected to additional audit procedures and inefficiencies in the process of performing audit with the potential effects on the quality and cost of audits. The aim of this article is to analyse the most important (not used options of the Directive and Regulation according to the Croatian national legislation. In that sense, the article provides information about the definition of statutory audit and the subjects of statutory audit as well as the definition of public interest entities in Croatia. In addition, the audit profession in Croatia is analysed in the context of the “European audit passport”. The results of this research can be a base for future comparisons between Croatia and the other EU Member States. Finally, the implementation of this provisions will answer the question: Does the implementation of different options bring convergence or divergence within the single EU audit services market?

  14. The Influence of Intellectual Capital on Corporate Performance: Evidence from European Companies over the Period 2004–2014

    International Nuclear Information System (INIS)

    Molodchik, M.

    2016-01-01

    Full text: The paper overviews the findings of 5-year research project of International Laboratory of Intangible driven Economy (ID LAB). The main research question of project concerns the strategic decision making with regard to intangibles and consequences of these decisions; in other words, the impact of intangibles on corporate performance. The unique dataset collected by ID LAB includes financial and non-financial indicators of more than 1700 public European companies over the period 2004–2014. The methodology uses indicators for six types of intellectual resources: human resources, management capability, innovation capability, business processes capability, clients’ loyalty and networking capability. For hypotheses estimations different econometric tools such as structural equation modelling, panel data analysis and dummy variable regression are applied. The most important and insightful findings are as follows. Firstly, intellectual resources have simultaneous impact on company outperforming (measured by Economic Value Added) and investor expectations (measured by Market Value Added), meanwhile managers tend to accumulate intellectual resources that are positively recognized by investors. Secondly, two knowledge-intensive profiles of European companies were found. Thirdly, accumulation of intangibles during economic crisis have positive influence on future performance, as well as better endowment of intangibles allows acceleration effect when recovering after the crisis. Fourthly, SMEs gain more from intellectual resources than large companies do. (author

  15. Concentration in corporate bank loans. What do we learn from European comparisons?

    OpenAIRE

    Christophe J. Godlewski; Ydriss Ziane

    2009-01-01

    The aim of this paper is to empirically investigate the determinants of creditor concentration in the use of bank loans by firms in a European cross-country framework. We analyze the influence of loan and borrower characteristics but also banking market structure and legal enforcement country-specific variables that are expected to influence the financial and strategic decision relative to the number of bank lenders. We find that firms tend to diversify sources of financing by reducing bank c...

  16. The common market for energy - constraints imposed by the laws of the European Communities

    International Nuclear Information System (INIS)

    Ipsen, K.

    1992-01-01

    Energy politics and environmental politics within the European Communities stand in an interdependent relationship that will increasingly manifest itself in the communal legal system, thus displacing the national legal systems of the EC member states. However, both these political fields bear numerous problems in the EC. The purpose of the paper is to delineate those concerning the sector of energy politics. It deals with the premises and the historical development of energy politics within the EC, the current energy-political position of the EC, the instruments provided by the communal laws for enforcing agreements and the ''Century Contract'' as an example showing the limits of these instruments. It appears that the ''Fourth Action Campaign for Environmental Protection'' of the EC merely addresses problematic issues instead of pointing out possible solutions. It thus becomes clear that in the near future the incorporation of ecopolitics into an EC energy policy will only make it more difficult to find a consensus. It is of existential importance that this task should be solved. (orig./HSCH) [de

  17. AN EXAMINATION OF OKUN’S LAW: EVIDENCE FROM EUROPEAN TARGET COUNTRIES

    Directory of Open Access Journals (Sweden)

    Persico Tony Ernesto

    2012-12-01

    Full Text Available In this paper Okun’s law is tested for six European selected countries in order to compare the responsiveness of unemployment to economic growth over the period 1981-2010. In the first section there is a survey of scientific works that have observed the empirical relationship between growth and unemployment. The countries selected are representative of different socio-economic contexts today existing in Europe, i.e. EU member countries, countries that adopt the Euro, and others which are candidates to join the EU or that although EU members have chosen not to adopt the Euro. Finally, we also refer to the U.S. and Canada, which are country-systems where the regularity of Okun’s rule of thumb was conceived. In particular, we intend to represent the data of the macroeconomic variables GDP and unemployment rate in their annual variations for a time series sufficiently long to show the occurrence of the supposed regularity, and then to investigate specific cases, which represent changes compared to the expected variations. In addition to any changes occurred over time in the studied relationship, these empirical observations, along with the reported literature, will help to draw conclusions about the differences regarding the inflexibility and responsiveness to changes in the aggregated output by the labor market of the countries involved in the study.

  18. Assessing the quality of corporate social responsibility reports: the case of reporting practices in selected European Union member states.

    Science.gov (United States)

    Hąbek, Patrycja; Wolniak, Radosław

    The organization may communicate its engagement in sustainability and may presents results achieved in this field by creating and publishing corporate social responsibility (CSR) reports. Today, we can observe a growing number of companies issuing such reports as a part of their annual reports or as stand-alone CSR reports. Despite the increase in the number of such reports their quality is different. CSR reports do not always provide complete data that readers desire, which in turn intensifies the problem with the evaluation and comparison of the organization's results achieved in this scope. Differences also occur between reporting models used in different EU countries caused by, inter alia, differently applied EU legislation on the disclosure of non-financial information in different Member States. This paper is one of the first attempts to perform a quantitative and qualitative analysis of corporate sustainability reporting practices in several European Union countries. The purpose of this article is to present the current state of CSR reporting practices in selected EU Member States and identify the differences in the quality and level of this kind of practices, taking into account the mandatory and voluntary model of disclosure. The study included separate CSR reports as well as annual reports with CSR sections and integrated reports published in 2012 in six selected EU Member States. The authors have used a specific evaluation tool in the examination of the individual reports. The assessment questionnaire consists of seventeen criteria grouped into two categories (relevance and credibility of information). In order to assess the quality of examined reports, the authors aggregated the indicators related with the reporting practices. The findings show that the quality level of the studied reports is generally low. Referring to its components, the relevance of the information provided in the assessed reports is at the higher level than its credibility. The

  19. Corporate crime: Criminological and cultural aspects

    Directory of Open Access Journals (Sweden)

    Keković Zoran

    2011-01-01

    Full Text Available The process of economic transition in Serbia has highlighted the problem of socially responsible behavior of corporations and especially the growing phenomenon of corporate crime. The consequences of corporate wrongdoing are almost everywhere and cannot be overseen. The most tremendous ones are those related to human casualties, environmental disasters, long-term negative health effects and great material budget losses on local and state levels. The fact that corporations are profiting from criminal activity which causes enormous damage to society and individuals makes public policy makers face the ultimate choice - either to devise new effective measures for reducing and controlling this phenomenon or to retain the standard model of crime control, in accordance with the principles of classical criminal law. The first choice would require one of the pillars of criminal law - the principle of individual and subjective guilt of physical persons as the exclusive grounds for imposing criminal liability - to be either modified and widened in order to be used as a base for imposing corporate criminal liability or partially changed by new criminal law categories which would introduce different grounds for imposing criminal liability on an organization. The second choice would require the decision-makers to refuse to change old and well-established principles. The criminal reality, however, has made most legislatures in Europe and around the world choose the first option and introduce different forms of corporate criminal liability. Serbian criminal legislation has been headed in the same direction since 2008, when it was changed in order to enable the imposing of liability for criminal acts on corporations. However, although corporate criminal liability is becoming the European legislative standard, one question remains - Is this the only measure of criminal politics which can be used as a means of reducing and preventing corporate crime? The authors

  20.   Exhaustion of Rights and Common Principles of European Intellectual Property Law

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2010-01-01

    of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

  1. DEBUNKING THE RELATIONSHIP BETWEEN LAW AND CAPITALISM: HOW CORPORATE GOVERNANCE FAILURES CONTRIBUTE TO THE FINANCIAL CRISIS IN INDONESIA?

    Directory of Open Access Journals (Sweden)

    Muhammad Yahdi Salampessy

    2016-12-01

    Full Text Available The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of corporate governance in addressing and preventing the crisis.

  2. Changing corporate culture within the European lead/acid battery industry

    International Nuclear Information System (INIS)

    Mayer, M.G.

    1994-01-01

    Recent economic and political factors have had a strong influence on the lead/acid battery industry in both West and East Europe. Since the publication in 1989 by Batteries International and the Lead Development Association of a map of European battery factories, the number of battery companies has declined. By 1992, a significant shift had taken place in the share of the lead/acid battery market in Europe with the result that a few companies came to influence a major proportion of battery production and sales. The reasons for this relatively fast structural change are examined. Under the pressure from continuing internal and external forces, likely outcomes for battery business in Europe are proposed as the lead/acid industry changes to meet new challenges. (orig.)

  3. Institutional Aspects of European Commission Guidance in the Area of Antitrust Law

    OpenAIRE

    Ben Smulders

    2009-01-01

    From an institutional law perspective, the question arises how to qualify the more than thirty existing communications, notices and guidelines which the Commission has issued in the area of antitrust law.

  4. EuGH: Innocuousness of the nuclear fuel tax according to the European community law; EuGH: Europarechtliche Unbedenklichkeit der Kernbrennstoffsteuer

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2015-08-14

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

  5. Corporate Responsibility

    OpenAIRE

    World Bank

    2004-01-01

    Appeals to corporate responsibility often simply take for granted that businesses have ethical responsibilities that go beyond just respecting the law. This paper addresses arguments to the effect that businesses have no such responsibilities. The interesting claim is not that businesses have no ethical responsibility at all but that their primal responsibility is to increase their profits. The extent to which there is reason to take such arguments seriously delineates the limits of corporate...

  6. Regulatory on the corporate social responsibility in the context of sustainable development by mandatory in the world trade organization law perspective (case study in Indonesia

    Directory of Open Access Journals (Sweden)

    SH. M. Hum. TAUFIQURRAHMAN

    2013-12-01

    Full Text Available Regulatory on the Corporate Social Responsibility (CSR by mandatory in Indonesia as stipulated in Article 74 of Law No. 40/2007 on the Limited Liability Company (hereafter the Company Law raises a contradiction. Those who agree argue that the company is not solely for profit, but more than that are participating in social issues and the preservation of the environment within the framework of sustainable development. Conversely, those who disagree view that social issues and the environment are the full responsibility of state. The involvement of a corporation in social and environmental activities is voluntary. Verdict of the Indonesian Constitutional Court in case no. 53/PUU-VI / / 2008 dated 13 April 2009 which rejected a requesting of material test of the Article 74 paragraph (1, (2 and (3 of the Company Law confirms the existence of the CSR by mandatory in international trade traffic today. The analytical results indicates that mandatory CSR regulation in the Company Law is not a form of a state intervention to the private activities. In addition, the arrangement is not contrary to the principles of free trade within the framework of the General Agreement on Tariffs and Trade (GATT / World Trade Organization (WTO.

  7. Public Policy Exceptions in European Private Law : A New Research Project

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia

    2014-01-01

    Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

  8. Beyond the 100 acre wood : In which international human rights law finds new ways to tame global corporate power

    NARCIS (Netherlands)

    Augenstein, Daniel; Kinley, David

    2015-01-01

    States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors

  9. A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union

    NARCIS (Netherlands)

    d' Aspremont, J.

    2013-01-01

    The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the

  10. Corporate Governance

    Directory of Open Access Journals (Sweden)

    Dragoș-Mihail Daghie

    2011-05-01

    Full Text Available The purpose of this study is to analyze and understand the recently introduced form of managementof a company limited by shares. The Law no. 441/2006, which fundamentally amended Company Law,created this form of controlling the company, the corporate governance, but the legislation does not explicitlydefine what it wants to achieve through this instrument. This topic is recent in research as the theme ofgerman-roman commercial law systems (in French corporate governance system was introduced in 1966 andin Romania in 2006 but in terms of Anglo-Saxon law, the topic has been addressed years since 1776 (AdamSmith: The Wealth of Nations The concept of corporate governance would like, as a result, to establish somerules that companies must comply in order to achieve effective governance, transparent and beneficial forboth shareholders and for the minority. Corporate governance is a key element with an aim at improvingefficiency and economic growth in full accordance with the increase of investors’ confidence. Corporategovernance assumes a series of relationship between the company management, leadership, shareholders andthe other people concerned. Also corporate governance provides for that structure by means of which thecompany’s targets are set out and the means to achieve them and also the manner how to monitor such.

  11. Parental use of corporal punishment in Europe: intersection between public health and policy.

    Science.gov (United States)

    duRivage, Nathalie; Keyes, Katherine; Leray, Emmanuelle; Pez, Ondine; Bitfoi, Adina; Koç, Ceren; Goelitz, Dietmar; Kuijpers, Rowella; Lesinskiene, Sigita; Mihova, Zlatka; Otten, Roy; Fermanian, Christophe; Kovess-Masfety, Viviane

    2015-01-01

    Studies have linked the use of corporal punishment of children to the development of mental health disorders. Despite the recommendation of international governing bodies for a complete ban of the practice, there is little European data available on the effects of corporal punishment on mental health and the influence of laws banning corporal punishment. Using data from the School Children Mental Health Europe survey, the objective of this cross-sectional study was to examine the prevalence and legal status of corporal punishment across six European countries and to evaluate the association between parental use of corporal punishment and children's mental health. The study found that odds of having parents who reported using occasional to frequent corporal punishment were 1.7 times higher in countries where its use is legal, controlling for socio-demographic factors. Children with parents who reported using corporal punishment had higher rates of both externalized and internalized mental health disorders.

  12. Parental use of corporal punishment in Europe: intersection between public health and policy.

    Directory of Open Access Journals (Sweden)

    Nathalie duRivage

    Full Text Available Studies have linked the use of corporal punishment of children to the development of mental health disorders. Despite the recommendation of international governing bodies for a complete ban of the practice, there is little European data available on the effects of corporal punishment on mental health and the influence of laws banning corporal punishment. Using data from the School Children Mental Health Europe survey, the objective of this cross-sectional study was to examine the prevalence and legal status of corporal punishment across six European countries and to evaluate the association between parental use of corporal punishment and children's mental health. The study found that odds of having parents who reported using occasional to frequent corporal punishment were 1.7 times higher in countries where its use is legal, controlling for socio-demographic factors. Children with parents who reported using corporal punishment had higher rates of both externalized and internalized mental health disorders.

  13. Parental Use of Corporal Punishment in Europe: Intersection between Public Health and Policy

    Science.gov (United States)

    duRivage, Nathalie; Keyes, Katherine; Leray, Emmanuelle; Pez, Ondine; Bitfoi, Adina; Koç, Ceren; Goelitz, Dietmar; Kuijpers, Rowella; Lesinskiene, Sigita; Mihova, Zlatka; Otten, Roy; Fermanian, Christophe; Kovess-Masfety, Viviane

    2015-01-01

    Studies have linked the use of corporal punishment of children to the development of mental health disorders. Despite the recommendation of international governing bodies for a complete ban of the practice, there is little European data available on the effects of corporal punishment on mental health and the influence of laws banning corporal punishment. Using data from the School Children Mental Health Europe survey, the objective of this cross-sectional study was to examine the prevalence and legal status of corporal punishment across six European countries and to evaluate the association between parental use of corporal punishment and children’s mental health. The study found that odds of having parents who reported using occasional to frequent corporal punishment were 1.7 times higher in countries where its use is legal, controlling for socio-demographic factors. Children with parents who reported using corporal punishment had higher rates of both externalized and internalized mental health disorders. PMID:25674788

  14. Prospects for European Company Law after the Judgment of the European Court of Justice in Centros Ltd

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2000-01-01

    This contribution analysis the implication of the judgment in Centros Ltd, whereby a company can be incorporated in one state and used for activities in other Member States of the EU. The consequence is that businesses can chose to incorporate in the state of their own choice and Member State may...... as a result start to compete to attract incorporations of companies (the Delaware Syndrome). This may call for further harmonization of company laws in the EU....

  15. Mother-adolescent conflict in African American and European American families: the role of corporal punishment, adolescent aggression, and adolescents' hostile attributions of mothers' intent.

    Science.gov (United States)

    MacKinnon-Lewis, Carol; Lindsey, Eric W; Frabutt, James M; Chambers, Jessica Campbell

    2014-08-01

    The present study examined mothers' use of corporal punishment and adolescents' aggression as predictors of mother-youth conflict during early adolescence. Particular attention was given to the potential mediating role that adolescents' hostile attributions of intent (HAI) regarding mothers' behavior might play in connections between corporal punishment, youth aggression, and mother-adolescent conflict for European American (EA) and African American (AA) youth. Data were collected from 268 12- to 14-year-olds (154 European American; 114 African American; 133 girls; 135 boys) and their mothers over a period of 2 years. Questionnaires completed by both mothers and adolescents were used to assess maternal corporal punishment and adolescent aggression, and interviews concerning hypothetical situations were used to assess adolescent HAI in year one. In both year one and year two mother-adolescent conflict was observed in a laboratory interaction session. Data revealed that adolescent HAI mediated the link between maternal corporal punishment and mother-adolescent conflict for EA, but not AA youth. Adolescents' HAI mediated the link between adolescent aggression and mother-adolescent conflict for both EA and AA families. Published by Elsevier Ltd.

  16. The reversal of the burden of proof in the Principles of European Tort Law
    A comparison with Dutch tort law and civil procedure rules

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2010-01-01

    Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.

  17. You told me, Right? - Free and Informed Consent in European Patent Law

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Hellstadius, Åsa

    2017-01-01

    rules should be understood in the light of the development in health law and fundamental rights law where FIC has long been a central concept which is e.g. recognized in the EU’s Charter on Fundamental Rights. Against that basis, we suggest that patent law and patent practices have so far not fully......-compliance would amount to not only a violation of legal rules but also amount to a serious violation of principles of ordre public or morality in line with current patent law standards....

  18. Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 1

    NARCIS (Netherlands)

    Weber, D.

    2013-01-01

    This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1 addresses the

  19. Abuse of Law in European Tax Law: An Overview and Some Recent Trends in the Direct and Indirect Tax Case Law of the ECJ - part 2

    NARCIS (Netherlands)

    Weber, D.

    2013-01-01

    This article examines the right of Member States to combat abuse, as defined in ECJ case law, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 1, which was

  20. SELECTED PROBLEMS OF LAKES MANAGEMENT IN POLISH WATER LAW RELATED TO THE DIFFERENCES BETWEEN POLISH AND EUROPEAN UNION LEGISLATION

    Directory of Open Access Journals (Sweden)

    MARSZELEWSKI M

    2015-03-01

    Full Text Available Proper management of water resources has got significant social and economic dimension. For this reason, it is an essential element of almost every national law, European Union law, and also international law in a broad sense. Legislative authority, during legislature process, should allway s balance private and public interests to adopt compromised solutions. Furthermore these solutions must be determined mostly by hydrology to be appropriate to the nature of waters and environment. Because of mentioned issues, it is very undesirable state of affairs when law simply does not fit to the object of its regulation. In Water Law Act of 2001 Polish legislator classifies lakes, depending upon the type of watercourse (natural or man-made flowing into or out of the lake, among either flowing water or stagnant one. This regulation is against hydrological classification of lakes. Moreover this legal act introduces different treatment of dammed lakes in the context of public access to the lakeshores. Indicated problems have got significant impact on many aspects such as ownership of lakes, obligations of the owners of the lakes, lakes and environmental protection and, mentioned above, right to public acces to the lakes.

  1. Foreign direct liability and beyond. Exploring the role of tort law in promoting international corporate social responsibility and accountability

    NARCIS (Netherlands)

    Enneking, L.F.H.

    2012-01-01

    Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. Increasingly, individuals and communities from developing host countries who have been detrimentally

  2. EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

    Directory of Open Access Journals (Sweden)

    Andrei Emil Moise

    2014-11-01

    Full Text Available The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees’ rights, but also the fact that compliance with employees’ rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.

  3. European Non-Discrimination Law : A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

    NARCIS (Netherlands)

    Speekenbrink, S.

    2012-01-01

    Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)

  4. The Scope of State Aid and Public Service Obligation for Airports and Air Carriers in the Light of European Law

    Directory of Open Access Journals (Sweden)

    Grzegorz Zajac

    2015-10-01

    Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.

  5. Concurring Regulation in European Forest Law; Forest Certification and the New EU Timber Regulation

    NARCIS (Netherlands)

    Kistenkas, F.H.

    2013-01-01

    Newly made EU Timber Regulation (EUTR) may prima facie look like competing regulation and an overlap of the existing forest certification schemes of FSC and PEFC as also EUTR combats illegally harvested timber. The novel EUTR, however, is a public law scheme wheras FSC and PEFC are private law

  6. Fundamental Rights and Humaneness in European Private Law : The Case of Health Care

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora

    2016-01-01

    An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following

  7. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  8. The international aspects of the European common consolidated corporate tax base (CCCTB) and their interaction with third countries

    OpenAIRE

    Ali, Eid Ashry Gaber

    2013-01-01

    This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University. The thesis examines the international taxation rules of the Common Consolidated Corporate Tax Base (CCCTB) and their interaction with third-country corporate tax practice. The aim is to assess the effectiveness of the CCCTB vis-à-vis third countries, with Egypt as a practical example. The CCCTB has the potential to reduce corporate tax obstacles faced by businesses in the EU in having to comp...

  9. the right to GOOD ADMINISTRATION IN THE Court of Justice of the EUROPEAN Union CASE LAW

    Directory of Open Access Journals (Sweden)

    Elisabeta SLABU

    2017-06-01

    Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.

  10. The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

    Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

  11. Europol’s Cybercrime Centre (EC3), its Agreements with Third Parties and the Growing Role of Law Enforcement on the European Security Scene

    DEFF Research Database (Denmark)

    Vendius, Trine Thygesen

    2015-01-01

    The European Cyber Crime Centre, EC3, established under the umbrella of Europol, started operations on January 1 2013. It is to act as the focal point in the fight against cybercrime in the European Union. Using a “shared, cross-community approach” the EC3 is concluding partnerships with member...... states, European agencies, international partners and the private sector. This article describes the coming about of EC3 and its efforts to address cybercrime. Furthermore, the article is an attempt to assess the growing role of the European law enforcement community on the European security scene...

  12. The debate on law propositions about energy by the European Commission

    International Nuclear Information System (INIS)

    Kerebel, C.

    2008-01-01

    After a presentation of the third Energy Package put forward by the European Commission on the 19 September 2007, and a presentation of the European Strategic Energy Technology Plan (SET-Plan) presented by the Commission on the 22 November 2007, the author more precisely presents the contents of the European Union Energy and Climate Package of January 2008. Several aspects are addressed: renewable energies, greenhouse gas emissions, carbon capture and storage, and public aids for these different themes. A graph gives a description of the co-decision procedure

  13. On financial losses, prospectuses, liability, jurisdiction (clauses) and applicable law : European Court of Justice 28 January 2015, Case C-375/13 (Kolassa/Barclays Bank)

    NARCIS (Netherlands)

    Arons, T.M.C.

    The difficult question of where financial losses are directly sustained has been (partly) solved by the European Court of Justice on 28 January 2015. In Kolassa the ECJ ruled that an investor suffers direct financial losses as a result of corporate misinformation (i.e. misleading information

  14. The board of directors in listed companies under the corporate governance system in Saudi law as compared to English law and global standards

    OpenAIRE

    Alamri, Khalid; Milman, David; Lawton, Philip

    2018-01-01

    Saudi Arabia has a unique environment in terms of its political, economic, legal and judicial aspects which have some anomalous characteristics that create challenges for corporate governance. Further challenges are presented by the current structure of listed companies and by Saudi Arabia’s Vision for 2030.1 This environment significantly influences the role of the board of directors in listed companies and increases its role in safeguarding the interests of different shareholders and stakeh...

  15. Financing of nuclear power plant decommissioning. A study from the point of view of German and European economic law

    International Nuclear Information System (INIS)

    Jasper, M.

    2008-01-01

    The contribution outlines legal problems from the view of national and European law. It presents alternative funding models and investigates their legal applicability. For example, funds may be established with obligatory contributions by nuclear power plant operators. A model of this type was proposed by the EU Commission. The authors discuss whether the EU Commission has the right at all to make this proposal, and what legal problems may arise in Germany, e.g. the right of property of public utilities. Other funding models are presented and investigated as well. (orig.)

  16. The Risk Based Approach in the New European Anti-Money Laundering Legislation: a Law and Economics View

    OpenAIRE

    D. Masciandaro; L. Dalla Pellegrina

    2013-01-01

    In 2005 the European Commission adopted the Third Directive on Anti-Money Laundering (AML), which was to be implemented into national laws at the latest by December 2007. The key feature that characterizes the Third Directive is the idea that the regulatory framework should be risk-based (RBA). The aim of this regulation is to elicit a high level of outcome in terms of AML effectiveness from self-interested financial institutions (FIs) who hold private information. In this paper we study how ...

  17. Allergens in law - European legislation assessed against the preferences of food allergic consumers

    NARCIS (Netherlands)

    Hendriks, M.J.; Frewer, L.J.; Meulen, van der B.M.J.

    2011-01-01

    This article reviews current European legislation concerning allergens and their labelling, in particular in relation to the need to optimise consumer protection and improve the quality of life of food allergic consumers. Adequate communication concerning the presence of (potentially) allergenic

  18. Piercing the corporate veil in swedish law : points of view de lege lata and de lege ferenda

    OpenAIRE

    Sundby, Anna

    2000-01-01

    The basic principle for limited companies is that the owners are not liable for the debts of the company. To protect the creditors of the company, however, a theory of personal liability for the owners has evolved, the so called piercing the corporate veil theory. For decades there have been disagreements wether or not it would be motivated to legislate the theory of piercing the corporate veil, and what this legislation might look like. The basic problems in my essay are: Is there a need to ...

  19. The law of radiation protection in the member states of the European Community. Vol. 2

    International Nuclear Information System (INIS)

    Bischof, W.; Pelzer, N.

    1983-01-01

    After a first publication concerning the law of radiation protection in the Benelux Countries in volume II the law of radiation protection in the Federal Republic of Germany is represented. The investigation which compares the different laws discusses not only the substantive bases and repercussions of the provisions of radiation protection; the commission furthermore is interested to examine to what extent it was successful to bring the national provisions of radiation protection into one line with each other on the basis of the fundamental standards of Euratom. Apart from a comprehensive discussion of the provisions of radiation protection and of the organization of radiation protection critical annotations are made to some topics. The volume consists of the following chapters: development, fundamentals, principles and definitions, organization of radiation protection, nuclear installations, radioactive substances and waste, protection and population and environment, internal radiation protection, medical supervision, radiation on foodstuffs and radiopharmaca, legal provisions governing fines and penalties. (orig./HSCH) [de

  20. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  1. Obligations to power supply and Antitrust Law of the European Community; Strombezugsverpflichtungen und EG-Kartellverbot

    Energy Technology Data Exchange (ETDEWEB)

    Lerch, Dirk

    2008-07-01

    In the European electricity supply industry, a change to competition-oriented national markets under development of a common European electricity market is observed for some years. Under this aspect, the author of the contribution under consideration reports on obligations to the current power supply and on the trust prohibition in the European Community. The contribution under consideration consists of the following three chapters: (a) Discussion of fundamental questions regarding to cartel legal evaluation of obligations to power supply; (b) Conditions of the art. 81 sect. 1 EEC and application to obligations for power supply; (c) Exemption from the obligation to power supply according to art. 1 sect. 3 EEC. In particular, the regulation of the group exemption for vertical agreements of 22nd December, 1999, is considered.

  2. Conferring of contracts by utilities in the Single European Market. Transposition of the sectoral directive where it concerns construction and delivery orders into German law

    International Nuclear Information System (INIS)

    Pick, H.; Wetzel, U.

    1994-01-01

    After the enactment of the Second Law Amending the Law on Budgetary Principles, the Ordinance on the Confering of Contracts, and the Ordinance on Verification; and the amendment of the ordinances on the placing of construction and delivery orders (VOB and VOL) the European Directives on so-called ''public'' tendering can be said to be transposed into German law as far as they concern construction and delivery orders. This means that as of 1 March 1994 besides the ''classical'' public contractors utilities, too, must invite bids Europe-wide. According to European law this also applies to service orders as of 1 July 1994, but this provision still awaits transposition into German law. (orig.) [de

  3. Comparing the Law and Governance of Assisted Dying in Four European Nations

    NARCIS (Netherlands)

    McCann, Adam

    2015-01-01

    This article provides a comparative law and governance insight to assisted dying in England, France, Switzerland and the Netherlands, bringing together empirical studies of regulation and normative thinking about the role of the state. It follows the ‘new governance’ scholarly effort to challenge

  4. Paradigm shift in European intellectual property law? From Microsoft to Linux

    NARCIS (Netherlands)

    Guibault, L.

    2006-01-01

    The author Lucie Guibault analyzes the phenomenon of "open source" software and its impact on copyright and patent law. These software are freely distributed on the Internet and their modification and redistribution are encouraged. However, selling or commercializing such software is highly

  5. The protection of the weak party in a harmonised European contract law: a synthesis

    NARCIS (Netherlands)

    Hondius, E.H.

    2004-01-01

    Protecting the weak party has been one of the cornerstones of the development of contract law over the past century. An enduring intellectual debate sets those who would advocate a less interventionist model against those – including the present author – who remain wedded to the virtues of

  6. Overriding Mandatory Rules as a Vehicle for Weaker Party Protection in European Private International Law

    NARCIS (Netherlands)

    L.M. van Bochove (Laura)

    2014-01-01

    markdownabstract__Abstract__ The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are

  7. Security of energy supply under the laws of the European Union / European Community; Energieversorgungssicherheit im Recht der Europaeischen Union, Europaeischen Gemeinschaft

    Energy Technology Data Exchange (ETDEWEB)

    Proefrock, M.C.

    2007-07-01

    Security of supply is defined as the availability and reliability of energy supply at acceptable prices. By security of energy supply we mean a globally large supply of reliable, affordable, clean energy. By virtue of its nature security of supply in the energy sector primarily requires making provisions for the future through exploration, innovation, research, diversification and investments in technology. Energy politics takes place in a tension field defined by the goals of economic efficiency, sustainability and security of supply. In the past there have been repeated shifts within this triad of goals. The task for a rational energy policy is to reconciliate these goals in a meaningful way. European energy policy is understood to comprise all sovereign measures taken by the European Union in the energy sector, in particular measures that impact on the supply and demand for energy resources. Energy law serves, or should serve, to bring energy policy to realisation and therefore presupposes the existence of the latter. Energy policy means the figuration of an economy's energy sector in such a manner that the present and future demand of the economic region is covered.

  8. Some Aspects of International Children Abduction - Theoretical and Practical Approach from the Perspective of the European Law and Judicial Practice

    Directory of Open Access Journals (Sweden)

    Gabriela Lupşan

    2015-05-01

    Full Text Available Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or European regulations (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is supplemented by Regulation (EC no. 2201/2003 of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, (prevailing the latter and national ones (Law no. 63/2014 amending and supplementing Law no. 369/2004 on the application of the Convention on the Civil Aspects of International Child Abduction which Romania adhered to by the Law no. 100/199, the legislator sought to ensure the prompt return of children abducted in the Member State of origin, the objective being the same: discouraging underage child abduction by a parent or by third parties, usually relatives and, in case of committing an act of international abduction of minors, ensuring the best interests of the child through the cooperation of the competent authorities in the field. The structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors, regulations, procedure for solving the request, the competent authorities and practical aspects, without neglecting the interpretation given by the Court of Justice of the European Union of some texts from the Regulation.

  9. DIVERSITY AND INTEGRATION OF EUROPEAN COMMUNITY BUSINESS LAW IN THE CONTEXT OF BUSINESS ACTIVITY

    OpenAIRE

    Filip GRZEGORCZYK

    2009-01-01

    In the future, European Union is to become a single economic zone. Achieving this goal requires creating good and unified legal grounds for business, which presently are lacking. This paper describes the main problems with conducting business across-borders, evaluates current EC business legislation and formulates some de lege ferenda ideas.

  10. Sexual Orientation Discrimination in the European Union : National Laws and the Employment Equality Directive

    NARCIS (Netherlands)

    Waaldijk, C.; Bonini-Baraldi, M.T.

    2006-01-01

    Since 2003 the Employment Equality Directive (2000/78/EC) requires Member States of the European Union to prohibit sexual orientation discrimination in the field of employment. This book assesses to what degree the Directive’s requirements have been met by the twenty-seven Member States. The authors

  11. The evolution of the ecological policy and the environmental law of the European community

    International Nuclear Information System (INIS)

    Dietinger, A.

    1998-08-01

    This thesis is structured chronologically starting with the origins of a European environment policy. These origins can be found in the foundation treaty of the European Community but are not explicitly codified. The thesis shows that the emphasis on economics in the European Community turned from acceptance of an environment policy as a marginal phenomenon to valuation of environmental policies as a principle of its own. The focus is on the contents of the EC Trial. The normative structure on which the environmental policy is built on aims of making clear that not only political declarations without any codification are made, but that the environment is a field of community activity to be taken seriously. Special attention is given the aim of economic growth and its incompatibles environmental policies. Convergence can only be reached if EC Member States use their potential of cooperation and are ready to make their contribution. A special chapter deals with the competence of member states concerning environmental policies. As contracting partners to GATT, member states of the European Union represent a very large portion of world trade, we have to make sure environmental policy is given the right place it deserves in free world trade. A summary and final reflections are included in the last part of the thesis. (author)

  12. Evading the Burden of Proof in European Union Soft Law Instruments : The Case of Commission Recommendations

    NARCIS (Netherlands)

    Andone, C.; Greco, S.

    2018-01-01

    The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring

  13. GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

    Directory of Open Access Journals (Sweden)

    NOREL NEAGU

    2012-05-01

    Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

  14. The Unification of Terminology in Terms of Impact of Employees on Decisions Taken in European Business Entities and Polish Law

    Directory of Open Access Journals (Sweden)

    Giedrewicz-Niewińska Aneta

    2017-12-01

    Full Text Available One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace.

  15. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  16. Transfer Pricing in the European Union

    Directory of Open Access Journals (Sweden)

    Gheorghe MATEI

    2011-04-01

    Full Text Available The transfer pricing mechanism is a tool commonly used to transfer the tax base from countries with high taxation in countries with low taxation. In the European Union, this financial operations generate significant tax revenue losses. In an attempt to limit the handling of corporate tax systems, many public authorities have introduced regulations on transfer pricing, but the effectiveness of these rules has proved limited, and they contributed to the increasing complexity of tax laws and to the appearance of additional costs for companies. A solution to the solving of the transfer pricing problem in the European Union is represented by the introduction of the common consolidated corporate tax base.

  17. Integrated environmental protection obligations under European law, survey analysis of Austrian legislation

    International Nuclear Information System (INIS)

    Berthaler, W.

    2001-05-01

    This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)

  18. Understanding contract under the law of Lithuania and other European countries

    OpenAIRE

    Tikniūtė, Agnė; Dambrauskaitė, Asta

    2011-01-01

    Contract theories may be a useful analytical tool for understanding and explaining contract, as well as for facilitating orientation in a complex and often fragmented legal regulation. The article presents main understandings of contract in various European jurisdictions: contract as free assumption of obligation, contract as a bargain based on the idea of consideration, contract as free assumption of obligation based on sufficient causa. The article inquires as to how universal those theorie...

  19. Protection of crime victims by legal means: International and European law and policy

    OpenAIRE

    Groenhuijsen Marc

    2015-01-01

    The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described...

  20. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
    A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

    Directory of Open Access Journals (Sweden)

    Susanne D. Burri

    2013-01-01

    Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

  1. Nuclear power use backed by EURATOM law. European Court of Justice ruling points the way ahead in cross-border litigation

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)

  2. Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

    Directory of Open Access Journals (Sweden)

    Arie Trouwborst

    2011-06-01

    Full Text Available The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

  3. Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

    Directory of Open Access Journals (Sweden)

    Arie Trouwborst

    2011-06-01

    Full Text Available  The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

  4. Assessing the Inventiveness of Bio-Pharmaceuticals under European and US Patent Law

    DEFF Research Database (Denmark)

    Minssen, Timo

    , is utterly wrong, since any DNA and the information it contains is the embodiment of the code of life and should be regarded part of the common heritage of mankind. Some patent opponents go even further and argue for a prohibition of patents on proteins. Others, and in particular the life science industry...... specifically, it investigates how the European and US patent systems interpret and apply the so called "inventive step" (Europe) or "non-obviousness" requirement (U.S.) vis-à-vis bio-pharmaceutical technology with a special emphasis on DNA-and protein related inventions. In addition to evaluating the de lata...

  5. The review of constitutional norms concerning local public administration in the view of the European Commission for Democracy through Law (Venice Commission)

    OpenAIRE

    Apostolache, Mihai

    2015-01-01

    The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...

  6. Reproductive medicine and the law: egg donation in Germany, Spain and other European countries.

    Science.gov (United States)

    Romeo Casabona, Carlos María; Paslack, Rainer; Simon, Jörgen W

    2013-01-01

    This paper analyzes the key legal issues raised by Reproductive Medicine practiced in Europe, with special attention to the rules prevailing in countries such as Germany and Spain. Thus, the paper involves a detailed study of the regulation in force in those countries, comparing their solutions with the rules adopted in other EU countries. It also highlights the high risk of com-modification in oocyte donation. In light of this, the differences between the laws of EU countries -some of them, very restrictive with prohibitions or requirements for recipient women and others more permissive with the use of reproductive technologies- can lead to a "reproductive tourism" between countries, as indeed is happening nowadays.

  7. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice.

    Science.gov (United States)

    Zampas, Christina; Andión-Ibañez, Ximena

    2012-06-01

    The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations

  8. DNA and Law Enforcement in the European Union: Tools and Human Rights Protection

    Directory of Open Access Journals (Sweden)

    Helena Soleto Muñoz

    2014-01-01

    Full Text Available Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States’ DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.

  9. [Analysis of difficult problems on European Union laws and regulations of traditional herbal medicinal products].

    Science.gov (United States)

    Qu, Li-Ping; Zhang, Xiao-Qun; Xiong, Yan; Wang, Yi-Tao; Zou, Wen-Jun

    2017-10-01

    Registration of Chinese patent medicine in European Union (EU) is of great significance to the internationalization of traditional Chinese medicine as EU market acts as an important position in the global botanical market. In retrospect, the domestic studies on EU regulations of traditional herbal medicinal products have been conducted for more than 10 years, but there is still some cognitive bias and lack of research. In this paper, a review of the relevant research progress and the main misunderstanding problems about Directive 2004/24/EC, like the centralized and decentralized supervision system of traditional herbal medicinal products in the EU, marketing authorization procedures for traditional herbal medicinal products, Community Herbal Monograph and List Entries, would be systematically analyzed, so as to provide reference for the registration of Chinese patent medicine in EU. Copyright© by the Chinese Pharmaceutical Association.

  10. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  11. Protection of crime victims by legal means: International and European law and policy

    Directory of Open Access Journals (Sweden)

    Groenhuijsen Marc

    2015-01-01

    Full Text Available The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument on minimum rights for crime victims in the criminal justice system. This document brought some improvement to victims and their position compared to the UN Declaration, particularly in terms of limit repeated questioning, advanced informational rights, reimbursement of expenses and construction of court facilities. Nevertheless, evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. This document was replaced with the new one - the EU Directive on establishing minimum standards on the rights, support and protection of victims of crime. It is stronger instrument than the Framework Decision and it includes more demanding standards. But, its implementation needs to be monitored. Therefore, in the presentation it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that “hard law” is always more effective than “soft law”. The most recent generation of more elevated rights run the risk of leading to “victim fatigue” on the part of the officials responsible for the operation of the criminal justice system.

  12. La riforma della società per azioni nel pensiero di Sylos Labini e dei suoi contemporanei (Corporate Law Reform in Sylos Labini’s Thought and His Contemporaries’

    Directory of Open Access Journals (Sweden)

    Mario Stella Richter

    2016-06-01

    Full Text Available he article describes corporate law in Italy in the Postwar period, as viewed by Paolo Sylos Labini and Tullio Ascarelli. This is the revised version of a speech given at the conference "Paolo Sylos Labini e la politica delle riforme", held at Sapienza University of Rome on 04 December 2015, organized by the Accademia dei Lincei and Economia civile.

  13. Biomedically assisted reproduction and child birth: Surrogate motherhood in comparative European law and Serbia

    Directory of Open Access Journals (Sweden)

    Kovaček-Stanić Gordana

    2013-01-01

    Full Text Available Surrogate motherhood is an arrangement in which a woman agrees to carry and deliver a child for another couple who ordered the pregnancy. This procedure is applied today in Great Britain, Holland (although without legal regulations, Israel, Greece, Ukraine, Armenia, Georgia, the USA and Australia, and it is forbidden in France, Austria, Spain, Germany, Switzerland and Slovenia. There are two types of surrogacy, one when the woman gives birth to a child who is genetically her own ("partial", genetic surrogacy, and the other where the surrogate mother only carries and gives birth to a child, whereby the child is genetically from the couple that wanted the child, or the fertilized egg is from a third woman (donor, or the embryo was donated ("full", "total", gestational surrogacy. In these cases two women take part in conception and birth of the child while in the last case there is a third woman who will raise the child. Biologically observed, the woman whose egg has been fertilized may be called the genetic mother, while the woman who carried the pregnancy and gave birth to the child - the gestational carrier. Taking into consideration that the Preliminary Draft of the Serbian Civil Law anticipates the introduction of surrogate motherhood into domestic law, we believe restrictive solutions should first be taken into consideration. This would mean that only full surrogating should be allowed, namely the egg should be from the woman who wants the child and not the surrogate mother. In domestic conditions, genetic surrogation should not be allowed as it leads to confusion in family relations, and kinships still have an important social and legal significance in our country. The surrogate mother should be a woman who has already given birth, because in that way any possible shocks which might arise after birth when the woman who has to handover the child to the intended couple would be avoided. The next condition would be that persons involved in this

  14. Thank You For Smoking! Assessing the Influence of Corporations and Activists on Tobacco Legislation in 22 European Countries

    NARCIS (Netherlands)

    Kuijpers, Johannes Cornelis; van den Broek, Tijs Adriaan; Ehrenhard, Michel Léon; Need, Ariana

    2016-01-01

    There are significant cross-national difference in tobacco legislation across European countries. Tobacco activism and the counter mobilized tobacco industry may influence legislation and explain these differences. Social movement theories extensively studied the political influence of activists

  15. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  16. The historical development of corporate- and property law in Macedonia until Communism as part of the Kingdom of Serbs, Croats and Slovenes

    Directory of Open Access Journals (Sweden)

    Endri Papajorgji

    2015-07-01

    Full Text Available Macedonia is a candidate state for EU Membership. During Communism, Macedonia followed the communist pattern (as a consequence of the system of selfadministration of workers as part of the Yugoslav Federation and the transition process in the beginning of the 90’s was followed by a fundamental change not only in the whole economic system but in the whole society. But before the transition, with the coming of Communism, Macedonia as part of the Yugoslav Federation followed the Soviet pattern from 1945-1951 with: nationalization of major enterprises, state direction of investment and production through a series of Five-Year Plans, emphasis on heavy industry and collectivization of agriculture. After 1951, Macedonia followed its own system with the selfadministration of workers a mix of central planning- and free market economy until 1990. The problem with transition in Macedonia after 1990 was closely connected with the extent and form of implementation of economic reforms and especially privatization, because some enterprises had at least to be transformed, others restructured and others had to be completely liquidated. Another problem with transition was closely connected with two questions: the question of economics and the question of politics. In fact, it can be argued that what has happened in Albania and Macedonia, but also in all post-communist Balkan states and the new countries that have emerged since 1989, is historically unique (Papajorgji 2013. But before the transition, and Communism, lie some very important questions which will be analyzed in this paper: What tradition and family law followed Macedonia before Communism? How did this tradition of law especially in the field of corporate and property law affect the new democratic legal system of Macedonia? These are the main objectives of this article.

  17. Obrigações empresariais no Novo Código Civil Corporate law and the New Brazilian Civil Code

    Directory of Open Access Journals (Sweden)

    Ligia Paula Pires Pinto Sica

    2008-06-01

    Full Text Available Tendo em vista a promulgação do novo código civil brasileiro, que reúne dispositivos que revogam o antigo código civil de 1916 e a maioria dos capítulos do código comercial de 1850, unificando-os, é importante que se frise que remanesce a diferenciação entre as matérias de direito civil e comercial, de acordo com suas lógicas peculiares. Sendo assim e tendo o novo código introduzido diversas normas de caráter geral, este trabalho pretende discutir o papel do juiz e da jurisprudência na aplicação dessas normas de maneira casuística, dando-lhes tratamentos distintos de acordo com os fatos apresentados em juízo, de forma a manter a autonomia das áreas do direito mencionadas e garantir aos agentes econômicos o grau de segurança e previsibilidade necessário às suas atuações no mercado.In regard of the enactment of the New Brazilian Civil Code, that unifies the issues treated in the old civil code from 1916 and on the majority of the chapters of the commercial code from 1850, it's important to insist that the differences between the civil and commercial law remains, according to their peculiar logics. Asitis, and as the new code brought several rules of general character, this paper intends to discuss the role of the judge and jurisprudence in the civil law system, by interpretating those rules in a casuistic manner, giving them different treatments, according to the presented facts during litigation, in a way to maintain the autonomy of the law areas mentioned above and guarantee to the economic agents the level of certainty and previsibility, needed to exercise their activities in the market.

  18. Provision of financial services, violation of public law conduct of business rules, and private law norm settinga Dutch, German, and European perspective

    NARCIS (Netherlands)

    Wallinga, Marnix

    2014-01-01

    Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to

  19. Peter Van Elsuwege and Roman Petrov, eds. Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space?

    Directory of Open Access Journals (Sweden)

    Andriy Tyushka

    2016-02-01

    Full Text Available Peter Van Elsuwege and Roman Petrov, eds. Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? London and New York: Routledge, 2014. xxx, 268 pp. Notes on Contributors. Preface by Marc Maresceau. Foreward by Kostiantyn Yelisieiev. Illustrations. Informative table and list. Index. $145.00, cloth.

  20. Choosing between CISG and CESL: a comparison between the Common European Sales Law and the Vienna Sales Convention from the perspective of commercial parties

    NARCIS (Netherlands)

    Loos, M.B.M.; Jurčová, M.; Štefanko, J.

    2013-01-01

    If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between this instrument and the Vienna Sales Convention (CISG) to regulate their cross-border commercial sales contracts. In this paper, a comparison is made between the two international legal

  1. The Kadi Saga as a Tale of 'Strict Observance’ of International Law : Obligations Under the UN Charter, Targeted Sanctions and Judicial Review in the European Union

    NARCIS (Netherlands)

    Larik, J.E.

    2014-01-01

    This article addresses the question whether the European Union defaulted on the ‘strict observance’ of international law and ‘respect’ for the UN Charter, which are now express objectives of the EU following the Lisbon reform, in the course of the famous Kadi cases. With the final appeals judgment

  2. Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Bernd

    2009-07-01

    The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

  3. European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

    Science.gov (United States)

    Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

    2015-08-28

    Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

  4. Non-Standard Workers: The South African Context, International Law and Regulation by The European Union

    Directory of Open Access Journals (Sweden)

    ES Fourie

    2008-12-01

    Full Text Available The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, part-time work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

  5. Issues in networking and research funding for the European Association of Health Law.

    Science.gov (United States)

    Townend, David; Duguet, Anne-Marie

    2008-09-01

    All academics, perhaps with the exception of those who are hermits with independent private means, are concerned with questions of networking and research funding. The nature of academic life is to search out new ideas and revisit old ones, and to discuss these ideas with others. This requires networks of colleagues and funding to provide the basic resources of time and literature. This may be at the local level, but increasingly the expectation is that these activities should become more and more elaborate; our networks are now international, and our time and resources cost ever increasing amounts which, for many if not most academics, must be found outside the general budget of the home University. Our success as academics is measured, in increasing part, on our ability to show our networking and external funding credentials. There is a more resounding reason to pursue both networking and externally funded research: through such projects the experience of each individual can be increased such that the result is far greater than one could achieve alone. Networking and external funding are not ends in themselves, but they can and should be a great enhancement to academic life and contribution. None of this is news or a novel claim; it is simply today's environment. This paper considers some opportunities for how networking and externally funded research might help the EAHL to realise its aims in developing the discipline of health law. We, as authors, do not claim any special expertise in the area, and readers are quite justified in thinking "who are they to talk to us about what we clearly know much more about?" However, we were asked to start a discussion at the inaugural conference of the Association, and the thoughts that we present now were designed to do that. It is a discussion which will form one of the early activities of the Association. Here the paper is divided first issues concerning networking, and second those concerning research funding from sources

  6. The Corporations Act 2001

    OpenAIRE

    Bostock, Tom

    2002-01-01

    The author outlines reforms made in Australia in the area of company law with an analysis of the Corporations Act 2001, which along with the Australian Securities and Investments Commission Act 2001 comprises Corporations legislation in Australia. Article by Tom Bostock (a partner in the law firm Mallesons Stephen Jaques, Melbourne, Australia). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by...

  7. Corporate against corporate management

    OpenAIRE

    Runcev, Nikolce; Krstev, Boris; Golomeova, Mirjana

    2010-01-01

    In contemporary economic performance, corporate governance is considered an essential prerequisite in building a successful system for creating an attractive investment climate, which is characterized by competing companies oriented and efficient financial markets. Good corporate governance is based on principles of transparency, bias, efficiency, timeliness, completeness and accuracy of information at all levels of management. Companies with good corporate governance and afford easier acc...

  8. Corporate Responsibility

    DEFF Research Database (Denmark)

    Waddock, Sandra; Rasche, Andreas

    2015-01-01

    We define and discuss the concept of corporate responsibility. We suggest that corporate responsibility has some unique characteristics, which makes it different from earlier conceptions of corporate social responsibility. Our discussion further shows commonalities and differences between corporate...... responsibility and related concepts, such as corporate citizenship and business ethics. We also outline some ways in which corporations have implemented corporate responsibility in practice....

  9. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  10. Is There Any Evidence on the Existence of an Environmental Taxation Kuznets Curve? The Case of European Countries under Their Rule of Law Enforcement

    Directory of Open Access Journals (Sweden)

    Concetta Castiglione

    2014-10-01

    Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.

  11. Energy key performance indicators : a european benchmark and assessment of meaningful indicators for the use of energy in large corporations

    OpenAIRE

    Friedrichs, Katja

    2013-01-01

    This study aims to identify and analyze energy key performance indicators among large European companies. Energy usage has become a very meaningful topic for both internal management as well as external stakeholders of a company. A review of current literature suggests that while environmental indicators in general have found broad attention and plenty of theories concerning good and meaningful indicators are published, no study investigating actually applied energy indicators ...

  12. Corporate responsibility

    DEFF Research Database (Denmark)

    Jensen, Karsten Klint

    2007-01-01

    Is it legitimate for a business to concentrate on profits under respect for the law and ethical custom? On the one hand, there seems to be good reasons for claiming that a corporation has a duty to act for the benefit of all its stakeholders. On the other hand, this seems to dissolve the notion...... of a private business; but then again, a private business would appear to be exempted from ethical responsibility. This is what Kenneth Goodpaster has called the stakeholder paradox: either we have ethics without business or we have business without ethics. Through a different route, I reach the same solution...

  13. THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Jasmina Alihodžić

    2014-01-01

    Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement.

  14. THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Jasmina Alihodžić

    2014-01-01

    Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement

  15. Corporate environmental responsibility – a key determinant of corporate reputation

    OpenAIRE

    Cristina Ganescu; Laura Dindire

    2014-01-01

    This paper aims to determine the trend of the relationship between corporate environmental responsibility and corporate reputation by focusing on a study of the European automotive sector. The starting point of our research is content analysis of the sustainability or social responsibility reports published in 2010, 2011, and 2012 by 13 businesses operating in the European automotive industry. Content analysis was carried out in order to identify the indicators used to assess corporate enviro...

  16. TRANSNATIONAL JUDICIAL AND NON-JUDICIAL REMEDIES FOR CORPORATE HUMAN RIGHTS HARMS: CHALLENGES OF AND FOR LAW

    Directory of Open Access Journals (Sweden)

    Sara L Seck

    2013-02-01

    Le présent document examinera si l’approche polycentrique en matière de gouvernance adoptée par les Principes directeurs relatifs aux entreprises et aux droits de l’homme, publiés par les Nations Unies en 2011, peut permettre de réaliser l’objectif de la conformité transnationale des entreprises aux responsabilités en matière de droits de la personne, notamment et surtout l’objectif de l’accès aux recours et à la justice pour les parties lésées. Au départ, le document avait été rédigé à titre de contribution à une conférence à l’Université de Windsor intitulée Justice Beyond the State: Transnationalism and Law. Le document se penche tout d’abord sur la compréhension des termes « citoyenneté » et « non-citoyenneté » en ce qui concerne la responsabilité transnationale des entreprises dans le contexte des droits de la personne. Deux perspectives distinctes sont étudiées : premièrement, la citoyenneté et la non-citoyenneté transnationales des entreprises et les droits et responsabilités qui en découlent; deuxièmement, la citoyenneté et la non-citoyenneté des victimes de violations des droits de la personne par rapport aux droits d’accès aux recours. Ensemble, ces perspectives éclairent une compréhension du rôle que le droit transnational et le pluralisme juridique au-delà de l’État pourraient jouer pour faciliter les recours en cas de violation des droits de la personne. En particulier, le document présentera en conclusion des réflexions sur ce qui pourrait être requis pour mettre en œuvre les Principes directeurs des Nations Unies de manière à réaliser l’objectif de la conformité transnationale des entreprises et de l’accès aux recours pour les personnes dont les droits ont été violés

  17. MECHANISM TRANSFER PRICING AND THE NEED INTRODUCTION COMMON CONSOLIDATED CORPORATE INCOME TAX TRANSNATIONAL

    Directory of Open Access Journals (Sweden)

    Gheorghe Grigorescu

    2013-06-01

    Full Text Available Transfer pricing mechanism is a tool commonly used to transfer the tax base in countries with high tax countries with lower taxation. In the European Union the financial operations generate tax revenue losses. In an attempt to limit manipulation by corporate tax systems, many public authorities have introduced transfer pricing rules, but these rules has shown limited efficacy, however, contribute to the increasing complexity of tax laws and the emergence of additional costs for companies. This paper deals with the concrete examples, the solution to solving the problem of transfer pricing in the European Union by the introduction of common consolidated corporate income tax.

  18. [Clause of conscience implemented in competition law medical in Poland in the context of the implementation of the European Convention on Human Rights].

    Science.gov (United States)

    Radlińska, Iwona; Kolwitz, Marcin

    Freedom of conscience and religion, also called conscience clause legislation is part of the inherent and inalienable rights of every human being and freedoms protected by the constitution as a fundamental principle of democratic countries working in the law. At international level, the most common piece of legislation on this issue is the European Convention on Human Rights of 4 November 1950, which Poland is a party. Pursuant to Art. 9 of the European Convention Poland is committed to the protection of freedom of thought, conscience and religion to every person under its jurisdiction, including the medical professions. In a special way to be protected by the freedom of conscience of physicians, dentists, nurses and midwives, as the conscience clause is written in the law governing the exercise of such professions in Poland.

  19. The Influence of European Law Concerning Gender Discrimination in Romanian Labor Market: Some Aspects of Women’s Migration in the EU

    Directory of Open Access Journals (Sweden)

    Gabriela GOUDENHOOFT

    2011-05-01

    Full Text Available Discrimination in employment is one of the problems that have not lost its actuality and discrimination of women, as a species of this principle is a problem that has interesting aspects in Romania. This paper proposes a series of conceptual approach, an attempt to define discrimination against women in employment, a content analysis, including issues of harassment and discrimination. An important part involves the attempt to highlight the sources of discrimination, as well as underlining the paradox that this category of people is not a minority. We want to underline the equality principle reflected by international law, European law, and Romanian legislation and several problems related to gender specificity on the labor market. We have analyzed the international legal framework, the European one (with the multitude of EU directives and the Romanian legislation on this area and I drew a number of conclusions on a few misconceptions of Romanian collective mind, regarded as sources of discrimination.

  20. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  1. La riforma della società per azioni nel pensiero di Sylos Labini e dei suoi contemporanei (Corporate Law Reform in Sylos Labini’s Thought and His Contemporaries’

    Directory of Open Access Journals (Sweden)

    Mario Stella Richter

    2016-07-01

    Full Text Available The article describes corporate law in Italy in the Postwar period, as viewed by Paolo Sylos Labini and Tullio Ascarelli.This is the revised version of a speech given at the conference "Paolo Sylos Labini e la politica delle riforme", held at Sapienza University of Rome on 04 December 2015, organized by the Accademia dei Lincei and Economia civile.JEL code: B31; K21; K23

  2. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  3. REFLECTIONS ON THE EVOLUTION OF MINOR'S RIGHTS IN CONFLICT WITH THE LAW IN THE EUROPEAN UNION: FROM THE NATIONAL REGULATIONS TO THE COMMUNITY REGULATIONS

    Directory of Open Access Journals (Sweden)

    Gheorghe, BONCIU

    2015-06-01

    Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.

  4. The liberalization of the European gas sector and the strategic positioning of firms: A dynamic approach for corporate competence building

    International Nuclear Information System (INIS)

    Avadikyan, A.; Amesse, F.; Cohendet, P.; Heraud, J-A.

    2002-01-01

    A framework to explain how competitive changes occurring in one sector can affect both the dynamics of required competencies and the frontiers with adjacent sectors is proposed. When applied to the natural gas sector, the results provide a better understanding of how competencies in the sector evolve according to the new market structure and the strategic movements engaged in by the different players. The proposed framework combines the two approaches -- evolution and strategy -- to show that a firm's competencies define both membership in a specific sector and its distinctiveness from its competitors. To define the strategic positioning process the concept of core competencies is introduced, i.e. competencies developed by firms through their specific history which, when combined in a specific manner with new competencies could give them sustainable competitive advantage. Finally, the authors explain the concept of dynamic capabilities, which rely on a set of organizational and strategic processes needed to integrate, develop and create new competencies in order to initiate, or to adapt to market changes. The final conclusion is that the recent liberalization of the European gas and power sectors weakened institutional entry barriers, a phenomenon which compelled operators traditionally protected by regional or national monopolies to compete with other potential actors. With specific reference to the gas, power and oil industries it is stated that if they had relatively clear frontiers in the past, these frontiers have now become increasingly permeable. However, this weakening of institutional barriers has a beneficial consequence: it allows companies to deploy strategies to take advantage of new growth and rent appropriation opportunities. Examples of adaptation by European oil companies, power companies and natural gas firms are used to illustrate the principles embodied in the proposed framework. 18 refs., 1 fig

  5. The role of the European Union in private law relations of organizations operating in the internal electricity or gas market in medium and small size Member States

    International Nuclear Information System (INIS)

    Nechvátal, Ivan; Pilavachi, Petros A.; Kakaras, Emmanuel

    2012-01-01

    This paper studies European Union (EU) legislation on private law relations for organizations operating in the internal electricity and gas market in medium and small size Member States. It consists of the analysis of both the EU primary (Treaties) and secondary (directives and regulations) legislation. A survey was sent to organizations operating in the internal energy market in four Member States: Greece, Czech Republic, Finland, and Malta. Through the survey, the paper identifies problematic areas of current EU legislation and compares them with new legislation applied as from 3 March 2011 (third liberalization package). It looks into all important EU energy legislation on private law relations of organizations operating in the internal energy market such as unbundling, procurement, procedural law, duties related to information and other legislation on energy contracts. The study concludes that, despite some small problems, the energy liberalization including the third liberalization legislative package progresses in a correct manner. There are nearly no problems in the access to the transmission and distribution systems. The functioning of the gas market is considered as the most important problem. - Highlights: ► European Union legislation on private law relations was studied. ► Organizations operating in the electricity and gas market were considered. ► A survey was sent to organizations in four Member States. ► Despite some problems, the energy liberalization advances correctly. ► The gas market is considered as the most important problem.

  6. Advancing Transnational Corporations Overseas : The Impact of Mandatory Non-Financial Reporting on Foreign Direct Liability Claims before European National Courts

    NARCIS (Netherlands)

    Silvia Barlassina

    2017-01-01

    This paper addresses the extraterritorial dimension of transnational corporations, focusing on the corporate accountability-deficit that characterizes the current International legal framework. The analysis looks at parent companies’ civil liability for environmental harm caused abroad. By

  7. European Union. Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

    On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.

  8. Exchange of information in the field of direct taxation in the European Union Law and in the practice of the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Cvjetković Cvjetana

    2014-01-01

    Full Text Available This paper is dedicated to one form of mutual assistance in tax matters in the field of direct taxation - the exchange of information which in terms of the functioning of the single market of the European Union is gaining more importance. This paper also presents new solutions of Directive 2011/16/EU. Special attention in this paper is focused on the practice of the European Court of Justice in the area of the exchange of information.

  9. Corporate Civil Disobedience in the Consumer Interest.

    Science.gov (United States)

    Dennis, Michael R.; And Others

    1994-01-01

    Through catalytic issue management, corporations proactively seek to affect resolutions of issues in which they have some interest. Corporations now catalyze legal changes by purposely disobeying existing law, facing the associated consequences, and lobbying for desired changes. (Author)

  10. Europeanisation of private law and English law

    OpenAIRE

    Beale, Hugh

    2003-01-01

    To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

  11. Faith in public debate: an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law

    NARCIS (Netherlands)

    Janssen, E.H.

    2014-01-01

    ‘Faith in public debate’ forms an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law.

  12. THE EFFECTS OF ANTI-DISCRIMINATION LAWS AND POLICIES ON POLITICAL AND ECONOMIC STABILITY OF EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Merim Kasumović

    2012-04-01

    Full Text Available Development of a civil society and social systems for protection of different groups is directly related to well functioning political and economic systems. If the level of economic development or political stability is not continuous the implementation of antidiscrimination laws would most likely be at a very low level. In this case development of social rights along with implementation of antidiscrimination rights may be marginalized due to three factors: lack of cooperation among political and economic spheres, lack of knowledge about antidiscrimination laws and absence of political will for adoption and implementation of antidiscrimination laws. Therefore, we focus on the examination of specific issues concerning the three aforementioned factors primarily focusing on EU and divergence in the level of political and economic development among the member states.We will argue that antidiscrimination laws are not welcome in new member states, especially since they increase political and economic costs for the governments of respective countries. Level of political development has much to do with the acceptance and inclusion of AD laws in the decision making process. Economic development has much to do with social and living standards within a country which is directly related to the general perception of the population on AD laws. Therefore, one could say that implementation of AD laws heavily depends on the preparedness of people, economic and political system and their will to cope with costs and benefits of implementing those laws.

  13. CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

    Directory of Open Access Journals (Sweden)

    Abdul Salam Siku

    2013-07-01

    Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

  14. "Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence.

    Science.gov (United States)

    Daly, Brenda

    2011-09-01

    In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.

  15. Rand Corporation

    Science.gov (United States)

    ... Jobs at RAND Media Resources Congressional Resources Doing Business with RAND Supporting RAND Educational Opportunities Alumni Association Follow RAND Corporation on Facebook RAND Corporation on Twitter RAND Corporation on LinkedIn ...

  16. La Base Del Derecho Alimentario Europeo: Una Reflexión Crítica Sobre El Concepto De Alimento No Seguro (The Foundation of European Food Law: A Critical Reflection on the Concept of Unsafe Food)

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    This paper is a Spanish language continuation of: B.M.J. van der Meulen, The Core of Food Law, European Food and Feed Law Review 3/2012, pp. 117-125. It has been made at the request of AIBADA, Asociación Iberoamericana para el Derecho Alimentario. The most fundamental notion underlying twelve years

  17. Corporate income tax

    OpenAIRE

    Popová, Barbora

    2014-01-01

    1 RESUMÉ Corporate Income Tax The aim of this diploma thesis on "Corporate Income Tax" is to outline the current legal background of the corporate income tax and asses and evaluate the most substantial changes regarding the Act no. 586/1992 Coll., Income Tax Act, as amended that have become effective as of January 1, 2014. The changes discussed in this thesis include especially, but are not limited to, the changes adopted in connection with the recodification of Czech Civil Law. This thesis c...

  18. State Authorities’ Powers to Determine the Budget Deficit and Public Debt in the Light of the Articles of the Constitution and the Law of the European Union

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2013-10-01

    Full Text Available The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non-financial methods, i.e. through the appropriate social and economic policies implemented by the authorities enjoying considerable social respect. The EU regulations regarding public debt and deficit can only be implemented with the instruments of the national law. The set of the EU regulations limiting the budgetary powers of member states, including the budgetary powers of governments and national parliaments, are questionable and undermine the authority of the state.

  19. Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

    International Nuclear Information System (INIS)

    Baur, J.F.

    1994-01-01

    The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

  20. The Ownership Unbundling of power supply grids from the view of European law and constitutional law; Die Eigentumsrechtliche Entflechtung (Ownership Unbundling) der Energieversorgungsnetze aus europarechtlicher und verfassungsrechtlicher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Kahle, C. [Sozietaet White and Case LLP, Hamburg (Germany)

    2007-10-15

    The energy policy is determined by large efforts of liberalisation. In order to increase the competition, the operational and legal unbundling was introduced. These kinds of unbundling flank the regulation of accounting and informational unbundling. In the member states of the European Union as well as in the Federal Republic of Germany substantial monopolistic positions exist furthermore. High costs of electricity and discriminations of market participants are the result and are contrary to the goals of unbundling. Under this aspect, an ownership unbundling is discussed. The author of the contribution under consideration comments the legal evaluation of this kind of unbundling.

  1. Cross Border Inheritances and European Community Law : Juridical double taxation of inheritances and the free movement of capital

    OpenAIRE

    Wiberg, Caroline

    2009-01-01

    Double taxation is known as restricting the free flow of capital and accordingly results in a limited access of the internal market. Although, not many Member States have entered into double taxation conventions in order to avoid juridical double taxation of inheritances. The question then arises whether this failure to eliminate juridical double taxation is restricting the free movement of capital. The ECJ‟s case law regarding inheritance taxes are very varying. In its initial case law, the ...

  2. European works councils

    DEFF Research Database (Denmark)

    Knudsen, Herman Lyhne

    2004-01-01

    The theme addressed by this artcle is the opportunities for European Works Councils of gaining influence on corporate decisions in multinational companies.......The theme addressed by this artcle is the opportunities for European Works Councils of gaining influence on corporate decisions in multinational companies....

  3. Corporate Branding and Corporate Reputation

    DEFF Research Database (Denmark)

    Karmark, Esben

    2013-01-01

    Corporate branding has been seen as developing in “waves”. This chapter explores the links between corporate branding and corporate reputation as they emerge in the context of three waves of corporate branding. It highlights the way in which the two constructs have related to each other through o...... for corporate brands and corporate communication.......Corporate branding has been seen as developing in “waves”. This chapter explores the links between corporate branding and corporate reputation as they emerge in the context of three waves of corporate branding. It highlights the way in which the two constructs have related to each other through...... organizational culture and identity, and how, although characterized by parallel developments, new ideas and models from a “third” wave of corporate branding challenge prevailing assumptions of corporate reputation particularly in terms of the assumptions that reputations emerge from authentic and transparent...

  4. REFORMING CORPORATE GOVERNANCE IN ETHIOPIA ...

    African Journals Online (AJOL)

    milkii

    financial resources on domestic and international capital markets through good corporate governance excited ...... It does not provide for separation of the roles of a chief executive officer (CEO) and board Chairperson;. • Besides, the law does ...

  5. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  6. An international corporate governance index

    NARCIS (Netherlands)

    Martynova, M.; Renneboog, L.D.R.; Wright, M.; Siegel, D.; Keasey, K.; Filatotchev, I.

    2013-01-01

    This chapter presents a comparative analysis of corporate governance regulatory systems and their development since 1990 in the United States and in 30 European countries. It introduces a proposed methodology that would help create detailed corporate governance indices which describe the primary

  7. Hungary : Corporate Governance Country Assessment

    OpenAIRE

    World Bank

    2003-01-01

    This report assesses the corporate governance policy framework and enforcement and compliance practices in Hungary. Hungary has already invested considerable resources in upgrading its legislation to meet European Union Directives, and the legislative and regulatory framework dealing with corporate governance issues is robust. The major issues identified by this review include: (1) the gen...

  8. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  9. Competition of Agencies in European Pharmaceutical Law – Does It Exist, Is It Desirable and How to Handle It?

    NARCIS (Netherlands)

    Purnhagen, K.

    2013-01-01

    When we look at competition and markets at the international level we are used to investigating regulation of Business to Business (B2B), Business to Consumer (B2C) and Consumer to Consumer (C2C) relationships. In international economic law, in addition, questions focus on the regulatory framework

  10. A European law of international responsibility? The articles on the responsibility of international organizations and the EU

    NARCIS (Netherlands)

    d' Aspremont, J.; Kosta, V.; Skoutaris, N.; Tzevelekos, V.P.

    2014-01-01

    The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the

  11. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  12. Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

    Science.gov (United States)

    Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

    2015-06-01

    High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  13. Local energy supply under national and European law. With special regard to municipal policy opportunities. Oertliche Energieversorgung nach nationalem und europaeischem Recht. Unter besonderer Beruecksichtigung kommunaler Gestaltungsmoeglichkeiten

    Energy Technology Data Exchange (ETDEWEB)

    Britz, G.

    1994-01-01

    Conceivably, the erection of a single European energy market for electricity and natural gas as specified in the EC draft guidelines may change the conditions of local energy supply. This thesis therefore investigates which instruments are at the disposal of municipal governments for the realization of energy-political concepts of their own: Rights of way and granting of franchises, establishment of and transfer of tasks to municipal utilities, common carvier duties, and free choice of suppliers by distributors. The handling of franchise payments and treatment of municipal interconnected networks are of considerable importance for the financial situation of communities. The first section deals with the legal issues of local energy supply with regard to national law. The second part deals with the same questions with regard to community law. Furthermore it is considered what would be the consequences of the realization of the two guidelines concerning the single energy market. In the final section the results are compared and the significance of community law for local energy supply is assessed. (orig./HP)

  14. Institutional Ownership and Corporate Social Performance: Empirical Evidence from Indonesian Companies

    Directory of Open Access Journals (Sweden)

    Hasan Fauzi

    2007-12-01

    Full Text Available Prior research on the relationships of institutional ownership and corporate social responsibility has focused on North American (U.S. and Canada and European companies.  With the passage of Indonesian Law No. 40 in 2007, Indonesian companies are now obligated to conduct CSP. As these companies objected to the passage of this law, awareness of how CSP may benefit Indonesian companies in terms of its positive impact on institutional investors needs to be investigated. Thus, this paper examines the relationships of IO and CSP for Indonesian companies. Unfortunately, contrary to the results for North American and European companies, we found no relationships between institutional ownership and corporate social responsibility for Indonesian companies. This finding suggests that most institutional investors do not include CSP as part of their investment decisions.

  15. Adoption and the European Court of Human Rights: from laissez-faire to judicial law-making

    OpenAIRE

    Draghici, C.

    2011-01-01

    1. The absence of a right to adopt under the European Convention on Human Rights. 2. Eligibility to adopt, civil status and sexual orientation. 3. Rights of the natural parents with regards to adoption proceedings. 4. Dispensing with parental consent to further the best interests of the child. 5. The (almost) equal standing of biological and adoptive families under Article 8. 6. Recognition of foreign adoptions. 7. Conclusions: the demise of the margin of appreciation doctrine?

  16. The influence of European sex equality law on the UK legislation: a challenge to the “male norm”?

    OpenAIRE

    Manfredi, Simonetta

    2018-01-01

    It has been argued that some of the main provisions of the EU sex equality law, namely the Equal Treatment and the Equal Pay Directives, have hardly had any influence on the decision to introduce legislation in the UK, aimed at eliminating discrimination based on sex with regard to pay, access to jobs, training and working conditions. The Equal Pay Act (1970) and the Sex Discrimination Act (1975), which represent the two main pillars of equality legislation in the UK, were both introduced pri...

  17. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  18. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW

    Directory of Open Access Journals (Sweden)

    Elena ANDREEVSKA

    2014-05-01

    Full Text Available Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1 of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1 the notion of tribunal 2 its attribute of being established by law 3 being independent and 4 being impartial.

  19. Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union

    NARCIS (Netherlands)

    den Heijer, M.; Tauschinsky, E.

    2013-01-01

    Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds

  20. LA COMUNICACIÓN NO VERBAL-EXPRESIVO CORPORAL EN UN CONTEXTO ESCOLAR INTERCULTURAL EN EL NORTE DE ÁFRICA: ESTUDIO COMPARATIVO ENTRE NIÑOS EUROPEOS VS AMAZIGH NONVERBAL -CORPORAL EXPRESSIVE (COMMUNICATION IN AN INTERCULTURAL SCHOOL CONTEXT IN NORTH AFRICA: COMPARATIVE STUDY BETWEEN EUROPEAN VS AMAZIGH CHILDREN

    Directory of Open Access Journals (Sweden)

    Cremades Roberto

    2010-04-01

    Full Text Available Resumen:En este artículo se ha llevado a cabo un estudio comparativo acerca de los diferentes tipos de comportamiento relacionados con la comunicación no verbal y la expresión corporal que se dan entre niños de edad escolar con pertenencia a dos grupos étnicos diferentes (europeo y amazigh. El estudio se ha desarrollado en la ciudad de Melilla (España, población situada en el norte occidental de África y caracterizada por una gran diversidad social y cultural de sus habitantes (europeos, imazighen5, judíos sefardíes e hindúes. Para ello, han participado 100 alumnos (57 niños y 43 niñas, siendo el 50% de origen cultural europeo y el 50% de origen cultural amazigh, a los que se evaluó a través de diferentes pruebas de carácter observacional. Los resultados obtenidos revelan que los niños europeos usan más la comunicación no verbal que los de la cultura amazigh.Abstract:This article has conducted a comparative study about different kinds of behaviour related to non verbal communication and the corporal expression that happen among school-age children who belong to two different ethnic groups (European and Amazigh. The study has been developed in the city of Melilla (Spain, located in western North Africa. This city is characterized by social and cultural diversity of its citizens (Europeans, Berbers, Sephardic Jews and Indians. Some 100 students participated (57 boys and 43 gilrs, of which 50% were of European cultural origin and 50% of Amazigh cultural origin, which was evaluated through different observational tests. Results show that European children use nonverbal communication more than those of the Amazigh culture.

  1. Corporate environmental responsibility – a key determinant of corporate reputation

    Directory of Open Access Journals (Sweden)

    Cristina GĂNESCU

    2014-06-01

    Full Text Available This paper aims to determine the trend of the relationship between corporate environmental responsibility and corporate reputation by focusing on a study of the European automotive sector. The starting point of our research is content analysis of the sustainability or social responsibility reports published in 2010, 2011, and 2012 by 13 businesses operating in the European automotive industry. Content analysis was carried out in order to identify the indicators used to assess corporate environmental responsibility. The methodology aimed to produce an evaluation model for corporate environmental responsibility based on the following variables reported by companies: carbon dioxide emissions, water consumption, energy consumption, and amount of waste. Corporate reputation of sampled organizations was assessed based on content analysis of the 2010, 2011, and 2012 reports of the Reputation Institute. We applied the correlation of panel data and emphasised the fact that high levels of corporate environmental responsibility sustain high levels of corporate reputation. The study highlights the theoretical considerations that support this relationship. As companies become increasingly accountable, the methodology described in our study can be developed in further research by using other variables to measure corporate environmental responsibility.

  2. Corporate Social Responsibility in banking sector

    OpenAIRE

    Lucie Kvasničková Stanislavská; K. Margarisová; K. Šťastná

    2012-01-01

    After popularity increase of the concept of Corporate Social Responsibility over last century in the USA, with the 21st century the concept comes into the European Union as well, actually into Czech Republic. For the European Union, the concept of social responsibility becomes one of the tool for achieving the most competitive and dynamic knowledge-based economy (Lisbon Strategy, 2000). With the start of the financial and economic crisis, the European Commission sees in the Corporate Social R...

  3. Police Enforcement Policy and Programmes on European Roads (PEPPER). Workpackage WP4 `Good Practices in Traffic Enforcement', Working paper 24: Good practice in data and data collection for monitoring and evaluating traffic law enforcement.

    NARCIS (Netherlands)

    Schagen, I.N.L.G. van Bernhoft, I.M. Erke, A. Ewert, U. Kallberg, V.-P. & Skladana, P.

    2007-01-01

    This working paper describes the good practice requirements regarding data and data collection for monitoring and evaluating Traffic Law Enforcement (TLE). The aim is at, eventually, individual police forces/countries put the identified ’good practice’ data into a European TLE monitoring database

  4. THE EFFECTIVE LEVEL OF CORPORATE INCOME TAX IN THEEUROPEAN COUNTRIES

    Directory of Open Access Journals (Sweden)

    Adam Adamczyk

    2012-01-01

    Full Text Available Despite of the factthat European Union economy is the subject to integrationprocess, there has been no harmonization of corporate income taxation. Nocompulsion to adapt to common tax law requirements makes that many,especially new member states of EU, tends to use corporate income tax to attractcapital flows. The tax competition often takes a form of so called “race to thebottom” and consists in reducing tax rates. At the same time fiscal authoritiesusually broaden their tax bases in favor to increase the neutrality of the corporateincome tax.The main goal of this article is to measure the combined effect ofreducing statutory tax rates and broadening of tax bases in selected MemberStates.

  5. Corporate Awakening

    DEFF Research Database (Denmark)

    LaFrance, Julie; Lehmann, Martin

    2005-01-01

    Predominantly since the 1992 Rio Summit, corporations have been increasingly pursuing partnerships with public institutions including governments, international organisations and NGOs that aim to contribute to sustainable development activities. Partnerships have become more common as corporation...... public-private partnerships. These theoretical perspectives are used to gain a deeper understanding of the corporate drivers that motivated TOTAL S.A. to approach UNESCO for cooperation on community development programs in Myanmar....

  6. The A, B and C v. Ireland ruling and the issue of abortion: a “new departure” in the European Court of Human Rights case-law in matters of consensus and domestic margin of appreciation?

    Directory of Open Access Journals (Sweden)

    Francisco Javier Mena Parras

    2012-07-01

    Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on  Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the  restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.

  7. The renewable energy development framework - II. The foundations of renewable energy development: Economic foundations of renewable energies; International foundations of renewable energies; European foundations of renewable energy development; Foundations of renewable energy development in internal law

    International Nuclear Information System (INIS)

    Combes Motel, Pascale; Thebaut, Matthieu; Loic Grard; Michallet, Isabelle

    2012-01-01

    A first article analysis the reasons for the development of renewable energies (economic and environmental reasons, European commitments in terms of production objectives), how these renewable energies can be developed (acceptation by the population, administrative, technological, and financial constraints, political instruments related to market, taxes and purchase prices). A second article proposes a discussion about the way international law deals with renewable energies as far as texts as well as actors are concerned. The third article describes the European ambitions regarding renewable energies as a product of national perspectives (national action plans and projects) as well as of European perspectives (financing, integrated actions). The last article presents and comments various legal texts dealing with the development of renewable energies in France (texts concerning the right to energy, the environment law, planning tools, incentive measures)

  8. Features of the content of corporate contracts

    Directory of Open Access Journals (Sweden)

    Elena Petrovna Gladneva

    2015-09-01

    Full Text Available Objective to study the legal nature to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods general and specific methods of cognition dialectical formal logic analysis synthesis modeling structural and systemicfunctional methods as well as comparative legal logical legal historical legal grammatical methods and systemic interpretation. Results it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets conditions order of the implementation of corporate rights and approval of other actions related to company management activity reorganization and liquidation the passive duty of corporate organizations to refrain from committing any action authority arising from the nature of corporate agreements as well as the active responsibilities associated with the certain implementation of corporate rights certified by stocks shares rights to stocks shares. In addition to the subject the content of corporate contractsincludes other essential necessary conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty for the first time taking into account modern achievements of civilistic jurisprudence and practice the authors investigate the relationship between the concepts of a civil contract and corporate contract give the definition of corporate contract show the specificity of the subject and other material terms of corporate contracts. Practical significance the findings can be taken into account in the further research of corporate law issues as subbranch of civil law used in law making and enforcement activities in the educational process as a teaching material in civil law. nbsp

  9. Corporate Governance in Crisis? The Politics of EU Corporate Governance Regulation

    DEFF Research Database (Denmark)

    Horn, Laura

    2012-01-01

    on the transformation of company law and corporate governance in the last decade. Here, the article illustrates how company law has become increasingly focused on the rights of shareholders, while worker rights have been relegated to the area of social policies and labour law. The study also traces the shift from...... a legislative programme centred on company law harmonisation towards a regulatory approach based on minimum requirements and mutual recognition, increasingly geared at adjusting the governance of corporations to the demands of liberalised capital markets. The second section then reflects on the current...... developments in corporate governance regulation in the context of financial and economic crisis....

  10. Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

    OpenAIRE

    Gordeeva, Yelena M.

    2016-01-01

    An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

  11. COMPARATIVE STUDY ON CORPORATE GOVERNANCE

    Directory of Open Access Journals (Sweden)

    Gavrea Corina

    2011-12-01

    Full Text Available Corporate governance is a key element of today’s economic reality being more and more present in many countries around the world. This paper has two main objectives. The first one is to offer more insight into the concept of corporate governance by a thorough literature review and by presenting and analyzing a framework of corporate governance. The second objective of this paper is to investigate the corporate governance situation in three developing economies (Romania, Bulgaria and Hungary. The World Bank and the European Bank for Reconstruction and Development published a series of reports on corporate governance. The present study uses data from these reports in order to illustrate how these developing economies are dealing with corporate governance. Based on ROSC Reports a corporate governance score was calculated. As this score shows, there is room for improvement for all three developing economies. This study is important because it shows the differences in corporate governance among developing economies and the need to study these nations at the individual country level. Corporate governance has many benefits for developing economies. It helps developing economies to register sustainable growth rates, to increases investors’ confidence in the national economy, and to increase the ability of capital markets to mobilize savings.

  12. Corporate Foresight and Strategic Decisions

    DEFF Research Database (Denmark)

    Gomez Portaleoni, Claudio; Marinova, Svetla Trifonova; Ul-Haq, Rehan

    . It provides an extensive analysis of extant theories of corporate foresight and strategic management, brings in new notions and insights, and presents an in-depth case study exploration of corporate foresight of a European bank. The understanding of organizational future is influenced by the perceived......The investigation of the future of an organization has always captivated the attention of academics and business managers. Presently, the aspiration to entrench future-relevant insights into management practices is a must. Companies that have made attempts to use corporate foresight have generally...... dealt successfully with internal information sharing processes that in most cases have prepared them for the challenges of the future. Corporate Foresights and Strategic Decisions investigates the relationships between corporate foresight and management decision-making processes in organizations...

  13. Corporate Entrepreneurship

    DEFF Research Database (Denmark)

    Lassen, Astrid Heidemann

    Corporate entrepreneurship is often highlighted as being more relevant than ever, as a viable means for existing organizations to pursue creative new solutions to the complex challenges facing firms today. This includes continuously exploring and exploiting previously unexploited opportunities......, and thereby moving the organization to a new state of being. In spite of a general consensus on a strong interlinkage between the concepts of innovation and corporate entrepreneurship, the nature of this linkage is rarely addressed directly. This has made further research in the two areas problematic, mainly...... nature of corporate entrepreneurship and innovation by exploring the role played by innovation in corporate entrepreneurship. - Develop a framework of corporate entrepreneurial innovation which facilitates an understanding of challenges related hereto and practices applied to overcome these challenges...

  14. Corporate Foundations

    DEFF Research Database (Denmark)

    Herlin, Heidi; Thusgaard Pedersen, Janni

    2013-01-01

    action between business and NGOs through convening, translation, collaboration, and mediation. Our study provides valuable insights into the tri-part relationship of company foundation NGO by discussing the implications of corporate foundations taking an active role in the realm of corporate social...... responsibility (CSR). The paper hence illuminates the fascinating and overlooked role of corporate foundations as potential bridges between business and civil society. It also informs theory on boundary organizations by clarifying challenges and limits of such institutions.......This paper aims to explore the potential of Danish corporate foundations as boundary organizations facilitating relationships between their founding companies and non-governmental organizations (NGOs). Hitherto, research has been silent about the role of corporate foundations in relation to cross...

  15. The German and European laws and regulations providing for participation of the public in vertically staged procedures for the licensing of large-scale projects with an impact on the environment

    International Nuclear Information System (INIS)

    Hellmann, U.

    1992-01-01

    Participation of the public in licensing procedures for large-scale projects has been an item of discussion since the sixties in the legal sciences and on the political level. The introduction of the environmental impact assessment (EIA) as a legal requirement in EC law and its implementation in practice was the occasion to once again investigate the principle of participation of the public in the current legal framework. The study in hand reviews the legal provisions found in administrative law, constitutional law and European Community law governing the right of participation of the public and also takes a look at the situation in practice. The results show both the legal status and conditions of enforcement as prevailing after the coming into force in 1989 of the Act on Performance of an EIA, as well as inadequacies and deficits in the current legal framework. (orig.) [de

  16. COMPARATIVE INTERNATIONAL PERSPECTIVES ON MARKET-ORIENTED MODELS OF CORPORATE GOVERNANCE

    Directory of Open Access Journals (Sweden)

    Balaciu Diana

    2010-07-01

    Full Text Available The study of corporate governance requires not only the knowledge of economic, financial, managerial and sociological mechanisms and norms, but it must also incorporate an ethical dimension, while remaining aware of the demands of various stakeholders. The interest towards good governance practice is very present in the company laws of many countries. National differences may lead to specific attributes derived from the meaning that is given to the role of competition and market dispersion of capital. Based on a research consisting of a critical and comparative perspective, the present contribution is dominated by qualitative and mixed methods. In conclusion, it can be said that a market-oriented corporate governance model, though not part of the European Union’s convergence process, may very well respond to the increasing importance of investors’ rights and to the gradual evolution of corporate responsibilities, beyond the national context, with the aim of ensuring market liberalization.

  17. THE SOUND OF CORPORATE GOVERNANCE

    Directory of Open Access Journals (Sweden)

    DUMITRASCU LUMINITA MIHAELA

    2012-07-01

    Full Text Available The paper explores the corporate governance and corporate social responsibility in music industry, by reviewing the literature and investigating the aspects in the context of a sample made by top companies in this domain. The paper spotlighting the mutual connections between corporate governance and corporate social responsibility. The research methodology used consists in investigate the corporate governance codes. It’s about a qualitative interpretive research methodology that was adopted. The findings suggest the intercorelation of corporate governance with corporate social responsibility. The main contribution of the author consists in the fact that the added value of this paper and the original contribution leads in the intercorelation of these two aspects of corporate governance and corporate social responsibility, the findings beeing interesting, implying that recent preoccupation with corporate governance in music industry is starting to be equable by some attention to social responsibility aspects, with growing appreciation of their interdependencies. Previous literature has researched corporate governance and corporate social responsibility independently. Due to this fact, this paper is considering them jointly. The paper is important for both practical and theoretical aspects: for managers and also can serve as the basis for future research on this topic. The current paper is realized in the doctoral program entitled “PhD in Economics at the Standards of European Knowledge- DoEsEc”, scientific coordinator Prof. PhD Niculae Feleaga, Institution: The Academy of Economic Studies Bucharest, Faculty of Accounting and Management Informatic System, Department of International Accounting, period of research 2009-2012.

  18. Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Marina Eduardovna Kandel

    2015-06-01

    Full Text Available Objective to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor and its implementation in the Labor Law of the Russian Federation in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods comparative legal research method was applied. Results the comparative legal analysis was carried out of the implementation of measures and warranties expressed in Art. 7 of the European Social Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty for the first time the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law the degree of their compliance with the Charter is determined practical steps are offered to reform the Russian legislation with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value the measures for the protection of children proposed by the author can be used in scientific legislative and lawenforcement practice in Russia. nbsp

  19. Corporate Social Responsibility in banking sector

    Directory of Open Access Journals (Sweden)

    Lucie Kvasničková Stanislavská

    2012-01-01

    Full Text Available After popularity increase of the concept of Corporate Social Responsibility over last century in the USA, with the 21st century the concept comes into the European Union as well, actually into Czech Republic. For the European Union, the concept of social responsibility becomes one of the tool for achieving the most competitive and dynamic knowledge-based economy (Lisbon Strategy, 2000. With the start of the financial and economic crisis, the European Commission sees in the Corporate Social Responsibility a way how to cope with the crisis. Also scientific studies (Ghoul, 2011; Gruz, 2009 indicate the positive influence of Corporate Social Responsibility on financial performance of the company. In the Czech Republic, the implementation of the concept is especially for multinational corporations. For example, Corporate Social Responsibility is very popular in financial sector, which the financial crisis did not damage so perceptible as in other countries of developed economies (Singer, 2009. This article defines on a theoretical level the concept of Corporate Social Responsibility, its development, its present form and the influence on financial performance of the company. Another part of the article focuses on three czech banking subjects (Česká spořitelna, Komerční banka a Československá obchodní banka, which regularly take the leading positions of the official corporate donors chart „TOP Filantrop“. The article explores the evolution of corporate donations and finds the connection between corporate donations and corporate profit and financial and economic crisis.

  20. Corporate Taxation and Corporate Governance

    DEFF Research Database (Denmark)

    Köthenbürger, Marko; Stimmelmayr, Michael

    2009-01-01

    if the corporate tax system exempts the normal return on investment from taxation. The optimal system may well use the full return on investment as a tax base. Hence, tax systems such as an Allowance for Corporate Equity (ACE) or a Cash-flow tax do not have the familiar efficiency-enhancing effects in the presence...

  1. The relative impact of country of origin and universal contingencies on internationalization strategies and corporate control in multinational enterprises : Worldwide and European perspectives

    NARCIS (Netherlands)

    Harzing, A.W.; Sorge, A.

    We examine the importance of country-of-origin effects and of universal contingencies such as industrial recipes in organizational practices at the international level of multinational enterprises. This is based on a study comparing European (Finnish, French, German, Dutch, Swiss, Swedish, British),

  2. Double Taxation Agreements: Between EU Law and Public International Law

    OpenAIRE

    Hofmann, Herwig

    2011-01-01

    After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

  3. Corporal punishment.

    Science.gov (United States)

    Bauman, L J; Friedman, S B

    1998-04-01

    Pediatricians differ on the optimal ways to discipline children. The major controversy surrounds the use of corporal punishment. In an effort to resolve this controversy, the American Academy of Pediatrics (AAP) cosponsored a conference entitled "The Short and Long-Term Consequences of Corporal Punishment" in February 1996. This article reviews scientific literature on corporal punishment and summarizes the proceedings from the conference. The authors conclude that, although the research data are inadequate to resolve the controversy, there are areas of consensus. Practitioners should assess the spanking practices of the parent they see and counsel parents to avoid those that are, by AAP consensus, dangerous, ineffective, or abusive.

  4. Monitoring good corporate governance in developing countries ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... The call for good corporate governance was as a result of the scandal and collapse ... This paper made use of legislation, regulations (Codes of best practices) and ...

  5. Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

    Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol

  6. A Convergence of Corporate and Academic Governance

    Science.gov (United States)

    Gee, Gordon

    2006-01-01

    One of the particular gifts in history for the present generation, is the increasingly large opportunity afforded to universities and corporations to be mutually supportive, not exploitative, of one another. As the federal Sarbanes-Oxley Act of 2002 has imposed new challenges on management of all stripes, this anti-corporate-fraud law also has…

  7. CORPORATE CULTURE AND COMPETITION

    Directory of Open Access Journals (Sweden)

    ROGOJANU Angela

    2009-12-01

    Full Text Available Culture is one of those terms that are difficult to express distinctly, but everyone knows it when they sense it. Many articles have been written in recent years about corporate culture, which can be looked at as a system. Inputs include feedback from society, professions, laws, stories, heroes, values on competition or service, etc. Outputs are organizational behaviors, technologies, strategies, image, products, services, appearance, etc. Most organizations don't consciously try to create a certain culture, as it is typically created unconsciously, based on the values of the top management or the founders of an organization. In this paper we try to see whether corporate culture has any influence on competition and if it has, whether it is a positive one or a negative one.

  8. Integrating International Business Law Concepts into a High School Business Law Course.

    Science.gov (United States)

    Golden, Cathleen J.; McDonald, Michael L.

    1998-01-01

    Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

  9. 27 CFR 479.45 - Changes in corporation.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Changes in corporation... CERTAIN OTHER FIREARMS Special (Occupational) Taxes Change of Ownership § 479.45 Changes in corporation... capital stock of a corporation if the laws of the State of incorporation provide for such change or...

  10. Discourses and Inter-Corporeity

    Directory of Open Access Journals (Sweden)

    Algis Mickūnas

    2015-10-01

    Full Text Available Contemporary European theories have focused attention on corporeity, its surface excitations and passions, and even on politically constructed bodies – how do men and women “carry their bodies”. The great variety of such claims suggests transformations in theoretical thinking, yet such changes were already articulated at another level by phenomenological studies: kinesthetic body. It is obvious that to speak of corporeity is possible only on the basis of analyses of corporeal movements. Thus, the aim of this essay is to disclose the structures of bodily movements, constituting the basis of primordial awareness – not “I think” but “I can”. In the essay there are presented a number of theses of post modernists who have not developed adequate analyses of corporeal movements.

  11. Corporate accountability and transitional justice

    Directory of Open Access Journals (Sweden)

    Sabine Michalowski

    2015-10-01

    Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

  12. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

  13. THE EUROPEAN COMPANY (SOCIETAS EUROPAEA ON RIND SIGHT

    Directory of Open Access Journals (Sweden)

    Liviana Andreea Niminet

    2016-07-01

    Full Text Available The article deals with the rind aspects of European Company (also known by its Latin name Societas Europaea or SE, a “type of public limited-liability company regulated under European Union law”. Although this form of company was proposed more than 40 years ago, it was only in 2001 when the Council issued Regulation (EC No 2157/2001 of 8 October 2001 on the Statute for a European company defining the European company (SE as “a legal structure that permits a company to operate in different European Union (EU countries under a single statute”, as determined by the law of the Union and common to all EU countries. Being a new legal form, the SE coexists with the corporate forms that already were in each Member Statebeing governed by both European Regulation and national law. As it follows we address the rules, classification, conditions for settling an SE, organization structures, tax harmonization, employee involvement in the SE, advantages and disadvantages of SEs, as well as the opportunity of SPEs.

  14. Case law

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  15. Corporal punishment.

    Science.gov (United States)

    Zolotor, Adam J

    2014-10-01

    Corporal punishment is used for discipline in most homes in the United States. It is also associated with a long list of adverse developmental, behavioral, and health-related consequences. Primary care providers, as trusted sources for parenting information, have an opportunity to engage parents in discussions about discipline as early as infancy. These discussions should focus on building parents' skills in the use of other behavioral techniques, limiting (or eliminating) the use of corporal punishment and identifying additional resources as needed. Copyright © 2014 Elsevier Inc. All rights reserved.

  16. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  17. One Stop Group Law Shop?

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2012-01-01

    The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...

  18. European Identity and European Citizenship: the Case of Missing Polis?

    Czech Academy of Sciences Publication Activity Database

    Šejvl, Michal

    2008-01-01

    Roč. 2, č. 2 (2008), s. 49-56 ISSN 1789-1035 Institutional research plan: CEZ:AV0Z70680506 Keywords : the European integration * law of citizenship * European identity Subject RIV: AG - Legal Sciences

  19. 19 CFR 113.37 - Corporate sureties.

    Science.gov (United States)

    2010-04-01

    ... under laws of the State of __, authorized to conduct a surety business in the State of __, and having... company incorporated under the laws of the State of __ and having its principal place of business at... effect on the close of business on the date requested provided the corporate surety power of attorney is...

  20. Corporate entrepreneurship

    DEFF Research Database (Denmark)

    Christensen, Karina

    2005-01-01

    Corporate entreprenørskab kan blive svaret på, hvordan Danmark fremmer en mere videnintensiv produktion. Begrebet er blevet anvendt til at forklare forskellige organisatoriske fænomener alt fra strategi over ledelse i al almindelighed til innovation, hvilket har medført en mangfoldighed af begreb...

  1. Corporate Venturing

    DEFF Research Database (Denmark)

    Vintergaard, Christian

    path of an entrepreneurial opportunity of the Danish corporate venture capitalist,Danfoss A/S. This paper distinguishes itself from previous research done on entrepreneurialopportunities by creating a holistic and conceptual framework, which broadens and expands theperception of the market participants...

  2. Corporate Awakening

    DEFF Research Database (Denmark)

    LaFrance, Julie; Lehmann, Martin

    2004-01-01

    Predominantly since the 1992 Rio Summit, corporations have been increasingly pursuing partnerships with public institutions including governments, international organisations and NGOs that aim to contribute to sustainable development activities. Both the business community and public organisation...... for cooperation on community development programs in Myanmar....

  3. Compliance management and corporate governance; Compliance Management und Corporate Governance

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Uwe [Stadt Frankfurt am Main (Germany); Alsheimer, Constantin; Kassebohm, Kristian; Reutler, Susanne [Mainova AG, Frankfurt (Germany)

    2009-08-15

    Starting in the year 2009, numerous changes in the financial system and accountancy a well as in the corporate law come into effect for enterprises. Thereby, the requirements substantially are intensified to their corporate governance. The actual well-known reproaches of bribery, corruption and injuries of data protection intensify the pressure on executive committees and supervisory boards in order to meet normative and ethical requirements. All the more is valid for power suppliers whose reputation can already carry damage out with the first suspicion. Already in 2008, Mainova AG (Frnkfurt/Main, Federal Republic of Germany) implemented a compliance management.

  4. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  5. Corporate Governance for Employee¡¯s Welfare

    OpenAIRE

    Martono Anggusti; Bismar Nasution; Mahmul Siregar; Suhaidi; Tan Kamello; Benny Tabalujan; Hikmahanto Juwana

    2015-01-01

    The debate about Corporate Social Responsibility (CSR) to stakeholders is a fairly lengthy debate in the repertoire of the development of company law. At least there are two fundamentally different views to interpret the corporate social responsibility.The views, Firstly, cling to the belief that the concept of corporate social responsibility is counterproductive in the business world. According to Milton Friedman, a corporation are naturally only have a goal to generate economic objectives f...

  6. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  7. A Corporate Governance Index : Convergence and Diversity of National Corporate Governance Regulations

    NARCIS (Netherlands)

    Martynova, M.; Renneboog, L.D.R.

    2010-01-01

    The issue of appropriate corporate governance framework has been a focal point of recent reforms in many countries. This study provides a comprehensive comparative analysis of corporate governance regulatory systems and their evolution over the last 15 years in 30 European countries and the US. It

  8. Discourse norms as default rules: structuring corporate speech to multiple stakeholders.

    Science.gov (United States)

    Yosifon, David G

    2011-01-01

    This Article analyzes corporate speech problems through the framework of corporate law. The focus here is on the "discourse norms" that regulate corporate speech to various corporate stakeholders, including shareholders, workers, and consumers. I argue that these "discourse norms" should be understood as default terms in the "nexus-of-contracts" that comprises the corporation. Having reviewed the failure of corporate law as it bears on the interests of non-shareholding stakeholders such as workers and consumers, I urge the adoption of prescriptive discourse norms as an approach to reforming corporate governance in a socially useful manner.

  9. Corporate Social Responsibility and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2006-01-01

    rather than public regulation. The UN Global Compact and the UN Norms on human rights responsibilities for transnational and other corporations are discussed as examples of changes in international UN based regulation of corporations in relation to CSR topics, and as examples of network governance......Taking its point of departure in the aims of the United Nations, the article discusses challenges to international law making and the UN in the relatively immediate future in view of the increasing role and influence of corporations. This is done addressing challenges posed by globalisation......, in particular with regard to the appropriateness of past and present ideas of duty holders, modes of regulation, and law making, to deliver the aims of the UN; International law making and actors in this process; and a changing character of law and legal regulation, towards deregulation and private regulation...

  10. Turning free speech into corporate speech: Philip Morris' efforts to influence U.S. and European journalists regarding the U.S. EPA report on secondhand smoke.

    Science.gov (United States)

    Muggli, Monique E; Hurt, Richard D; Becker, Lee B

    2004-09-01

    Previously secret internal tobacco company documents show that the tobacco industry launched an extensive multifaceted effort to influence the scientific debate about the harmful effects of secondhand smoke. Integral to the industry's campaign was an effort to derail the Environmental Protection Agency's (EPA) risk assessment on environmental tobacco smoke (ETS) by recruiting a network of journalists to generate news articles supporting the industry's position and pushing its public relations messages regarding the ETS issue. Searches of previously secret internal tobacco industry records were conducted online and at the Minnesota Tobacco Document Depository. In addition, searches on the World Wide Web were conducted for each National Journalism Center alumnus. Lexis-Nexis was used to locate news stories written by the journalists cited in this paper. Philip Morris turned to its public relations firm Burson Marsteller to "build considerable reasonable doubt em leader particularly among consumers" about the "scientific weaknesses" of the EPA report. A Washington, DC, media and political consultant Richard Hines was a key player in carrying out Burson Marsteller's media recommendations of "EPA bashing" for Philip Morris. In March 1993, Philip Morris' vice president of corporate affairs policy and administration reported to Steve Parrish, vice president and general counsel of Philip Morris, that their consultant was "responsible for a number of articles that have appeared in em leader major news publications regarding EPA and ETS." In addition to placing favorable stories in the press through its consultant, Philip Morris sought to expand its journalist network by financially supporting a U.S. school of journalism; the National Journalism Center (NJC). Philip Morris gleaned "about 15 years worth of journalists at print and visual media throughout the country em leader to get across [its] side of the story" resulting in "numerous pieces consistent with our point of

  11. Globalization And Its Influence On The Development Of International Law

    Directory of Open Access Journals (Sweden)

    Olga M. Mesheriakova

    2014-09-01

    Full Text Available In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization that is associated with the development of bilateral regional agreements, as well as changes in the configuration of the trade and political landscape. In the article author also reveals the essence of processes that determine development of international law in the century of globalization. Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization, as well as multinational corporations. In the conclusion author points out possibility of the own monetary system creation in the integration community, even in the format of multi-speed integration, what allows EU member states together confront to dollar and yuan, what contributes to the achievement of their national interests in the economic sphere, therefore, legal mechanism established the European Union takes into account both regional and economic aspects that are associated with the process of globalization. With new trends in the development of modern international law it is necessary to develop advanced models of legal regulation for processes caused by globalization.

  12. 12 CFR 704.17 - State-chartered corporate credit unions.

    Science.gov (United States)

    2010-01-01

    ... provided under the laws of the state in which it was chartered. (b) A state-chartered corporate credit... 12 Banks and Banking 6 2010-01-01 2010-01-01 false State-chartered corporate credit unions. 704.17... CORPORATE CREDIT UNIONS § 704.17 State-chartered corporate credit unions. (a) This part does not expand the...

  13. Language Policy and Corporate Law in Norway

    DEFF Research Database (Denmark)

    Sanden, Guro Refsum

    to the Norwegian language version, 36.2 % of the companies presented their financial statements in Norwegian only, while 18.9 % of the companies had been granted dispensation from the Norwegian Directorate of Taxes to deviate from the language requirement of the Accounting Act and presented their financial...... of Norway (2005) the paper investigates how the 500 largest companies in Norway comply with the language requirement of the Norwegian Accounting Act for the financial year of 2015. The results show that 44.9 % of the companies presented their financial statements in one or more foreign language in addition...

  14. CORPORATE GOVERNANCE IN INDIA: AN ANALYSIS

    Directory of Open Access Journals (Sweden)

    Meghna Thapar

    2017-03-01

    Full Text Available Corporate governance is a process, relation and mechanism set up for the corporations and firms based on certain guidelines and principles by which a company is controlled and directed. The principles provided in the system ensure that the company is governed in a way that it is able to set and achieve its goals and objectives in the context of the social, regulatory and market environment, and is able to maximize profits and also benefit those whose interest is involved in it, in the long run. The division and distribution of rights and responsibilities among different participants in the corporation (such as the board of directors, managers, shareholders, creditors, auditors, regulators, and other stakeholders and inclusion of the rules and procedures for making decisions in corporate affairs are identified with the help of Corporate Governance mechanism and guidelines. The need to make corporate governance in India transparent was felt after the high profile corporate governance failure scams like the stock market scam, the UTI scam, Ketan Parikh scam, Satyam scam, which were severely criticized by the shareholders. Thus, Corporate Governance is not just company administration but more than that and includes monitoring the actions, policies, practices, and decisions of corporations, their agents, and affected stakeholders thereby ensuring fair, efficient and transparent functioning of the corporate management system. By this paper, the authors intend to examine the concept of corporate governance in India with regard to the provisions of corporate governance under the Companies Act 2013. The paper will highlight the importance and need of corporate governance in India. We will also discuss the important case laws which contributed immensely in the emergence of corporate governance in India.

  15. Integrated energy and climate policy. Securing the supply of natural energy. An investigation of the German and European law; Integrierte Energie- und Klimapolitik. Die Sicherstellung der Erdgasversorgung. Eine Untersuchung deutschen und europaeischen Rechts

    Energy Technology Data Exchange (ETDEWEB)

    Nordmann, Henning

    2012-07-01

    Due to the extreme importance of natural gas as an energy source within an integrated energy policy and climate policy at national and European level, and due to the specific risks associated with the supply of natural gas, the contribution under consideration reports on the security of supply of natural gas. The following aspects are examined: To what extent are regulations on security of the natural gas supply provided in the German and European law. Which actors have the responsibility for the security of supply? What are the weaknesses in the legal arrangement of security of supply? The contribution also reports on the increasing importance of the EU as an actor of guarantee. The contribution of the EU to the security of supply in the supply of natural gas also is analysed.

  16. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  17. Fighting Human Trafficking in the European Union: A master’s thesis on the ability of EU law to fight trafficking in women for sexual exploitation

    OpenAIRE

    Nielsen, Stine Piilgaard Porner

    2011-01-01

    Human trafficking is considered to be modern day slavery. The EU continuously seeks to strengthen its fight against this crime, latest with the Directive on Prevention, Combat and Protection adopted in April 2011. But to what extent is the EU able to fight human trafficking through law? Human trafficking is a complex problem which can be assessed from different perspectives. The EU primarily addresses the fight against human trafficking through criminal law, and this thesis investigates the e...

  18. Police Deprivation of Third Parties’ Liberty – A Field of Tension between National Police Law and the European Convention on Human Rights, as illustrated by Austin & Others v the United Kingdom

    Directory of Open Access Journals (Sweden)

    Steinar Fredriksen

    2015-07-01

    Full Text Available In Austin & Others v the United Kingdom The European Court of Human Rights came to the conclusion that the use of a police cordon, also known as “kettling”, where approximately 2000 people were forced to remain inside the cordon for up to eight hours, did not amount to deprivation of liberty under Article 5 (1 of the European Convention on Human Rights. This conclusion was reached by way of restrictive interpretation of the term “deprivation”. Previous case law establishes a set of criteria to be used when deciding if an infringement on the physical liberty to move from place to place constitutes a deprivation of this liberty, or merely a restriction upon it. These criteria were upheld in Austin, but were found to give room for taking into account the context and circumstances in which the police cordon was used. The previous view of the Court that the grounds justifying deprivations of liberty listed in Article 5 (1 (a-f are exhaustive, was also upheld. In this article the starting point is the close relationship between national police law regarding the maintenance of security and public order on one hand, and the principle of necessity on the other. It is emphasised that “necessity”-based norms in national police law can make police measures directed against innocent third parties legal, deprivations of liberty included, but that this possibility would have been absent in Article 5 (1 of the Convention without the aforementioned restrictive interpretation of the term “deprivation”. An attempt is made to show that this interpretation is in fact based on central elements of the principle of necessity. Furthermore, it is attempted to show that the restrictive interpretation can be seen as a reflection of the need acknowledged in national police law, as well as in other articles of the Convention, to direct police measures against innocent third parties.

  19. Corporate Language and Corporate Talk

    DEFF Research Database (Denmark)

    Zølner, Mette

    2013-01-01

    The article presents the case studies of two Danish based multinational companies (MNCs) which provides the an insight into the role of languages in organizational learning. It mentions that the studies focus on the sharing of the understanding and practices among their employees across the geogr......The article presents the case studies of two Danish based multinational companies (MNCs) which provides the an insight into the role of languages in organizational learning. It mentions that the studies focus on the sharing of the understanding and practices among their employees across...... the geographical borders by the medium of common corporate values for knowledge management, collection of data and analysis in these studies inspired by approach of ground theory and presents a usefulness of distinguishing between corporate language and talks to enable the headquarters learning. Also it concludes...... that both of the MNCs are of Danish origin but executives of both companies are proficient in English language....

  20. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....