Werlauff, Erik; Dorresteijn, Adriaan; Teichmann, Christoph
This fully updated new edition provides the best-known practical overview of the law regarding companies, business activities, and capital markets in Europe, at both the European Union (EU) and Member State levels. It incorporates analysis of recent developments including the impact of global......; - a company’s freedom to incorporate in a jurisdiction not its own; - competition among the legal forms of different Member States; and - safeguarding of employee involvement in cross-border transactions. With respect to national law, the laws of Belgium, France, Germany, the Netherlands, Poland, Spain...... 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...
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....
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...
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...
Globalisation has given commercial parties more freedom to choose the company law system that best suits their private needs. The growing range of techniques to facilitate choice between systems of company law reshapes the mandatory/enabling debate in countries where corporate mobility is a relatively new business phenomenon and where the past focus has mostly been on degrees of flexibility within domestic law. This article examines relocations, both out of and into the UK, as a source of lea...
Wouters, Jan; Chané, Anna-Luise
This paper analyses the status, rights and obligations of multinational corporations (MNCs) under international law, focusing in particular on international human rights, investment, environmental and criminal law. Private companies wield increasing economic and social power, frequently rivalling the one of states. While they are thereby in a position to contribute to the economic and technological development of societies, they can also harm human rights, damage the environment, or commit cr...
Castendyk, O.; Dommering, E.; Scheuer, A.
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
the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between...... on European law in the making.......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...
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.
Sørensen, Karsten Engsig; Neville, Mette
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....
Sergey Yu. Marochkin
Full Text Available The focus of this paper is a necessity for law-students not only to master professional legal knowledge, but also knowledge and skills in the management of corporations and enterprises. This issue is particularly relevant for the course of European law, as well as for the corresponding master’s degree programs «Jurisprudence». Key attention is paid to the necessity of including such academic disciplines for students as the topic «Corporate governance» and the theme «Corporate Law» into the magister program of two diplomas «European and International Law» for the universities of Eastern Europe. In this context, development of corporate governance in Central Europe and Russia is compared; the problems of such management in the Russian economy are designated. The aim of this study is analysis and systematization of theoretical and methodological aspects, as well as practical guidance in the development of teaching and studying of corporate governance in high law schools and colleges. To achieve this task the following objectives were: to analyze the basic acting model of legal education and modern educational technologies necessary for the implementation of the system of higher education; organize and summarize the theoretical and methodical bases of corporate governance, its principles; define the role corporate governance in the implementation of business activity, as well as to compare its role in Russia and Central Europe; explore the practical importance of training in the field of corporate law Methods. The research is based on the dialectic method regulating legislative norms, including the corporate right and activity of managing subjects. The retrospective analysis of pedagogical achievements and forecasting were used. Results. Working models of the juridical education and the modern educational technologies are considered in the present paper. Such models help promote systemization and generalisation of leading positions of a
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.
Full Text Available We live nowadays a posteriori establishment through institutional treaties and a well-built jurisprudence that set up some of the general treaties. The structure of the European Union as well as the particular nature of the community legal order led to the establishment of some general principles, such as the principle of the institutional balance, the principle of solidarity between member states, the principle of primacy, the principle of the immediate and direct effect of the European law. It is certain that the legal order of the community law has its basis in the legal order of the International public law from which it has continuously delineated. The European communities, as subjects of the International public law are obliged to comply with the general International law, its fundamental principles and its bases, leading to some obligations capable to produce effects in the community legal order. The Court Of Justice of the European Union established as principles applicable in the European law the principles of the International public law, especially when it was called to assert regarding the International relationships of the Community as well as those of the 28 member states, confirming in the matter of the applicability of the treaties, the pacta sunt servanda rule, the principle of the good faith, the legitimate faith or the rebus sic standibus exception, all of them belonging to the custom International law.
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 presented in the article as the provisional capstone of 400 years of joint European development of company law....
... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law applicable to corporate governance. 1710.10... 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...
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 ...
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.
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.
Lando, Ole; Beale, Hugh
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 &......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......; II" cover the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form. Throughout Europe there is great interest...
A.M. Pacces (Alessio)
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
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.
Sanden, Guro Refsum
This paper explores the relationship between national language policies and corporate law in Norwegian business. By adopting a legal perspective on the national language policy of Norway as it has been stipulated by the Norwegian Ministry of Church and Culture (2008) and The Language Council...... 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...... 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...
Holtermann, Jakob v. H.; Madsen, Mikael Rask
these major positions obviously provide interesting insights, none of them manage to make international law intelligible in a broader sense. Instead, it argues for a European New Legal Realist approach to international law accommodating the so-called external and internal dimensions of law in a single more...... and combines them with insights originating from Bourdieusian sociology of law....
Colli, A.; Iversen, M.J.; de Jong, A.
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
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
Rudenko E. Y.; Usenko A. S.
Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agr...
Stout, Lynn A.
Academics, reformers, and business leaders all yearn for a single, objective, easy-to-read measure of corporate performance that can be used to judge the quality of public corporation law and practice. This collective desire is so powerful that it has led many commentators to grab onto the first marginally plausible candidate: share price. Contemporary economic and corporate theory (as well as recent business history) nevertheless warn us against unthinking acceptance of share price ...
G. van Calster (Geert)
markdownabstract__Abstract__ This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on
As a former editor of the predecessor to this journal, namely Merkourios, it gives me great pleasure to write the editorial for the 81st issue of the Utrecht Journal of International and European Law (“UJIEL...
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.
This publication brings together the most important European and international regulation in the area of labour law. It includes regulations from, among others, the European Union, the Council of Europe and the International Labour Organisation. The selected regulations are decisive to some extent
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,
The article discusses the role that law plays for CSR in substance, action and reporting, including whether CSR functions as informal law. The theoretical point of departure is based in legal science. Through a discussion of various contexts of CSR in which law and legal standards feature, the ar...
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...
crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC’s case law that limited the direct effect of directives to the vertical relation between citizens and the respective member state and excluded any horizontal effect. The story is an example of how the activist...
Abbing, Henriette D C Roscam
International (European) organizations have impact on health law. The most recent developments are: a revision of the world Medical's Association Declaration of Helsinki, a proposal for a Directive (European Commission) on standards of quality and safety of human organs intended for transplantation, accompanied by a ten point action plan; a proposal (European Commission) for a Directive on the application of patients' rights in cross-border health care; a proposal (European commission) for a Directive on information to the general public on medicinal products subject to medical prescription.
Olga M. Mesheriakova
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.
Oleck, Howard L.
About half of the formal organizations and enterprises in the United States are nonprofit in nature. Trends in laws affecting them are reviewed, including tax exemption, officer status, civil rights, management practices, and federal court interposition. (LBH)
Geradin, Damien; Contreras, Jorge L.
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
Böckli, P.; Davies, P.; Ferran, E.; Ferrarini, G.; Garrido, J.; Hopt, K.; Pietrancosta, A.; Pistor, K.; Skog, R.; Soltysinski, S.; Winter, J.; Wymeersch, E.
This paper contains the views of the European Company Law Experts (ECLE) on the future of European company law. The paper accompanies the responses of the European Company Law Experts to the European Commission’s Consultation on the future of European Company Law of spring 2012. In the first part of
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
is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates...... 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...... 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....
ANDREESCU Nicoleta Alina
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.
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...... is offered by the EU’s approach to regulating sourcing of natural resources through a combination of law and the market, including due diligence requirements on business and the EU's new Non-Financial Reporting Directive. Identifying inconsistencies and ensuing challenges, the article demonstrates...
Carlos Andrés Arcila Salazar
Full Text Available This paper has the goal of discussing the colombian regulations regarding conflict of interests in corporate law based on national doctrine, and comparative law, to understand the current discussions in this matter and to see what the analysis of the future legislative reforms must focus on.
C.B.M. van Riel (Cees)
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
Examines how the European Convention on Human Rights and its case law could combat sexist education and develop concepts of philosophical convictions, the European Community's duty, and children's rights. Considers feminist strategies for improving girls' education, English and European procedural laws, and difficulties of using English law. (RLC)
Holwerda, J.M.; Mueller, H.K. [Groningen Centre of Energy Law, Rijksuniversiteit Groningen RUG, Groningen (Netherlands); Mutsaers, A. [De Brauw Blackstone Westbroek, Amsterdam (Netherlands)
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. [Dutch] Op 11 en 12 april 2011 vond te Noordwijk aan Zee wederom het jaarlijkse - 24ste - European Energy Law Seminar plaats. De eerste dag stond in het teken van de liberalisering van de energiemarkten en klimaat- en energie, terwijl de tweede dag gewijd was aan energievoorzieningszekerheid, de upstream sector en ontwikkeling van de energie-infrastructuur.
Geert Van Hoorick
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.
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
Nyoman Indra Juarsa
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
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.
Meulen, van der B.M.J.; Velde, van der M.
“Food Safety Law in the European Union” analyses the substantive and procedural elements of food law, taking the General Food Law as a focus point. In substantive law general principles are treated, as well as the rules on the composition of food, the handling of food, and the communication about
European integration and law: four contributions on the interplay between European integration and European and national law to celebrate the 25th anniversary of Maastricht University's Faculty of Law
Curtin, D.; Smits, J.M.; Klip, A.; McCahery, J.A.
This book offers four stimulating views on European integration and law. Four experts in the fields of European law, private law, criminal law and company law discuss to what extent European integration has affected their respective fields of interest. In addition to this, they offer their views on
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
the emerging academic field of European law was deeply involved in legitimating the jurisprudence of the Court of Justice in the 1960s. In the second part of the article, the starting point is to place mainstream legal and political science studies of European law in a historical perspective in order...... of the development of European law. To historians, mainstream legal and political science scholarship rather seems to be part of the research object....... constituted by the Commission’s legal service, transnationally organised pro-European jurists and the European Parliament. When the Court of Justice in the two key judgments, Van Gend en Loos (1963) and Costa V. ENEL (1964), took the decisive steps to transform European law into a semi-federal legal order...
Sørensen, Jakob B; Torp, Kristian
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...
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.
In order to shed further light for our readers, we analyze by emphasizing the significant differences between the civil law and common law system on one side and the legal families that are part of the same legal system, either “Civil” or “Common,” on the other side. The Europeanization of law refers to the communization of the law by EU institutions and to a process that aims at creating a common Europe legal system. In the end, either in medium or long term, the Europeanization is contributing to the so-called non-mandatory or soft harmonization of private law. It is in the best interest of the EU to seek adequate judicial instruments to accommodate the massive numbers of laws deriving from different Civil Law and the Common law systems.
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...
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
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.
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.
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.
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.
Kizdarbekova, A.; Aliyeva, L.; Turganbaeva, Z.
The concept of corporation in the legislation of Kazakhstan, legal literature is considered in work. The history of formation of this category of corporation since the Roman period is analyzed. The signs characterizing corporation in the legislation of the certain countries, during the different periods of formation of this concept are considered. The main signs are revealed to which member nature of participation in association of persons and capitals; absence of corporate responsibility on ...
Full Text Available The European Union is preparing a series of regulations governing in detail various aspects of grid operation and free-market trade in electricity and gas, the so-called network codes. The paper reviews this process of European energy legislation development. Also discussed are the European Union bodies and major stakeholders in this process, as well as the national law making and enforcing agencies. In the past, law in Poland was created by Polish citizens. After joining the European Union the law in effect is largely created elsewhere by someone else, even if with significant participation of Polish representatives. The law on energy is not only important for producers, distributors and trading companies, but it strongly effects industrial competitiveness and hence the quality of life of the population.
Storgaard, Louise Halleskov
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...
European countries share a number of fundamental values and ideas, but when it comes to the organisation of health care sectors and attitudes to basic patients' rights, there are also vast differences. Consequently, at the European level health law has to balance between the aspiration for uniformity and universal respect for fundamental rights on the one hand, and acceptance of national diversity on the other. The aim of the article is to characterise European health law in terms of both divergence and harmonisation, and to explore the tension between these two features in light of current trends and challenges.
Full Text Available The paper examines recent developments in the European Union's anti-dumping policy, as it is applied towards China. It concentrates on recent court cases involving dumping from China and on the basic non-market economy issue. The author essentially argues that the European Union's policy does not take account sufficiently of China's development towards a market economy, and that there are various legal flaws in the way the policy is applied.
This paper investigates the corporate governance voluntary and non-voluntary disclosure practices of the listed companies from four European emerging countries, namely Estonia, Poland, Hungary and Romania. The study also identifies how compliant are the companies from these countries with their national corporate governance recommendations, including the compulsory corporate governance information, but also how willing they are to disclose voluntary corporate governance information. Finally, ...
Mihaela V. Cărăuşan
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.
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 specifically the position of small and medium sized enterprises (SMEs). Here many normative questions are still left unresolved. This means that a normative framework is called for to make coherent...
European countries have amended their bankruptcy statutes in the past decades to increase the likelihood of a company's continuation in bankruptcy. Liquidation procedures are ill suited to realize the full value of the company as a going concern. An infusion of new finance raises company valuation
Jernej Letnar Cernic
Full Text Available Globalisation has blurred the artificial borders that exist between economies and societies around the world. The activities of corporations in this globalised environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. It appears that the paradigmatic change demands an equal emphasis of rights and obligations of corporations. This article discusses and critically analyses corporate human rights obligations and the lack thereof under stabilization clauses in foreign investment contracts. First, stabilization clauses in foreign investment agreements are examined in relation to corporate obligations and responsibility for fundamental human rights. In doing so the substantive and procedural dimension of stabilization clauses is analysed. Second, using the concrete examples of the Mineral Development Agreement between Mittal Steel and the Government of Liberia Mittal Steel Agreement and of the Baku‐Tblisi‐Ceyhan Pipeline Project as case studies, this article considers an application of stabilization clauses in foreign investment contracts in relation to the fundamental human rights obligation of states and of corporations. Third, a proposal for reform in the form of a fundamental human rights clause is introduced. To be clear, the argument here is that the fundamental human rights obligations of investors, particularly of corporations, must be included in foreign investment agreements.
The book focuses on deregulation and unbundling of the European electricity market. The structure of the European power supply industry is described, with the focus on Germany. European and German boundary conditions are outlined, and the German Erneuerbare-Energien-Gesetz (Renewables Act) and its amendments is discussed in detail. The author discusses if the mechanism claimed in this Act for funding of renewable energy sources is compatible with European law, especially as regards competition and free trading as well as financial aids. It is found that there should be no doubts on a European level as any obstacles set by the Act are justified by European environmental policy. The case is different on a national scale as the mechanism concerning exceptions form the rule is incompatible with the equality principle laid down in the German constitution. (orig.)
Peterková, Helena; Císarová, Dagmar; Sovová, Olga; Holcapek, Tomás
As the field of medical law is regarded, since the 1950s two most significant entities recognized by international law have been present in the sphere of Europe: The Council of Europe which members signed to protect fundamental rights and freedoms and the European Union established upon the original European Communities which influence protection of fundamental rights steadily tends to grow especially in the last decades and results in a legally binding Charter of Fundamental Rights of the European Union. Despite the impressive amount of reservations and exceptions to the conventions, the European Convention for Protection of Human Rights and Fundamental Freedoms and particularly the Convention on Human Rights and Biomedicine are presented as great instruments for influencing national laws. The role of European institutions in coordinating, harmonising or even unifying national laws as far the issue of public health is concerned is much more difficult - on one hand there are the legal binding measures permitted under specific provisions of EU Treaties to define the minimum standard, on the other hand the subsidiary of the Union's action in the area of public health and the doctrine of complementary competence happen to be rather dominant.
Petersen, Clement Salung; Schovsbo, Jens Hemmingsen
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......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...... requires legal institutions, which support the purposes and policies underlying the substantive law in question, and that legal institutions affect the law. The first observation leads to a discussion of the requirements which a common judiciary in the European patent system should satisfy and different...
This essay aims at delving into the issues raised by the application of the Law No. 194/1978 in the matter of the voluntary termination of pregnancy, taking into account the constitutional principles, the judgments of the Italian Constitutional Court and the recent decision on the merit of the Collective Complaint No. 87/2012 (International Planned Parenthood Federation European Network v. Italy) adopted by the European Committee of Social Rights.
Arif Riza; Fatmir Halili
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 organi...
The previous articles on the European Union and health law have looked at the effect of EU law on the practitioner and on the patient. This article considers the impact on public health. This is a broad concept, and the impact of EU law is equally broadly felt. There is a general recognition of the importance of health issues, reflected in Article 152 (1) EC, A high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities. This article focuses particularly on the impact of Article 152 on public health within individual member states.
Betlem, G.; Hondius, E.H.
The communitarization of the private law of the Member States has been given a significant impetus by the transfer of EC competence regarding judicial cooperation in civil matters from the third to the first pillar of the European Union. That is to say, under a new title of the EC Treaty, a single
Whatever its importance may be, the draft regulation for a common European sales law (CESL) has had one major effect. It has been discussed all over Europe and even outside. The question whether or not an Optional Instrument should be introduced, is hotly debated. Basically, authors have either
Hooghiemstra, Sebastiaan Niels
In practice, the same investment firms and credit institutions are acting as a custodian for discretionary mandates and ‘execution only’1 services under MiFID II/CRD IV, a depositary under the AIFMD/UCITSD V and a depositary/custodian under IORPD II. The European investment laws, i.e. MiFID II, CRD
The Commission on European Family Law (CEFL) initiated a research project based on transnational collaboration that was generally believed to be impossible to realize in Europe. Never before in legal history, has such a large group of scholars investigated the possibilities for and contributed to
Transformation is a process closely connected with reforms in the property-rights regime, but retransfering the ownership has been the core of this process in all post communist countries. The objective of this article is to analyse the drafting of commercial legislation in Albania and Macedonia and in which way corporate enterprises were affected from the structure of economic organizations during socialism.
Full Text Available Transformation is a process closely connected with reforms in the property-rights regime, but retransfering the ownership has been the core of this process in all post communist countries. The objective of this article is to analyse the drafting of commercial legislation in Albania and Macedonia and in which way corporate enterprises were affected from the structure of economic organizations during socialism.
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
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.
Dinh TRAN NGOC HUY
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.
Baumberg, Ben; Anderson, Peter
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.
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 thei...
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 thei...
Vermeulen, Erik; Mc Cahery, Joseph; Fenwick, Mark; Callison, James
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
In 2011, the Danish government announced that from June that year it would no longer cover the costs of medical interpreters for patients who had been living in Denmark for more than seven years. The Dutch Ministry of Health followed with an even more draconian approach; from 1 January 2012, the cost of translation and interpreting would no longer be covered by the state. These two announcements led to widespread concern about whether or not there is a legal foundation for interpreter provision in healthcare. This article considers United Nations treaties, conventions from the Council of Europe and European Union law. European Union member states have been slow to sign up to international agreements to protect the rights of migrant workers. The European Union itself has only recently moved into the area of discrimination and it is unclear if the Race Directive covers language. As a result, access to interpreters in healthcare, where it exists, is dependent on national anti-discrimination legislation or on positive action taken at national or local level rather than on European or international law.
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.
Greer, Scott L; Hervey, Tamara K; Mackenbach, Johan P; McKee, Martin
From its origins as six western European countries coming together to reduce trade barriers, the European Union (EU) has expanded, both geographically and in the scope of its actions, to become an important supranational body whose policies affect almost all aspects of the lives of its citizens. This influence extends to health and health services. The EU's formal responsibilities in health and health services are limited in scope, but, it has substantial indirect influence on them. In this paper, we describe the institutions of the EU, its legislative process, and the nature of European law as it affects free movement of the goods, people, and services that affect health or are necessary to deliver health care. We show how the influence of the EU goes far beyond the activities that are most visible to health professionals, such as research funding and public health programmes, and involves an extensive body of legislation that affects almost every aspect of health and health care.
Ecchia, Giulio; Gelter, Martin; Pasotti, Piero
It is one of the well-known cornerstones of corporate governance that (minority) share-holders are subject to a risk of being expropriated by the controller of the firm, i.e. either entrenched management under a dispersed ownership structure or a controlling share-holder under concentrated ownership. On the other hand, economic theory has increasingly begun to recognize the role of employees and other "nonshareholder constituencies" during the past years. While potential shareholders may be r...
... 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...
Schovsbo, Jens Hemmingsen; Petersen, Clement Salung
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...
Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.
Full Text Available УДК 342.25The purpose of this article is to study the legal status of a municipality as a corporation in Canadian law.The methods of theoretical analysis, along with legal methods, including formal-legal method are used to achieve this goal.Results. In the article the author notes the difficulties in determining the legal nature of a municipal corporation in legal research. In literature, there exists an approach to the corresponding subject as both a public corporation, differentiating from the entrepreneurial form (J. Dillon, E.A. Sukhanov, as well as the dual approach, which allows for the double, private-public character of its legal nature (I. Rogers.As the author maintains, a municipal corporation in Canadian law can be defined as a form of a statutory corporation of a special kind, the legal personality of which, unlike one of the common law corporations, is limited by normative legal acts (statutes of general or individual character.Despite the existence of general theoretical framework of legal design of a municipal corporation, legislators of Canadian provinces differ in determination of its elements. Among the most common elements to be identified is the population, but in some cases the legislation also indicates the territory and local government bodies.The form of a statutory corporation also presupposes the definition in the legislation of a clear goal (goals for its creation. At the same time, as noted in the article, the tendency of the recent time is a departure from specifying concrete goals in favor of more general formulations.Conclusions. This tendency, together with other separate measures to liberalize the legal status of municipal corporations (for example, giving municipalities the status of natural person, without reconsidering the fundamental foundations of their legal nature, indicatesa virtual erosion of the approach to the status of a municipality as a statutory corporation, as well as the need for both
Dr.Sc. Bejtush Gashi
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.
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.
Bätza, Hans-Joachim; Mettenleiter, Thomas
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.
ANDRA ROXANA ILIE
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.
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...... neighbourhood policy. It is argued that the innovative nature of the ENP for coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments. It is concluded that from a purely EU-internal and institutional...... perspective, this approach was reasonably successful in involving different actors towards common objectives in the neighbourhood. However, coherence should be more than rhetorical gloss, and agreeing that a wide range of initiatives should be included in soft legal instruments is no guarantee for coherence...
Elson, Charles; Berglund, Tom; Rapp, Marc Steffen
-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...... are large controlling shareholders, including the main banks themselves, and few takeovers or other signs of a well-functioning corporate control market. Given the steady increase in the globalization of business and international diversification by large institutional investors, the panelists were asked...... have already begun to look much like those in the U.S. and U.K., with much less reliance on bank loans and greater use of bonds and public equity. And these financing changes have resulted in major changes in ownership structures that have seen local main banks largely supplanted by foreign...
Zupancic, Rok; Pejič, Nina; Grilj, Blaž
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...... 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...... with EU personnel, governmental and non-governmental actors in Kosovo, and independent observers....
Kjær, Anne Lise; Palsbro, Lene
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......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...
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.
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....
A.A. Bootsma (Bart)
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
This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a
This article considers the impact of the European Convention on Human Rights and Fundamental Freedoms (ECHR), both in its own right since the 1950s, and in conjunction with the Human Rights Act 1998 (HRA) when this brought these rights home by incorporating them into the domestic law of the UK thus enabling our judiciary to give effect to them directly. The ECHR and the HRA say very little, if anything, expressly about health or health care, but have been relied on by litigants in a wide range of contexts, including but not limited to, assisted reproduction, abortion, access to treatment, management of health records, end of life issues and the investigation of potentially negligent or criminal conduct by professionals.
This is the text of a lecture delivered at the World Conference of the International Academy of Law and Mental Health in Sydney in September 2003 on the occasion of the award to the author of the Prix Philippe Pinel. Its theme is the potential of the European Convention on Human Rights to secure the human rights of people with mental disorders and disabilities, viewed in the context of the legislation on mental health and mental incapacity in England and Wales. Its conclusion is that the Convention is better at protecting them from unwanted or unnecessary treatment and care than it is at securing for them equal access to the treatment and care they want or need. The lecture has been updated to reflect developments in the United Kingdom since 2003.
Mossialos, Elias; Thomson, Sarah; Ter Linden, Annemarie
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.
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
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.
Neamt Valentin Paul
Full Text Available This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.
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.
Telnova Hanna V.
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.
Full Text Available In this article, we propose to analyze the content of the Manifesto on European Criminal Procedure Law of 2013, and how this document can represent a foundation for the legal cooperation of the European states, and also for creating a unique, common space of European criminal justice. Elaborated by the European Criminal Policy Initiative and launched on November 2013, the Manifesto on European Criminal Procedure Law contains the principles and the rules that should be followed by the European penal legislator when gives shape to the laws in the field of Criminal Procedure. This document represents a natural following of the first Manifesto, in the field of substantive criminal law of 2009. The Manifesto concerns mainly the rules and the principles of criminal procedure because, as its authors affirm, this kind of rules have increasingly been shaped lately in European regulations, and also because the regulations in this field must reflect and respect the highest standards of the rule of law, as they must continuously and without exception guarantee the fundamental rights. In this study, we propose to focus upon the legal solutions found out by the authors of the Manifesto in order to attain, during the criminal proceedings, an equilibrium between the interest of the state and even of the Union to realize an effective criminal proceedings, and the individual human rights that are affected, and also an equilibrium between the actual legal order and the traditions of the member states.
Brinduşa Camelia Gorea
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.
Kuijper, P.J.; Cannizzaro, E.
This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of
Full Text Available Transport law in Poland is defined as a set of regulations governing not only the issues related to transport itself but also as a set of standards governing the organization of transport. The article presents brief characteristics of logistics law and regulations in Poland and European Union as well as industry enforced standards that complement the formal laws
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.
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.” 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 ...
J. Augusto Felício
Full Text Available This research focuses on the relationship between corporate governance and performance in the largest European listed banks, which have been studied to a lesser extent within this field. The study is based on agency theory and we use a sample of 404 observations referring to 97 banks selected from the annual ranking of the 2,000 biggest companies in the world prepared by Forbes. The paper covers the period from 2006 to 2010, thus, examining the changes in the performance drivers in the recent financial crisis. On the basis of the panel data analysis, we confirm that the variety of governance factors including board size, insider appointed, directors’ age, board meetings and affiliated committees influence the performance of the banks. This paper contributes to a better understanding of the effect of corporate governance on the financial performance of the financial companies in times of high capital market volatility.
Župan, Mirela (ed.)
The Faculty of Law at the Josip Juraj Strossmayer University of Osijek and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), within the framework of the Open Regional Fund for Southeast Europe (ORF) – Legal Reform and South East European Law School Network, organized the 11th Regional Private International Law Conference: “Private International Law in the Jurisprudence of European Courts – Family at Focus” (Osijek, Croatia, 11-12 June 2014) It was the 11th meeting of academics: p...
ANDREESCU Nicoleta Alina
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.
Klaus J. Hopt
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.
Lohse, Theresa; Riedel, Nadine
In recent years several countries have augmented their national tax laws by transfer pricing legislations which intend to limit the leeway of multinational fi rms to exploit international corporate tax rate diverences and relocate profit to low-tax affiliates by distorting intra-firm transfer prices. The aim of this paper is to empirically investigate whether these laws are instrumental in restricting shifting behaviour. To do so, we exploit unique information on the scope and evolution of na...
Whereas the importance of the concept of ecosystem services is growing ever stronger in other scientific disciplines, law discourse does not seem to be very aware of it. As this paper advocates, EU nature conservation law would greatly profit from adopting the concept of ecosystem services, thus
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
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 and human rights are closely interlinked, it is important to integrate health law and health policy. It is to be expected that, especially in Europe, the impact of health law on health policy-making will increase as a result of several developments, e.g. the internationalization of health care and health policy, the issue of consumer protection and the legalization of society. This requires a strategy to stimulate the fruitful relationship between health policy and health law. The most important components of this strategy are discussed.
Douma, S.; Kardachaki, A.
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
While freedom of contract has generally been recognized as a leading principle of European contract law, national contract laws as well as EU measures show remarkable differences with respect to the limits they impose on contractual freedom in light of the public interest or common good. Whereas
This article considers to what extent European law invites – or requires – inapplicability of the so called ‘speciality principle’ in Dutch administrative law. I shall be concentrating on the question to what extent an administrative authority considering whether or not to grant a permit is
Alonso, Patricia Dominguez
The working end of Law Degree is called to develop an important role when we consider that the European Higher Education Area is the student manager of his own learning and is considered essential that the student of law, among other skills, to acquire critical thinking skills, investigation techniques, personal development work and use of legal…
Colombi Ciacchi, Aurelia
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
Zunino, Luciano; Bariviera, Aurelio F.; Guercio, M. Belén; Martinez, Lisana B.; Rosso, Osvaldo A.
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.
Twenty years have passed since the new Family Code of the Russian Federation (RF), which has become the key source for family law in Russia, was signed into law. During this period, the Family Code has frequently been criticized by experts on the administrative and judicial practice of civil jurisprudence. Legislators have begun to pay attention to these experts’ assessments of the law to determine what reforms may be necessary. The purpose of this paper is to analyze the current problems wit...
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
Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.
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.
Mittag, Oskar; Welti, Felix
Medical rehabilitation practice differs substantially among European countries. In most countries, rehabilitation is predominantly carried out on an outpatient basis. It is funded by health care, and rehabilitation facilities are not very specialized in terms of specific indications. In contrast, medical rehabilitation in Germany is mostly carried out on an in-patient basis as a contained 3‑week treatment. European law and European policies merely have an indirect impact on rehabilitation practice in Germany. In this article, the advantages and disadvantages of the various forms of rehabilitation services are discussed.
Torp, Kristian; Sørensen, Jakob B
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 European arbitration landscape. Even so, we have attempted to include and contribute to a few of the main discussions concerning the landscape in which the decisions were rendered in the introductory section. In the last section, we build on the reasoning of the two Supreme Courts in order to propose...
Aranđelović Jovan T.
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. .
de Weijs, R.J.
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
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.
Full Text Available Research into new forms of energy is a current challenge. This paper aims to inquire into the real advantages of bioenergy and its sustainable development within the European legal framework, while also considering the negative aspects of bioenergy use. The European Union, in fact, is an important supporter of bioenergy and shows that, through good legislative policy, the negative aspects of bioenergy use can be surmounted . In conclusion, bioenergy and sustainable development can still be a plausible solution to feed the planet
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
Cauffman, C.; Rutgers, J.; Sirena, P.
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
Tania FERNÁNDEZ LOMBAO FERNÁNDEZ LOMBAO
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
Colombi Ciacchi, A.L.B.; Micklitz, H.
This chapter explores how and for which societal governance purposes fundamental rights are applied by national and European courts in cases concerning litigations between private parties. After having analysed how the horizontal effect of national and EU fundamental rights works and which policy
Aline França Campos
Full Text Available The Law 13.146/2015, which established the Statute on Persons with Disabilities, completely changed the regime of incapacities. Such alteration has a impact on business aspects, mainly in the characterization of the individual business person. The article 972 of the Civil Code states that one who intends to exercise individual business activity should be in full exercise of his civil capacity. It occurs that the Law 13.146/2015 modified the articles 3 and 4 of the Civil Code, suppressing the hypotheses before consecrated as incapacities. Thus many are no longer considered incapable, which would allow, at first, to begin to individually exercise economic corporate activities.
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
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
Basse, Ellen Margrethe
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....
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
The regulation of the social implications of transfers of undertakings is a topic that has made its way in the European law with quite enough difficulty, but became in time an increasingly discussed topic. Since the transfer of an undertaking from an employer to another could not be achieved with disregard of its human capital, the European legislator has established a legal framework ensuring the safeguarding of employees' rights in the event of transfers of undertakings. Currently, the main...
Full Text Available In the process of adopting administrative acts, public authorities are obliged to respect both the national provisions legally superior and European Union law with superior legal force and also the general principles of law, including those imposed by the constant practice of the Court of Justice of the European Union. Implementation and maintenance at the level of the Member States of inconsistent acts with EU law affect the obligation of community loyalty and ensure the full effectiveness of EU law which rests on their failure could result in an action of breaching community obligations. Revocation is the legal transaction that the issuer has withdrawn its own body act on its own initiative or pursuant to the provisions of the superior authority. The disappearance of the illegal administrative act of domestic law doesn’t necessarily involve restoring legality community as for this may be necessary the adoption of a new act. While acknowledging the procedural autonomy of the member states, the European Union law requires that national administrative rules concerning the acts revoking to respect two of its general principles - the principle of legal certainty and legitimate expectations principle, which can cause a number of complications, constraints on public administrations. The present contribution aims at examining the various influences on which the Union right performs towards this matter.
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
Helza Nova Lita
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
Elgaard, Karina Kim Egholm
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...... interpretative principles the Charter triggers itself in connection with interpretation of fundamental rights comprised by the Charter. The Charter has proved to play an important—but also diversified—role in both formal and substantive aspects of VAT law, such as national rules on administrative sanctions...
The settlement of a cross-border securities transaction is riskier and eleven times more expensive than the settlement of a purely domestic transaction. This dramatic discrepancy is mainly due to differences in national securities laws. Matthias Haentjens argues that national systems of securities
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
This sectoral report is meant to sketch in broad lines the current views on the so-called ‘constitutionalisation’ of European contract law. To what extent does the application of fundamental rights in the regulation of contractual disputes refer or contribute to an underlying system of values of
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
Purnhagen, K.; Rott, P.
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
Ana Maria Delgado
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.
Loos, M.B.M.; Schelhaas, H.
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
The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.
In this contribution we will look at how the traditional European social security conventions shape the fundamental right to health care. As to the instruments under investigation we focus upon the regional agreements that have been enacted within the framework of the Council of Europe. More specifically we will discuss how the (Revised) Social Charter and the minimum standard setting instrument (Code) give expression to the right to access to health care. This overview is then complemented by an analysis of recent case law of the European Court of Human Rights. The latter Court is indeed increasingly screening the national social security rules on their compatibility with the fundamental rights, as they are enshrined in the European Convention on Human Rights. Hence we will dwell upon the potential impact of this case law on the right to access health care. In the conclusions we will compare the three instruments regarding their legal interpretation of the right to health care.
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 Contract Terms Directive and second on the proposal for a Common European Sales Law.
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
Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of…
Hermes, Niels; Postma, Theo J. B. M.; Zivkov, Orestis
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
The paper examines the role of replication in the development and governing of corporate ventures.......The paper examines the role of replication in the development and governing of corporate ventures....
Any model of corporate governance must answer two basic sets of questions: (1) Who decides? In other words, when push comes to shove, who has ultimate control? (2) Whose interests prevail? When the ultimate decision maker is presented with a zero sum game, in which it must prefer the interests of one constituency class over those of all others, whose interests prevail? On the means question, prior scholarship has almost uniformly favored either shareholder primacy or managerialism. On the end...
Chan Mo Chung
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.
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.
.... 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...
Rutledge, I.; Wright, Ph. [Sheffield Univ., Energy Studies Programme (United Kingdom); Wright, Ph. [Montpellier-1 Univ., CREDEN-LASER, 34 (France)
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)
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.
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.
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...
Full Text Available 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 contribute to such non-economic goals. In this article we explore whether it is possible to establish a different normative framework, in which such goals can be taken into account and can be balanced against the economic goal of consumer welfare. To answer this question, we take four steps. First, we discuss current EU competition law and the difficulty of fitting non-economic goals into the dominant interpretation of that law. Second, we propose a different normative framework, based on the capability approach advanced by philosopher Martha Nussbaum and economist Amartya Sen. Third, we argue that there are good principled reasons to incorporate non-economic goals into competition law. Fourth, we apply both the capability approach and the consumer welfare approach to three (illustrative cases in which non-economic goals are at stake. Overall, we argue that the capability framework, although not without difficulties of its own, may provide a more legitimate theory for the interpretation of European competition law.
Primavera De Filippi
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.
The second conference of the European Association of Health Law took place in the Royal College of Physicians in Edinburgh, Scotland on 15-16 October 2009. The event was generously sponsored by the British Academy and the AHRC/SCRIPT research centre based in the School of Law at the University of Edinburgh. The meeting was attended by 115 delegates from 26 countries and preceded by a public debate on assisted dying. This report gives an account of these events and the future direction of the work of the Association.
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 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 this article, the question is addressed as to whether European patent law discriminates against medical devices and in favor of pharmaceuticals, and, if so, whether such discrimination is unfair to the medical devices sector. Three forms of discrimination are identified: the availability of Supplementary Protection Certificates for pharmaceuticals; the allowance of first medical indication claims for pharmaceuticals; and the allowance of second and further medical indication claims for pharmaceuticals, now enshrined in the most recent version of the European Patent Convention. The first two forms of discrimination are found to be arguably justifiable, whereas the third is not.
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
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.
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 ...
Sandra E. Romagnoli
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.
Lina María Céspedes-Báez
Full Text Available In 2011, after four years of lobbying and political wrangling, Colombia approved Law 1448, commonly known as the Victims Law. Its aims are broad: to be the comprehensive body of law to address civilian population claims related to the armed conflict, and therefore to include the necessary legal reforms to restore the rule of law through the enforcement of victims’ rights. Currently, government, civil society and scholars are focused on the major issues of the Law, specifically land restitution and assistance for victims. However, this new body of Law, with its 208 provisions, is broader than that, and a close review of its articles is urgently needed. One little-studied and apparently forgotten provision is Article 46, which appears to put in place a specific directive to enhance the prosecution of juridical persons for violations of human rights and international humanitarian law in the context of the Colombian armed conflict. However, a thorough analysis of its wording and history reveals that Article 46 is incapable of establishing links between businesses and human rights and humanitarian law violations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutions that require further investigation to fill the lacuna that already exist in the country in this subject.
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.
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.
Full Text Available The regulation of the social implications of transfers of undertakings is a topic that has made its way in the European law with quite enough difficulty, but became in time an increasingly discussed topic. Since the transfer of an undertaking from an employer to another could not be achieved with disregard of its human capital, the European legislator has established a legal framework ensuring the safeguarding of employees' rights in the event of transfers of undertakings. Currently, the main legal basis in the field consists of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses - the Transfer Directive. The paper aims to achieve a critical analysis of European regulations on the protection of employees' rights in the event of transfer of undertakings as a result of a merger. The scope of the Transfer Directive, the obligation to inform and consult employees in advance and the transfer of rights and obligations arising from the contract of employment as a result of a merger are being approached. In the study, matters on which the current European legal framework requires improvements so that the achieving of its objective be possible beyond interpretation and controversy are highlighted.
María Caterina La Barbera
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.
Kaufmann, Wesley; Van Witteloostuijn, Arjen
We introduce an ecological Europeanization framework that provides the opportunity to determine the actual size of European and national rule stocks as objective measures of potential sources of external red tape drivers. We illustrate our ecological framework with the case of Dutch competition law
Full Text Available European human rights law is superior to the national laws of damages. The case law of the European Court of Human Rights now provides a sufficient reason for national lawmakers to rethink their concept of non-pecuniary damage. The fact remains that the ECtHR in its case law finds a breach of a fundamental right and remedies that breach, whereas the national law of damages affords the possibility of awarding compensation for non-pecuniary loss if the aggrieved party is injured. A conflict results: on the European level a rights-based approach is applied, and on the national level a damage/injury-based approach prevails. In this article we advocate a change in the national law of damages in order to ensure that the law of damages remains durable and consistent when confronted with judgments of the ECtHR: we advocate accepting and incorporating a rights-based approach.The clash between European human rights law and the national law of damages is clearly expressed in the different approaches regarding bereavement damage. Under Dutch law a proposal aimed at introducing a legal basis for compensation for this type of loss was rejected a few years ago, whereas the ECtHR, starting from its rights-based approach, has found that compensation for non-pecuniary loss should be available as part of the range of redress mechanisms when a government body has infringed a family member’s right to life. An specific argument in the Dutch discussion, i.e. the moral aversion towards compensating and determining grief and suffering, can be overcome by not making a link with grief and suffering but instead taking one’s legal position as a starting point, e.g. the breach of the right to life. A rights-based approach not only supports the idea that any rights infringed should be remedied, but also implies a moral dismissal.
Kranenburg, H.L. van; Ross, T.
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
Lina M. Céspedes-Báez
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.
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.
Gabriela Tigu; Delia Popescu; Remus Ion Hornoiu
.... We consider that Corporate Social Responsibility in tourism industry is still searching for consistency in policies, programs and practices and responds to issues particularly related to sustainable tourism principles...
Gabriela Ţigu; Delia Popescu; Remus Ion Hornoiu
.... 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...
Marinelli, E; Pichini, S; Zaami, S; Giorgetti, R; Busardò, F P; Pacifici, R
According to the most recent World Health Organization report, road accidents represent a very serious public health issue, claiming each year more than 1.2 million lives worldwide and being the leading cause of death among young people aged between 15 and 29 years. Up to now, the policies to reduce this issue are different, unbalanced and often inadequate not only in Italy, but also in the other European Countries. Specifically, the Italian Parliament has recently introduced a new law (n. 41 of March 23rd, 2016), making vehicular homicide together with road traffic injuries a criminal offense, both to be punished as a result of negligence. The measure came into force on March 25th, 2016. In this paper, the provisions of the above-reported law have been assessed, taking into account the modifications introduced in the Penal Code by this law and the impact it is having and will have on drivers on a day-to-day basis. Similarities and differences with legislative framework of some other European countries were also examined. Finally, some open questions to be solved are named as an open eye for future considerations.
Harmonisation of personal injury compensation in the European Union (EU) is crucial. Continuing on from the work begun by the European Federation of Medical Academies, a working party of the XVth Committee of the French National Academy of Medicine has sought to go beyond the restrictive framework of automobile accident compensation in order to address more universal concerns, regardless of the causes and effects of bodily injury. The specific situation of injuries resulting from medical acts was considered, both for its medicolegal complexity and its potential human consequences. After recalling relevant European legislation, the authors consider the different philosophies of medical liability and health care systems in Europe. Methodological convergence is required to achieve harmonisation of personal injury compensation regimes, and especially for the classification of different types of bodily injury, the role of social services, and the establishment of a reference for medical evaluation of injury with built-in compensation levels. The doctrines and concepts of all EU member states (civil law, common law, Nordic medical liability regimes, etc.) are discussed, together with means of facilitating their harmonisation.
International and European atomic legislation. The military and civil use of nuclear energy from the view of international law and European law; Internationales und europaeisches Atomrecht. Die militaerische und friedliche Nutzung der Atomenergie aus Sicht des Voelker- und Europarechts
Odendahl, Kerstin (ed.) [Kiel Univ. (Germany). Professur fuer Oeffentliches Recht; Kiel Univ. (Germany). Walther-Schuecking-Inst. fuer Internationales Recht
The book on the international and European atomic legislation covers the following issues: the military and civil use of nuclear energy from the view of international law and European law; the use of nuclear weapons in military conflicts; nuclear disarmament and the implementation of nuclear-free zones; the engagement against nuclear weapon proliferation; nuclear power plants from the view of international laws and the law concerning the respective interests of neighboring states; international cooperation in case of nuclear disasters - lessons learned from Chernobyl and Fukushima; the IAEA as the watchdog over the safety and peaceful use of nuclear energy? European legal requirements for the civil use of nuclear energy: EURATOM and EU norms.
Sprumont, Dominique; Gytis, Andrulionis
The industrialization and internationalization of biomedical research is not without consequences on the regulation of research or, at least, on the interpretation of that regulation. As more research is done at the international level, the pharmaceutical industry and the research community are calling for a harmonized regulation to limit the administrative burden of controlling clinical trials and to fasten the R&D process. The purpose of this paper is to analyse briefly the role of the national laws in that process. Part I will outline the structure and the nature of the international regulation of research in a European perspective. Using the examples of research ethics committees (RECs), informed consent and the question of liability and liability insurance, Part II will analyze the importance of the national laws in the implementation of this international regulation.
Martin, Robyn; Conseil, Alexandra
This article provides a critical portrait of the current state of public health policies and laws governing pandemic influenza prevention and control in Europe. It examines the role of and relationship between national public health policy and national communicable disease legislation as tools for the prevention and control of pandemic influenza, the role of Europe in pandemic disease preparedness, and the concept of harmonization across European states, including an overview of supranational initiatives and powers created to enhance harmonization of national pandemic disease policy. Short case studies epitomize important concerns around harmonization in Europe. The article considers opportunities and impediments to further harmonization. Particular attention is paid to the essential role of law as a tool to underpin and implement preparedness policies and to protect individual rights against unjustified state intervention.
Full Text Available The aim of this article is to synthesize the importance of mediation as one of the most used methods regarding the alternative solutions to courts of law. The approach is qualitative and is focused on the increasing trend of mediation in Europe, an evolution of the related European policies and the medium and long-term perspectives of mediation.. For this purpose we used the case study regarding countries such as Italy and Romania, countries that have introduced mandatory mediation before opening a judicial process. The study is important for those involved in the justice act (attorneys, lawyers, magistrates and the novelty of the study dwells in the analysis of mediation in the various European government systems.
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.
.’ 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...... the damage to the legitimacy of integration and the integrity of the Community legal order. Constitutional emergency provisions seek to provide the organs of the state with the requisite flexibility and competence to speedily and effectively deal with existential threats, while corralling the damage...
Full Text Available The paper is a brief presentation of the structures and institutions of the corporative governance, their role in the corporative control in the CEE countries in transition, i.e., insiders, banking systems, capital markets, non-banking financial agents. The paper refers to the increasing role played by the insiders, especially by the managers, in decision-making, as they tend to serve their own interests, due to their advantage concerning the business information. The development of the banking systems and capital markets may influence the governance systems, besides the non-banking financial agents, as they represent the main tools of the corporative governance. The banking system plays, by means of the credits, a special role in the corporative governance, as the debt mechanism is a means of exerting the outsiders’ control over the managers, making them act for the performance and the shareholders’ and other stakeholders’ interests. Finally, there are some conclusions concerning the features and trends of the corporative governance in some transition countries.
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.
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 the parent company's country of domicile, thus facilitating cross-border activities and establishment for European groups of companies. The article argues that an analogy should be drawn from the CCCTB Directive (the Directive on a Common Consolidated Corporate Tax Base) which is on the threshold of being...... adopted in 2012, allowing cross-border groups to be taxed for corporate tax purposes according to the corporate tax provisions in the country of domicile of the parent company....
Garnett, Kenisha; Parsons, David J
The precautionary principle was formulated to provide a basis for political action to protect the environment from potentially severe or irreversible harm in circumstances of scientific uncertainty that prevent a full risk or cost-benefit analysis. It underpins environmental law in the European Union and has been extended to include public health and consumer safety. The aim of this study was to examine how the precautionary principle has been interpreted and subsequently applied in practice, whether these applications were consistent, and whether they followed the guidance from the Commission. A review of the literature was used to develop a framework for analysis, based on three attributes: severity of potential harm, standard of evidence (or degree of uncertainty), and nature of the regulatory action. This was used to examine 15 pieces of legislation or judicial decisions. The decision whether or not to apply the precautionary principle appears to be poorly defined, with ambiguities inherent in determining what level of uncertainty and significance of hazard justifies invoking it. The cases reviewed suggest that the Commission's guidance was not followed consistently in forming legislation, although judicial decisions tended to be more consistent and to follow the guidance by requiring plausible evidence of potential hazard in order to invoke precaution. © 2016 The Authors Risk Analysis published by Wiley Periodicals, Inc. on behalf of Society for Risk Analysis.
Smith, Katherine Elizabeth; Fooks, Gary; Gilmore, Anna B; Collin, Jeff; Weishaar, Heide
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.
Crama, Y.; Leruth, L.; Renneboog, L.D.R.; Urbain, J-P.
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
Bernardo Alvarez, María Angela
The roots of synthetic biology--the redesign of biological molecules, structures and organisms--can be traced to the research developed by Jacques L. Monod and François Jacob in 1961. This field has undergone significant growth in the past ten years and its emergence has raised the question of whether the patent system is suitable to protect inventions in emergent areas as synthetic biology. The article will analyze the numerous scientific, socio-economic, ethical and legal challenges faced by synthetic biology, introducing the European Patent Law related to biotechnology as the minimum common framework and considering if more changes are needed to adequately protect the inventor rights, while taking into account the arrival of a new research culture, characterized by embracing open-innovation and open-source initiatives. The discussion will review some biotechnological patent law cases and summarize questions as whether isolated molecules of DNA are eligible for patent or the patentability of living matter, under the terms of Directive 98/44/EC. The article will finally consider the impact of synthetic biology on the European patent system.
Ginter, Carri, 1978-
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
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.
Tavares, Gabriela; Faisal, Aldo
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.
Full Text Available To attain the quality of public administration that Moldova needs in the 21st century, the upcoming modernization of public administration must include the development of a modern, sophisticated administrative law. The general principles of European Union law, unwritten principles reflecting the common European legal heritage that have been worked out and elaborated in the jurisprudence of the European Court of Justice, present a valuable source of inspiration to meet this challenge. Most principles serve to protect human rights or to implement the rule of law in the Union. The latter group includes the principles of legality, legal certainty and clarity, the protection of legitimate expectations and a couple of specific principles for a fair administrative procedure (in particular the right to be heard, the right of access to one’s file and the obligation of the authority to state reasons. Of particular interest are those principles that focus on ensuring the effectiveness, the „effet utile” of the law - a central concern in a system based on the rule of law.
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
Petrescu, Oana M
Knowledge and understanding the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into account the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentioned is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.
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.
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.
X.E. Kramer (Xandra)
textabstractEuropean civil procedural law has been in a constant state of flux since the coming into force of the Treaty of Amsterdam in 1999. The introduction of Article 65 EC Treaty was followed by numerous Community instruments in the field of civil procedure, mostly regulations that have direct
Karbe, Thomas; Braun, Christian; Wulff, Birgit; Schröder, Ann Sophie; Püschel, Klaus; Bratzke, Hansjürgen; Parzeller, Markus
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
Hesselink, M.W.; Gibbons, M.T.
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
Greer, Scott L
The European Union’s (EU) 2011 Directive on cross-border patient mobility codifies the right of any EU citizen to travel abroad for treatment and be reimbursed on the same terms as they would be at home. Governments hoped it would end the string of court cases that had reshaped EU health law but this article argues that it is likely to produce yet more judicial challenges. Patient mobility is an attractive idea with unclear definitions and divergent implementation. In many cases, providers, insurers and governments will not communicate and leave the patient with a bill – almost daring the patient to sue, and the courts to make more policy. Governments should try to prevent this by investing in coordination and alternative redress for patients who might otherwise sue.
F. J. Brewerton; Jane LeMaster
Globalization has been responsible for a number of ongoing interrelated trends including an accelerated worldwide movement toward economic integration, an ongoing proliferation of new multinational corporations, a widening search for new economic opportunities by multinational corporations, and an increasing concern for and attention to bankruptcy as a contingency strategy for multinational corporations when primary strategies catastrophically fail. The economic benefits associated with the r...
Smith, Katherine E.; Fooks, Gary; Gilmore, Anna B.; Collin, Jeff; Weishaar, Heide
Over the past fifteen years, an inter-connected set of regulatory reforms, known as Better Regulation, has been adopted across Europe, marking a significant shift in the way European Union (EU) 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 paper discusses how and why large corporations, notably British American Tobacco (BAT), worked to influence and promote these reforms. Our analysis highlights: (i) how policy entrepreneurs with sufficient resources (such as large corporations) can shape the membership and direction of advocacy coalitions; (ii) the extent to which ‘think tanks’ may be prepared to lobby on behalf of commercial clients; and (iii) why regulated industries (including tobacco) may favour the use of ‘evidence-tools’, such as impact assessments, in policymaking. We argue 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 EU. PMID:25646389
Full Text Available This paper is an attempt to empirically test a theory of access that investigates the logic behind the apparent ad hoc lobbying behavior of business interests in the European Parliament. The theoretical framework tries to explain the degree of access of different organizational forms of business interest representation (companies, associations and consultants to the European Parliament in terms of a theory of the supply and demand of "access goods". The generated hypotheses are analyzed in an empirical study of the EU financial services sector. On the basis of 14 exploratory and 27 semi-structured interviews the hypotheses are checked in the Committee on Economic and Monetary Affairs of the European Parliament.
Т. В. Пономаренко
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.
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.
Jox, Ralf J; Horn, Ruth J; Huxtable, Richard
End-of-life care practices and attitudes in Europe are highly diverse, which is unsurprising given the variety of cultural and religious patterns across this region. The most marked differences are in the legal and ethical stances towards assisted dying, although there are also variations in limitation of life-sustaining treatment and the authority of advance directives to decline such treatment. Palliative care has made a rapid and impressive development in many European countries over the last decade, and alleviating symptoms at the end of life is permitted, even if the drugs used might (in the rare case) not only relieve suffering but also shorten life. Fueled by the politically led process of European harmonization, future policies and laws on end-of-life care might converge. However, at the base of many ethical conflicts there remain deeply rooted differences about promoting the sanctity of life, eradicating suffering, and respecting patients' autonomous wishes. © 2013 Elsevier B.V. All rights reserved.
Niveau, G; Materi, J
To extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry. Using keywords to search the ECHR computerized database "HUDOC", we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court. Of the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated. The ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of "unsoundness of mind"; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country. The possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.
Full Text Available The Roman law heritage is present even today in all legislations which are part of the European civil law system. Since one of the most stable parts of all civil codes is the one concerning the intestate inheritances, in the light of the inheritance rights of the surviving spouse and the classes of heirs, this article attempts to highlight the perpetuation of some characteristics of the intestate succession since the late Roman law till the modern era in France and Germany, without overlooking some aspects of our old legal systems. Our analysis will confirm that some of the principles laid down in Justinian’s legislation survived till nowadays.
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
Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.
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.
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
The European Court of Human Rights' case law on judicial review in asylum cases is not entirely consistent. However, it can be interpreted as consistent if two presumptions are accepted. First, that, as the Court's role should be subsidiary to that of domestic courts, domestic judicial review should
Goudappel, Flora A.N.J.; Hirsch Ballin, Ernst
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule
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
Faltus, Timo; Brehm, Walter
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
Faltus, Timo; Brehm, Walter
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.
“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
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
Sanja Sever Mališ
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?
SH. M. Hum. TAUFIQURRAHMAN
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.
The purpose of this ROSC assessment of corporate governance in Togo is to help improve corporate governance in the country by assessing law and practice, suggesting reforms, and supporting the country in its effort to implement changes for better corporate governance. Corporate governance refers to the structures and processes for the direction and control of companies. Corporate governanc...
Raluca, GHERGHINA; Ana-Maria, GHERGHINA
Being so intensely debated in the contemporary world, the human rights issues is acquiring a well defined contour through the human rights protection systems. The role of these systems is to establish a series of fundamental rights and freedoms, so that they can no longer be violated. The main systems of promotion and protection of human rights are: the Inter-American system of human rights protection, the African system and the European system. Two years before the European Convention on Hum...
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.
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
Jensen, Karsten Klint
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...
Brölmann, C.; Vandamme, T.
An expert meeting organised by ACIL and ACELG on possible Scottish or Catalan secession has resulted in a collection of short think pieces that identify and outline a number of outstanding issues of both public international law and EU law.
Schovsbo, Jens Hemmingsen
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......, the first model left much to the parties - e.g. to decide on parallel importation - the second is based on precise rules in the IPR legislation. Early on, EU law opted for the exhaustion model. It is pointed out, that this was the logical method to apply in EU law because of the strong policy goals...... 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...
Angelini, Viola; Bertoni, Marco; Stella, Luca; Weiss, Christoph T.
By allowing people to obtain divorce without the consent of their spouse, Unilateral Divorce Laws (UDLs) increase the risk of divorce. Using the staggered introduction of UDLs across European countries, we show that households exposed to UDLs for longer time accumulate more savings. This effect holds for both financial and total wealth and is stronger at higher quantiles of the wealth distribution. Longer exposure to UDLs also increases female labour market participation and financial literac...
Explores the legitimacy of the partial control over education matters gained by the European Union since the 1970s, examining in particular the role of the European Court of Justice and the European Commission, in reshaping and altering definitions of legal compensation in the fields of education and training. Discusses implications for democratic…
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.
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)
Newman & Hermanson Co., Washington, DC.
This study was conducted to determine the extent to which a sample of 51 Fortune 1000 firms perceive that legal impediments to metric conversion exist. The seven major findings were: (1) laws and regulations are not meaningful impediments to metric conversion, but certain ones must be considered in the planning process; (2) the laws of concern are…
Hooghiemstra, Reggy; van Ees, Hans
The objective of the paper is to examine how firms have dealt with the trade-off between flexibility and uncertainty that is characteristic for the decision-making of firms in coping with self-regulatory initiatives in general and the comply-or-explain principle in corporate governance in
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.
Schovsbo, Jens Hemmingsen; Hellstadius, Åsa
This paper concerns the rule in EU patent law that for patent applications pertaining to human biological material the person from whose body the material is taken must have had the opportunity of expressing free and informed consent (FIC) in accordance with national law. We argue that the patent...
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
U. Jaremba (Urszula)
textabstractThe study seeks to provide a better understanding of the way civil judges of lower courts in Poland – a relatively new Member States of the EU - behave in the context of EU law and, moreover, to explain how the national judges adapt to the new legal circumstances created by the law of
Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora
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
Grosse, Claudia; Grosse, Alexandra
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.
Full Text Available This article deals with the relations between corporate governance and corporate social responsibility. It refers to the most recent amendments to Portuguese Company Law, especially in what concerns directors’ duties. It examines in particular the duty of loyalty and the corresponding duty to promote the success of the company provided in the English Company Act 2006, in light of the shareholder value primacy and the new enlightened shareholder value. It admits that there is a lack of instruments likely to allow stakeholders to react when faced with the non-compliance of the duty that falls upon directors, to have regard to their interests. It considers that the enlightened shareholder value is at the crossroads, between corporate governance and corporate social responsibility, and concludes that any solutions to the enforcement problem of corporate social responsibility involve necessarily instruments of corporate governance.O presente artigo aborda as relações entre a governação das sociedades e a responsabilidade social das empresas. São referidas as alterações recentemente ocorridas no Direito português das sociedades, particularmente no que diz respeito ao regime de deveres fundamentais dos gestores. É analisada a nova disciplina dos deveres de lealdade e o conceito de interesse social à luz das teorias da maximização do lucro e do (novo “interesse social iluminado”, ambas desenvolvidas no círculo jurídico anglo-americano. Trata-se o problema da (alegada incoercibilidade do dever de prosseguir, nestes termos, o interesse social, mais especificamente da ausência de mecanismos que permitam aos stakeholders exigir o seu cumprimento. Conclui-se que o interesse social iluminado é o ponto de intersecção da governação de sociedades e da responsabilidade social das empresas e que as soluções para a viabilização da responsabilidade social passam justamente pelos instrumentos da governação de sociedades.
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
Miguel Ángel Cepillo Galvín
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.
Vendius, Trine Thygesen
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...
Sørensen, Karsten Engsig
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.......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...
Чепульченко, Т. О.
The article highlights the impact of legal culture on state law and the problem of its deep implementation of legal activities in the process of applying law officers on a background of legal nihilism and corruption today. Specifies the difference in the concept of "legal culture", which is derived from the concept of "legal culture". The article emphasizes the special role axiological approach in the study of these problems, because the development of the legal person can not be imagined wit...
Berg, Rigmor C.; Schmidt, Axel J.; Weatherburn, Peter; The EMIS Network
ABSTRACT Objectives: Transactional sex (TS) is generally defined as the trading of sex for material goods. Cast within the broader context of prostitution laws, we examined variations in the sociodemographic profile of men who have sex with men engaging in TS by payment direction (buying/selling). Methods: The data were collected as part of the 38-country European Men who have sex with men Internet Survey project, conducted in 2010. Results: About 12% of respondents reported engaging in TS in the past year. TS was associated with laws, age, education, employment, and residence. Conclusions: The striking sociodemographic differences in TS by payment direction suggest a power differential and a leading role of socioeconomic factors in TS. PMID:26430474
De Fazio, Laura
This article illustrates the state of knowledge on stalking in Italy from the first scientific review published in 2001 to the recent anti-stalking law, which became effective in February 2009, introducing a new article in the existing Italian Penal Code. In recent years the interest in stalking has increased progressively, such that it is now possible to find official data on the prevalence of the phenomenon in Italy. At the same time, European research activity has moved from the recognition of the phenomenon to analysis of pathways for a victim's assessment of stalking risk and enactment of legal regulation. The new law is described and analyzed. Copyright © 2011 John Wiley & Sons, Ltd.
Ruxandra Laura Boşilcă
Full Text Available It has often been argued that the European Union has a sui generis status by being less than a nation-state, but more than an international organization, which is also reflected in its conduct of diplomatic relations with third states and international organizations. Since its inception, the European Union has managed to set a wide bi- and multilateral diplomatic network – which is subject to the provisions of the 1961 Vienna Convention on Diplomatic Relations (VCDR. This paper’s purpose is to analyze some of the main challenges posed to the international diplomatic law by the EU’s emergence on the diplomatic scene, in the light of the significant transformations brought by the Lisbon Treaty.
Full Text Available This article examines recently enacted legislation in the Russian Federation designed to regulate so-called ‘homosexual propaganda.’ Through an analysis of the extant jurisprudence of the European Court of Human Rights (Eur. Ct. H.R. in respect of discrimination on the grounds of sexual orientation, the article considers the extent to which the existence and enforcement of ‘homosexual propaganda’ laws can be said to violate rights and freedoms guaranteed by the European Convention on Human Rights (ECHR. The article demonstrates weaknesses in current Eur. Ct. H.R.’s jurisprudence – specifically in relation to Arts. 10, 11 and 14 of the ECHR – and argues that it requires significant evolution to better protect sexual minorities in Russia and elsewhere.
Ridley, Alexandra; Nicol, Dianne
This article considers the ramifications of recent United States and European litigation relating to patents claiming rights to genes associated with hereditary forms of breast cancer (the so-called BRCA genes) for recently commenced Australian litigation relating to the same subject matter. The article is contextualised with brief summaries of the relevant patent law, the science of genetics, the history of the BRCA genes and an overview of the activities of the patent holder. The analysis of first instance and appeal decisions on the validity of the United States BRCA patents shows the final outcome is still highly uncertain in that jurisdiction, while the European litigation provides little assistance in predicting the outcome of the Australian action. This article concludes that the outcome of the Australian litigation is an issue that cannot be determined with any certainty due to the lack of specific, relevant precedents both in Australia and in other jurisdictions.
The article provides an overview of the key insights resulting from international business research on the interactions between location advantages and the competitiveness of transnational corporations and FDI. It describes the relative contribution of home country specific advantages and host country specific advantages to transnational corporations' competitiveness; it concludes that host country specific advantages, and in this case particularly Republic of Moldova's country specific advan...
Full Text Available Serbian society has undergone significant changes over the last ten years. The transformation of the legal system has taken place mostly through the process of European integrations and harmonization of legislation with the EU legal order. The primary focus of the paper is on the study of (anticiapted cultural change which is brought about by changes in economic law. By studying changing attitudes to business operation, the paper seeks to answer the questions of whether we can learn something about cultural change by analyzing economic law and whether we are witnessing the transformation of Serbian citizens into "European citizens", consumers, businessmen, farmers, bureaucrats or politicians. Some of these changes are already in evidence, and it can be said that considerable progress has already been made. Nevertheless, in most areas reforms have yet to be enacted, and therefore this transformation along with its outcome and results can only be anticipated. Following an overview of the Stabilization and Association Process, the signing of the Stabilization and Association Agreement (SAA, and the process of harmonization of legislation and monitored reforms, the paper goes on to analyze whether and to what extent the following have taken place: 1 the opening up of the Serbian economy to foreign competition (primarily European, 2 the implementation of reforms and the introduction of competition rights and government subsidy control, 3 changes in rural Serbia as part of the process of preparation for accession to the EU. It can be concluded that European integrations and the adoption of a series of different standards represent an instrumental framework for significant cultural change in Serbian society. The change will be fundamental and will take long to bring about. For this reason it can only be partially anticipated what its effects will be and whether and to what extent changes will be accopmlished in each of the areas mentioned.
Gericke, Christian A; Busse, Reinhard; Sakowska, Izabela; Kuszewski, Krzysztof; Maciag, Agnieszka
One of the guiding principles of health policy in many European countries is equitable access to health care services. One of the life saving procedures is percutaneous transluminal coronary angioplasty (PTCA) performed after coronary angiography. Introducing payment for these procedures would limit access for low-income patients. Fortunately, despite political debate, invasive cardiology develops well in Poland. It is important to notice that within the European Union Polish citizens would be able to receive this treatment in other member states and, according to a European Court of Justice ruling, the costs would have to be reimbursed by the National Health Fund. The wider implication is that the 10 new EU member states now have to realise that health care is no longer a matter of national sovereignty - a fact legislators and health care managers in the 15 member states of the pre-accession EU are still struggling with.
The purpose of EU regulations in relation to nanotechnology, according to the European Commission's Communication "Regulatory aspects of nanomaterials", is to allow the public to use innovative applications of nanotechnology while ensuring a high level of safety, health care and environmental protection. This article characterizes and comments on EU legislation in respect of medicinal products containing nanomaterials. Medicinal products manufactured using nanotechnology are subject to the optional centralized authorization procedure by the European Commission authorizations for the placing on the market throughout the EU; advanced therapy medicinal products containing nanomaterials are covered by the mandatory centralized procedure. Evaluation of medicines in centralized authorization mode for the marketing of medicinal products, including those containing nanomaterials, is carried out by the Committee on Medicinal Products for Human Use (CHMP) subject to the European Medicines Agency (EMA).
Abbing, Henriette D C Roscam
In the European Union, unaccompanied asylum seekers below 18 years of age are entitled to specific treatment. Age assessment practices to verify the age-statement by the asylum seeker differ between EU Member States. Medical methods in use raise questions about accuracy, reliability and safety. The medical, legal and ethical acceptability of invasive methods (notably X-rays) in particular is controversial. Human rights are at stake. The lack of common practices results in different levels of protection (discrimination). The absence ofstandardisation is an obstacle for the functioning of the Common European Asylum System. EU Best Practice Guidelines should remedy the situation; such guidelines should reflect the best interest of the child.
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.
L.M. van Bochove (Laura)
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
The real issue is whether the 50-year-old EU system is well equipped to run antitrust law in an environment which, now more than ever, calls for equality of arms between enforcing agencies and defendants. Stefano Grassani (Pavia e Ansaldo)
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
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.
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.).
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.
Waaldijk, C.; Bonini-Baraldi, M.T.
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
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.
Deplanque, Dominique; Sénéchal-Cohen, Sophie; Lemaire, François
Jardé's law, concerning research studies in humans, was enacted in March 2012 but did not come into force until November 2016. This delay is largely explained by the adoption of a European regulation on clinical trials on medicinal products that will probably not be applicable until October 2018. In addition to covering the respective areas of the French and European legislation, the round table provided an opportunity to discuss the principal measures that will apply to future research, particularly those concerning the operational procedures of the ethics committees and the national committee for research in humans, as well as measures relating to the management of serious adverse effects, more specifically in phase I studies in subjects not presenting with any disorder. This round table also enabled the formulation of recommendations to better anticipate the practical difficulties that the regulatory changes might engender. Finally, we highlight the numerous challenges in terms of training that these important regulatory changes impose and the absolute necessity to best adapt the restrictions to those that are planned in numerous other European countries so that France remains competitive in terms of clinical research and so that French patients may continue to benefit rapidly from the most innovative treatments. Copyright © 2017 Société française de pharmacologie et de thérapeutique. Published by Elsevier Masson SAS. All rights reserved.
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.
Huys, Isabelle; Van Overwalle, Geertrui; Matthijs, Gert
The paper focuses on the fundamental debate that is going on in Europe and the United States about whether genes and genetic diagnostic methods are to be regarded as inventions or subject matter eligible for patent protection, or whether they are discoveries or principles of nature and thus excluded from patentability. The study further explores some possible scenarios of American influences on European patent applications with respect to genetic diagnostic methods. Our analysis points out that patent eligibility for genes and genetic diagnostic methods, as discussed in the United States in the Association of Molecular Pathology versus US Patent and Trademark Office decision, is based on a different reasoning compared with the European Patent Convention.
According to the International Convention of the Rights of the Child, an improvement of the protection of the rights of children in Europe should be accomplished by inserting the principle of best interests and evolving capacities in the legal framework related to paediatric clinical research. In this article, an overview is given of the European legal framework governing clinical research on minors in a comparative approach. The lack of coordination between different International and European ethical/ legal statements and its impact on national legislations is evaluated by analyzing provisions that have been foreseen in Italy and in France as a result of the ratification/implementation process. A presentation of the perspectives of paediatric research in Europe is provided.
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.
Berglöf, Erik; Claessens, Stijn
Enforcement more than regulations, laws-on-the-books, or voluntary codes is key to effective corporate governance, at least in transition and developing countries. Corporate governance and enforcement mechanisms are intimately linked as they affect firms' ability to commit to their stakeholders, in particular to external investors. The authors provide a framework for understanding these li...
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.
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.
This paper discusses the stereotypes and prejudices against a certain social group as limiting factors for the individual choices of people belonging to the respective group, which consequently lead do discrimination, stigmatization, hate speech and eventually to bias-motivated violence. The analysis is conducted on the basis of the case law of the European Court of Human Rights. In this context, the analysis of the case law and the findings of the Court are given special place with regar...
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 consequ...
Waddock, Sandra; Rasche, Andreas
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....
Bonadio, Enrico; Rovati, Angelo Maria
On 18 December 2014, in International Stem Cell Corporation v. Comptroller General of Patents, Designs and Trade Marks (C-364/13), the Court of Justice of the European Union (CJEU) delivered an important decision regarding the scope of the exclusion from patentability on morality-related grounds under Article 6(2) of the EU Biotech Directive. The Court made an important distinction between embryonic stem cell technologies based on fertilised human ovum and those based on unfertilised human ovum stimulated by parthenogenesis. The CJEU held, in particular, that a human ovum: (i) who is unfertilized and (ii) whose division and further development has been stimulated by parthenogenesis, is not a human embryo under Article 6(2)(c) of the Biotech Directive, if it in itself has not the inherent capacity of developing into a human being, this matter to be ascertained by the national court in the light of current scientific knowledge. By doing so, the Court clarified its previous ruling in Brüstle (October 2011).
Zampas, Christina; Andión-Ibañez, Ximena
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
Romeo Casabona, Carlos María; Paslack, Rainer; Simon, Jörgen W
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.
This report assesses Azerbaijan's corporate governance framework-its laws and regulations, enforcement and common business practices. The report notes recent improvements in corporate governance regulation, makes recommendations of policy and institutional strengthening, and provides a benchmark against which to measure corporate governance in Azerbaijan. Note that the report covers only p...
Helena Soleto Muñoz
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.
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
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.
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
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.
Fahey, E.; Bardutsky, S
The European Stability Mechanism (ESM) is the latest in a series of EU financial crisis legal resolution measures through binding EU law. Various aspects of Euro-zone decision-making take place in the margins of the EU Treaties or are not strictly provided for (Snyder, 2010). The legal form of the
Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne
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
Paul J.A. de Hert
Full Text Available Literature concerning human rights protection by the European Court on Human Rights after 9/11 is very often coloured by optimism. Some authors hold that judicial control by the European Court on national anti-terrorism measures is very strict, especially compared to U.S. judicial review. Others suggest the existence of a strict privacy test developed by the European Court as a bulwark again anti-terrorism measures that give too much discretion to law enforcement authorities. In this paper we discuss the ‘classical’ European framework with regard to ‘hard’ anti-terrorism measures and the privacy framework that is relevant for new, ‘softer’ anti-terrorism measures. it is argued that this optimistic reading of the European human rights framework in the area of security especially with regard to the latter is flawed and based on a misunderstanding of the case law of the European Court. This analysis leaves little room for optimism about judicial review of the legislator in Europe and urges for an attitude of self-restraint.
Hasan Fauzi; Lois Mahoney; Azhar Abdul Rahman
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 examine...
Full Text Available Our paper investigates the equilibrium for the three components of corporate sustainable development (SD by focusing on a sample of EU-based reinsurance companies, for the 2010-2013 period, while proposing, to our knowledge, an innovative approach from the perspective of the environmental and social components. In order to represent these two edges, two indexes are developed. The index representing the environmental component mirrors the presence on the catastrophe bonds market of the analysed companies. The second index revolves around the social component and concentrates on those achievements regarding the corporate support for the general community social advance. In methodological terms, the analysis is developed by considering both a static and a dynamic outline. The dynamic analysis is developed within a comparative framework for analysing the SD equilibrium, both at the level of the two indices and at the level of their main components. The static outline considers the cluster analysis in order to capture the SD balanced by grouping the companies in line with their social and environmental accomplishments and comparing the outcomes according to their economic performance. The main results reveal good social development equilibrium at the level of the analysed companies reflected through the association between better environmental and social achievements and higher economic performance
Full Text Available Our paper investigates the equilibrium for the three components of corporate sustainable development (SD by focusing on a sample of EU-based reinsurance companies, for the 2010-2013 period, while proposing, to our knowledge, an innovative approach from the perspective of the environmental and social components. In order to represent these two edges, two indexes are developed. The index representing the environmental component mirrors the presence on the catastrophe bonds market of the analysed companies. The second index revolves around the social component and concentrates on those achievements regarding the corporate support for the general community social advance. In methodological terms, the analysis is developed by considering both a static and a dynamic outline. The dynamic analysis is developed within a comparative framework for analysing the SD equilibrium, both at the level of the two indices and at the level of their main components. The static outline considers the cluster analysis in order to capture the SD balanced by grouping the companies in line with their social and environmental accomplishments and comparing the outcomes according to their economic performance. The main results reveal good social development equilibrium at the level of the analysed companies reflected through the association between better environmental and social achievements and higher economic performance.
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.
Sara L Seck
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
Criminal Charges in Corporate Scandals Summary Since the collapse of Enron Corp . in late 2001, there has been a series of scandals involving major U .S...to the series of corporate scandals that began with Enron by passing the Sarbanes-Oxley Act of 2002 . That law created a new oversight body for... corporate auditors, imposed new disclosure requirements on corporations , including a mandate that CEOs personally certify the accuracy of their firms
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 ...
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.
Full Text Available The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice. By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania . In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure.
von Auer, Friedger
For the most part, the law of the European Community (EC) is specified in directives. This also applies to the field of medicinal products, medical devices, blood and tissue preparations. As a rule, the provisions stipulated in the EC directives shall not enter into force before they have been implemented into national law in the Member States of the European Union (EU). The implementation is mandatory and makes Community Law binding in the EU Member States. Directive 2004/23/EC on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (EC Tissues and Cells Directive) was finally implemented into German law when the Tissues Act of 20 July 2007 entered into force. Due to the special features of this directive, the national legislators may stipulate stricter provisions, thus exceeding the minimum standards specified in this EC directive. The national legislators are free to choose the legal instrument for the legally binding transposition of EC law. In Germany, the requirements set forth in the EC Tissues and Cells Directive have been implemented within the national legal framework, especially by virtue of the Medicinal Products Act, the Transplantation Act and the Transfusion Act.
Prepared for a conference on current developments in Islamic Family Law, this paper takes the opportunity to compare and contrast the meaning of ‘law’ in general, and ‘family law’ in particular in the classical Shari’a tradition with the premises which currently underpin contemporary forms of post-enlightment European Family Law. Having done so, it goes on to explore the way in which the institutions of the Shari’a have been comprehensively remoulded (if not yet entirely wholly eliminated) in...
Edlund, Hans Henrik
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...
the framework of EU external relations (Council of the European Union 2003; European Commission 2006 and 2014). This commitment might seem natural, the EU being a multilateral organization itself. However, this intuition that the EU – as an internally multilateral actor – should also display more commitment...... 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...... interpretation – is inherently biased towards the internal or external perspective....
G. P. Tolstopiatenko
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
Many scholars have advanced theories concerning the so-called democracy deficit in the European Union. The global financial crisis and the sovereign debt crisis in Europe has given a new perspective on how to view these theories, particularly the argument proffered by Giandomenico Majone that the European Union should be judged as a regulatory state. The two crises in Europe have cast doubt on the ability of the European Union as a regulatory state to legitimately engage in functional rule ...
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.
... RESERVATION LANDS FOR OIL AND GAS MINING Leasing Procedure, Rental and Royalty § 226.8 Corporation and... authority of its officers to execute papers; and with its first application it shall also file a certified... compliance with the corporation laws thereof. (b) Whenever deemed advisable the Superintendent may require a...
‘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.
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.
Levels, Mark; Sluiter, Roderick; Need, Ariana
The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal developments differed dramatically between countries. Existing comparative studies on abortion laws in Western-European countries lack detail, usually focus either on first-trimester abortions or second trimester abortions, cover a limited time-span and are sometimes inconsistent with one another. Combining information from various primary and secondary sources, we show how and when the conditions for legally obtaining abortion during the entire gestation period in 20 major Western-European countries have changed between 1960 and 2010. We also construct a cross-nationally comparable classification of procedural barriers that limit abortion access. Our cross-national comparison shows that Western-Europe witnessed a general trend towards decreased restrictiveness of abortion laws. However, legal approaches to regulating abortion are highly different in detail. Abortion access remains limited, sometimes even in countries where abortion is legally available without restrictions relating to reasons. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.
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.
Marloes van Rijsbergen
Full Text Available The delegation of more and more soft regulatory powers to EU agencies occurs in an increasing number of policy areas, e.g. aviation, medicines and financial services. Although the growing scope of the delegation of public authority to agencies is said to be necessary to enhance the effectiveness of EU policies, it raises doubts concerning the legitimacy of agencies and their decisions at the same time. This article aims to contribute to the ongoing discussion on EU agencies’ regulatory powers by uncovering the problematic aspects which the application and enforcement of soft law rules of EU agencies may induce at the national level. Furthermore, it adds new elements to the wider reflection on the function and status of soft law within the EU. Ultimately, it argues that further procedural and good governance guarantees are required in order to ensure both the legitimacy and effectiveness of the soft regulatory powers of EU agencies. It does so by taking one of the European Supervisory Authorities (ESAs, namely the European Securities and Markets Authority (ESMA, as an illustrative example of how the establishing regulations of newer EU agencies proceed in the direction of the institutionalisation and proceduralisation of soft law rule-making.
Martynova, M.; Renneboog, L.D.R.; Wright, M.; Siegel, D.; Keasey, K.; Filatotchev, I.
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
Meulen, van der B.M.J.
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
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.
Martin Surya Mulyadi; Yunita Anwar; Erminus Bobby Ardo Dwi Kisma
.... To minimize the tax payment, corporation conduct a corporate tax management. According to some of previous research, there is a correlation between corporate governance and corporate tax management...
LaFrance, Julie; Lehmann, Martin
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 corporations...... factors that motivate corporations to pursue partnerships. In this paper, the authors examine the underlying drivers of corporate organisational behaviour from the theoretical perspectives of both legitimacy and stakeholder needs, and discuss the challenges of gaining insight into why corporations embrace...... 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....
Full Text Available This paper tries to present the historical path that some European countries have crossed in the area of same-sex partners, but also to present the way in which the attitude of the European Court of Human Rights has moved on this issue, as a possible models which may be placed before the Serbia as requirements in the future. Also, it is given the review of the legislation of certain countries of the European Union and posed a question whether the proposed solutions are acceptable and whether it can lead toharmful consequences about which proponents of same-sex marriages are not thinking now.
Knudsen, Herman Lyhne
The theme adressed by this paper is the opportunities for European Works Councils (EWCs) of gaining influence on corporate decisions in multinational companies.......The theme adressed by this paper is the opportunities for European Works Councils (EWCs) of gaining influence on corporate decisions in multinational companies....
Knudsen, Herman Lyhne
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....
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.
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
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...
International Finance Corporation; UN Global Compact
Corporate citizenship - a commitment to ethical behavior in business strategy, operations, and culture - has been on the periphery of corporate governance and board leadership, linked mainly to corporate reputation. However, in today’s globalized and interconnected world, investors, creditors, and other stakeholders have come to recognize that environmental, social, and governance responsi...
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......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...... expressions of corporate brand identity. The chapter introduces notions that reputations, like corporate brands, may be considered as co-constructed by stakeholders, formed through multiple meanings and the subject of stakeholder negotiation, and discusses such ideas in the context of a future research agenda...
Md Shamimul Hasan; Normah Omar; Rashidah Abdul Rahman; Syed Zabid Hossain
... (discretionary accruals) in Bangladesh. The behaviour of corporate accruals is explained by corporate attributes such as asset size, turnover, earnings per share, number of shareholders, year of listing, international link of audit firm...
Butler, Graham; Ratcovich, Martin
This article addresses the main legal challenges facing the European Union (EU) Naval Force, EUNAVFOR Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to sceptic......This article addresses the main legal challenges facing the European Union (EU) Naval Force, EUNAVFOR Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise...
de Vries, K.M.; Thym, Daniel
Recent case-law of the EU Court of Justice (ECJ) on the rights of third-country nationals (TCNs) reveals the introduction of an 'integration exception': guarantees of equal treatment of TCNs are not applicable if the measures causing uneqaul treatment aim to promote the TCNs' integration in the host
Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M
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.
Vols, Michel; Tassenaar, Petrus; Jacobs, Jan
Purpose The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in the Netherlands. The paper focuses on anti-social behaviour related cases in which the landlord
This paper presents preliminary findings of an extensive socio-legal research project, currently in progress, concerning the implementation of the European Union and the Greek institutional framework on lifelong learning (LLL) and exploring the social effectiveness of LLL policy. The main outcomes, based on testing two research hypotheses through…
The author explains how the European Court of Justice (ECJ) ruling in the case of R v Medicines Control Agency ex parte Generics (Case C-368/96) elucidated the controversial meaning of the concept of essential similarity involved in the authorisation of medicinal products under EC legislation. Article by Dr Frank Wooldridge (University of Notre Dame, London) published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal ...
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?
Herlin, Heidi; Thusgaard Pedersen, Janni
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...... 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...
Fomcenco, Alex; Werlauff, Erik
be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....
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....
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
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.
Bosiljka Britvić Vetma
Full Text Available The aim of this paper was to determine the factors that affect the protection of the rights of the parties in the administrative dispute. Administrative courts in Croatia have in their activities at the same time include the right to develop the Court in Strasbourg and the right of a community to develop the Court in Luxembourg. To this end, the author discusses the impact of Convention rights and the rights of the European Union to protect the rights of the parties in administrative dispute.
Köthenbürger, Marko; Stimmelmayr, Michael
interests between shareholders and managers. We set up an agency model and analyze the crucial issue in corporate taxation of whether the normal return on investment should be exempted from taxation. The findings suggest that the divergence of interests may be intensified and welfare reduced...... 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......The effects of corporate taxation on firm behavior have been extensively discussed in the neoclassical model of firm behavior which abstracts from agency problems. As emphasized by the corporate governance literature, corporate investment behavior is however crucially influenced by diverging...
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.
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...
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.
Davey, Sonya; Davey, Neil; Gu, Qian; Xu, Na; Vatsa, Rajet; Devalaraja, Samir; Harris, Paul; Gannavaram, Sreenivas; Dave, Raj; Chakrabarty, Ananda
The patent eligibility of stem cells-particularly those derived from human embryos-has long been under debate in both the scientific and legal communities. On the basis of moral grounds, the European Patent Office (EPO) has refrained from granting patents for stem cells obtained through the destruction of human embryos. On the contrary, the United States Patent and Trademark Office (USPTO) has historically granted patents regarding the isolation and use of human embryonic and other stem cells. To date, these US patents remain valid despite an increasing onslaught of challenges in court. However, recent precedents established in US courts significantly narrow the scope of patent eligibility within biotechnology. This article compares the implications of recent legal changes on stem cell patent eligibility between the EU and US.
Full Text Available The patent eligibility of stem cells – particularly those derived from human embryos – has long been under debate in both the scientific and legal communities. On the basis of moral grounds, the European Patent Office (EPO has refrained from granting patents for stem cells obtained through the destruction of human embryos. On the contrary, the United States Patent and Trademark Office (USPTO has historically granted patents regarding the isolation and use of human embryonic and other stem cells. To date, these US patents remain valid despite an increasing onslaught of challenges in court. However, recent precedents established in US courts significantly narrow the scope of patent eligibility within biotechnology. This article compares the implications of recent legal changes on stem cell patent eligibility between the EU and US.
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...
DUMITRASCU LUMINITA MIHAELA
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. Itâ€™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 â€œPhD in Economics at the Standards of European Knowledge- DoEsEcâ€, 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.
den Heijer, M.; Tauschinsky, E.
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
... in the form in which purchased to foreign corporation B, unrelated to A Corporation, for use in... corporation B, incorporated under the laws of foreign country X, is a wholly owned subsidiary of domestic... the United States. By contract, N Corporation engages B Corporation for the purpose of conducting...
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.
Schagen, I.N.L.G. van Bernhoft, I.M. Erke, A. Ewert, U. Kallberg, V.-P. & Skladana, P.
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
Lucie Kvasničková Stanislavská
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.
Full Text Available There is general agreement that representative and ecologically coherent networks of marine protected areas (MPAs should be created to maintain biodiversity and to conserve specific species, habitats and ecological processes. This article addresses the contribution that is made by the Netherlands to the North Sea MPA network. It reviews the applicable legal obligations with regard to the designation of MPAs contained in global and regional treaties and EU law, and provides a critical assessment of the actions that have thus far been taken by the Netherlands to implement these obligations. The article concludes that significant steps have been taken towards a solid Dutch contribution to the global and regional goals of representative MPA networks. There are, however, a number of shortcomings. To a large degree, these are the result of the policy of the Netherlands Government to go no further in the designation of MPAs than what is strictly required by the EU Birds and Habitats Directives. On account of the widely acknowledged ‘marine deficiencies’ of the Habitats Directive, this policy stands in the way of achieving the target of a representative MPA network. Moreover, it is rather doubtful whether the same minimalist approach is sufficient to meet the relevant obligations of the Netherlands under global and regional treaties, in particular the OSPAR Convention. These shortcomings can be remedied by the designation of additional MPAs and, in some cases, by extending the list of species and habitats for which current MPAs have been selected.
LaFrance, Julie; Lehmann, Martin
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...
Full Text Available
El viernes 20 de mayo de 2016, los Estudios de Derecho y Ciencia Política de la UOC organizaron esta jornada con la European Copyright Society (ECS para tratar diversas cuestiones de derechos de autor que están actualmente siendo examinadas en la Unión Europea y para intercambiar opiniones con la comunidad académica y profesional de la propiedad intelectual. En la jornada se habló de los informes emitidos hasta ahora por el ECS relativos a la calificación de los enlaces como actos de comunicación al público (caso TJUE Svensson, la armonización de límites (caso TJUE Deckmyn y la remuneración de autores (caso TJUE Reprobel. También se trataron otras cuestiones sobre la armonización del derecho de autor en la Unión Europea, incluidas la Comunicación de la Comisión de la UE “A Digital Single Market Strategy for Europe” COM(2015192final, y las consultas públicas sobre “The Role of Publishers in the Copyright Value Chain and the panorama exception” de marzo de 2016 y sobre “The Review of the EU Copyright rules” de julio de 2014. Finalmente, también se examinaron las propuestas de Directiva sobre “Contracts for the supply of digital content” COM(2015634final y de Reglamento sobre “Cross-border portability of online content services” COM(2015627final.
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…
... CERTAIN LANDS IN WIND RIVER INDIAN RESERVATION, WYOMING, FOR OIL AND GAS MINING How to Acquire Leases... shall file evidence of authority of its officers to execute papers; and with its first application it... the lands are located, evidence showing compliance with the corporation laws thereof. Statements of...
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...
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),
Parker, M Alec; Parker, M Alec
The North Carolina Dental Association recently sought to place clear statutory limits on the influence of corporate, nondental interests over dentists practices' decision-making. This report describes the two-year legislative battle with well-funded and politically connected parties that ultimately resulted in laws that protect patients' rights to be treated by a dentist free of outside commercial interests.
the board can be changed are by way of merger, acquisition and take-over bids. These processes are regulated by the Securities and Exchange Act 2007. It is submitted that proxy contest should be incorporated into our law to enhance the corporate governance in Nigerian companies in line with international best practice.
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.
With the development of multinational corporations and the continuous improvement of their status, their influence on world economy and politics is more extensive and profound. In the process of the European Economic integration, investment, production and trade of multinational companies in Eu-rope deepened the international division of labor and economic contact among European countries. The purpose of this thesis is to research the influence of multinational corporations on EU economi...
Feinstein, Sheryl; Mwahombela, Lucas
The purpose of this survey was to acquire descriptive information regarding corporal punishment in Tanzania's O-level secondary schools. 448 individuals participated in the study: 254 teachers and 194 students, all from government or private secondary schools in the Iringa Region of Tanzania. In addition, 14 students and 14 teachers were interviewed. It was found that corporal punishment was the most common form of punishment in secondary schools. The majority of teachers supported its continued use, but believed in moderation. The majority of students and teachers were unaware of national laws to restrict corporal punishment. There was agreement between students and teachers that corporal punishment was used for major and minor student offences such as misbehaviour and tardiness. Students reported disliking the practice and believed it was ineffective and resulted in emotional, as well as physical, distress.
involved in recognition and discovery. Consequently thepaper offers insight to a diversified group of actors who mix and match technological and marketcapabilities in a constant process of recognition and discovery.Key words: Corporate venturing, entrepreneurship, discovery, networks, opportunities,recognition.......From the perspective of Austrian economics, this paper develops a conceptual understanding ofhow corporate venture managers recognize and discover opportunities in a network environment.In an effort to create a better understanding of who is involved in process, this paper reports onthe development...... 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...
Using Systems of Innovation Approach (SI) and International Business (IB) literature, this paper analyzes the level of embeddedness of Multinational Enterprises (MNEs) in Central and Eastern Europe (CEE). MNEs are discussed as they link the host country economy with the global economy by their regional and global networks. The expansion and successful embeddedness of West European multinational firms is crucial for the industrial integration of CEECs into the EU. The focus of the study is on...
Full Text Available We examine the relation between corporate governance and bankruptcy risk as an underlying force affecting a bond’s yield. The level of corporate governance is captured by the G-index, along with the explicit groups of governance provisions. We estimate bankruptcy risk by Z-score, by cash-flow-score, by O-score, through Merton structural model default probabilities, and by S&P credit ratings. After addressing endogeneity and while controlling for firm-specific factors, based on the four objective methodologies we find that corporate governance is inversely related to bankruptcy risk. Yet, rating agencies take a mixed approach towards this association likely because of the conflicting impact of different governance provisions.
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...
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
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....
Full Text Available The aim of this paper is to analyse the financial structure of non-financial corporations in the European Union prior to the 2008 crisis and to determine whether the ex-ante differences in corporate financial structure had an impact on the severity of the 2008 financial crisis in European countries. The analysis confirms a negative relationship between the corporate debt ratio prior to the crisis and crisis-induced contractions in corporate investment and GDP. The results indicate a greater importance of the growth in corporate indebtedness in the years prior to the crisis for crisis vulnerability than solely the level of debt immediately before the crisis. The paper has several important implications for crisis prevention and mitigation policy.
Becker, Uwe [Stadt Frankfurt am Main (Germany); Alsheimer, Constantin; Kassebohm, Kristian; Reutler, Susanne [Mainova AG, Frankfurt (Germany)
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.
Reforming Ethiopia's Expropriation Law. Muradu Abdo ♧. Abstract. Ethiopia is increasingly using expropriation as the single most important device to take land particularly from small landholders to supply it to corporate farmers and industrialists with a declared intention of boosting economic growth. This is happening in the ...
Yosifon, David G
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.
Martynova, M.; Renneboog, L.D.R.
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
Meulen, van der B.M.J.
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
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.
Abdul Hadi Zulkafli
Full Text Available This paper presents evidence on the role of ownership in dealing with corporate expropriation of listed companies in Malaysia. From the perspective of expropriation, a single controlling shareholder is always associated with such behavior due to their power and control at the expense of minority shareholder. However, subsequent individual or coalition of large shareholders can be an important corporate governance tool by providing effective monitoring that would lessen the possibility of expropriation by the controlling shareholder. Relating to that, this study evaluates the role of controlling and large shareholders in dealing with corporate expropriation. It is found that there is a negative relationship between single controlling shareholders and dividend payout ratio indicating that firms with only controlling shareholder will pay a lower dividend due to possible expropriation through profit diversion by controlling shareholder. Using Herfindahl Index as a proxy for ownership contestability, the presence of large shareholders along with controlling shareholder has a positive relationship with dividend payout implying that increased contestability helps to curb the power of controlling shareholder to expropriate fund for their own benefit. In accordance with agency theory, the outcome suggests that large shareholders play a monitoring role in minimizing the Type II agency problem. It is also verifying the argument made based on the Catering Theory of Dividend that the presence of large shareholder brings benefit to all shareholders as they are able to reduce profit diversion by demanding for higher dividend
Lassen, Astrid Heidemann
The recognition of the importance of entrepreneurial dynamics in corporate context is increasingly acknowledged in both entrepreneurship and strategic management literature, as firms today face a reality in which frame-breaking innovation is an important element of survival. From this understanding......, the concept of Strategic Entrepreneurship (SE) has arisen, arguing a logic of focusing on the intersections between the two fields. This paper sets out to explore the SE construct empirically. Through seven case studies evolving around radical technological innovations, evidence is found of the importance...
Corporate Health es una empresa de servicios que tiene como objetivo fundamental contribuir con los propósitos de las organizaciones que buscan mejorar el bienestar de sus colaboradores y por ende mejorar los resultados de las empresas, mediante un servicio de masajes rápidos prestados en el lugar de trabajo, sin distingo de edad, sexo o labor desempeñada. El servicio se presta en sillas para masaje, en posición sentado y es prestado por terapeutas entrenadas, que en un tiempo no mayor de 15...
Going Corporate: A Geek's Guide shows technology workers how to gain the understanding and skills necessary for becoming an effective, promotable manager or sought-after consultant or freelancer. Technology professionals typically dive deeply into small pieces of technology - like lines of code or the design of a circuit. As a result, they may have trouble seeing the bigger picture and how their work supports an organization's goals. But ignoring or dismissing the business or operational aspects of projects and products can lead to career stagnation. In fact, understanding the larger business
Full Text Available Implementation of principles for good corporate governance in a certain kind of company aims at managing and improving company’s performance. In fact, those principles of corporate governance has been, so far implemented less optimally. It is due to several drawbacks. The main problems in implementing good corporate governance principles is lack of sanction for companies which do not implement them and certain kind of culture encouraging people to obey more on informal regulation such as certain custom prevailing in certain community than on formal one. To overcome those problems of good corporate implementation, it is recommended that the state and its apparatus functioning as regulator should force companies to implement principles of good corporate governance and company culture as a unity of harmonious values followed by implementing rules of law and consistent law enforcement. Corporate world as market stakeholder implements good corporate governance as basic guidance of business and community holds social control objectively and responsibly.
Full Text Available Corporate governance has at its backbone a set of transparent relationships between an institution’s management, its board, shareholders and other stakeholders. In this article, in the first part, the nature and purpose of corporate governance has been discussed with special emphasis on the problems of banks in the field of corporate governance. Corporate governance involves regulatory and market mechanisms, and the roles and relationships between a company’s management, its board, its shareholders and other stakeholders, and the goals for which the corporation is governed. Lately, corporate governance has been comprehensively defined as "a system of law and sound approaches by which corporations are directed and controlled focusing on the internal and external corporate structures with the intention of monitoring the actions of management and directors and thereby mitigating agency risks which may stem from the misdeeds of corporate officers. The financial crisis exposed flaws throughout financial markets and prompted much investigation into the way banks work. The ‘2008 crisis in the financial industry, among other causes, brought to light the conflict of interest between achieving aggressive results by the executives in order to obtain bonuses and the long-term risk associated with the commercial company in its business. This paper focuses on one line of investigation—the corporate governance of banks. It examines why governance of banks differs from governance of nonfinancial firms and where the governance of banks failed during the crisis; it also offers recommendations for improving the governance system. Bank governance has been the topic of much recent academic work and policy discussion (Senior Supervisors Group 2008, 2009; Walker Report 2009; Committee of European Banking Supervisors 2010. Because of their contemporaneous nature, there has been little connection between the academic approach and policy analysis. The purpose of
Olga M. Mesheriakova
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.
Full Text Available Corporate governance refers to the manner in which companies are directed and controlled. Business management was always guided by certain principles, but the current meaning of corporate governance concerns and the contribution that companies must have the overall development of modern society. Romania used quite late in adopting a code of good practice in corporate governance, being driven, in particular, the privatization process, but also the transfer of control and surveillance of political organizations by the Board of Directors (BD. Adoption of codes of corporate governance is necessary to harmonize internal business requirements of a functioning market economy. In addition, the CEE countries, the European Commission adopted an action plan announcing measures to modernize company law and enhance corporate governance. Romania takes steps in this direction by amending the Company Law, and other regulations, although the practice does not necessarily keep pace with the requirements. This study aims on the one hand, an analysis of the evolution of corporate governance codes adopted in Romania, but also an empirical research of the implementation of corporate governance principles of a representative sample of companies listed on the Bucharest Stock Exchange (BSE. Consider relevant research methodology, because the issuer of the Codes of CG in Romania is BSE listed companies requesting their voluntary implementation. Implementation results are summarized and interpreted at the expense of public reports of the companies studied. Most studies undertaken in this direction have been made on multinational companies which respects the rule of corporate governance codes of countries of origin. In addition, many studies also emphasize the fair treatment of stakeholders rather than on models of governance adopted (monist/dualist with implications for optimizing economic objectives but also social. Undertaken research attempts to highlight on the one
Sidharth, B. G.
We consider a model for spacetime in which there is an ubiquitous background Dark Energy which is the Zero Point Field. This is further modeled in terms of a Weiner process that leads to a Random or Brownian characterization. Nevertheless we are able to recover meaningful physics, very much in the spirit of Wheeler's Law without Law, that is laws emerging from an underpinning of lawlessness.
Full Text Available Research Question/Issue: This paper will examine the role of reputation regarding corporate governance in terms of performance, risk control and the possible role of legislature or behaviors in this field (in particular with regards to the recent Green Paper “Companies in the EU: a management of governance”, COM (2011 164 final, of the 5th April 2011, of the European Commission. Research Findings/Insights: Image, reputation, positive or negative opinion, notoriety of the companies and their managers are regarded as an element of their performance. It is accepted that public opinion, inherently linked to the reputation risk is an essential element of corporate governance. Regarding the need of a long term matter, particularly after the financial crisis, a short period of time is enough to transform a positive public opinion into a negative one. In addition, the assessment of public opinion is complex. Everyone can freely form an “opinion”. The opinion may be private and public. Public opinion refers to society, to citizens and to the people. Its classic means of expression are freedom of the press and freedom of speech. This question is particularly crucial regarding the role of the companies to the “society” as recently defined by the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the committee of the Regions, A renewed EU strategy 2011-14 for Corporate Social Responsibility, the European Commission and the European Parliament (Brussels, 25.10.2011 COM (2011 681 final. Theoretical/Academic Implications: How to manage good corporate governance reputation ?As from 1979, the Anglo-Saxon doctrine has acutely highlighted the role of reputation risk regarding corporate governance but what is the situation within the EU? Has legislature, in Europe (and for example, in France, sufficiently acknowledged the concept of reputation risk control? – A long term period
The author of the book under consideration describes the environment law in a well readable and systematic form. By means of this book the reader is to be able to understand and arrange environmental-legal questions. The book consists of the following sections: (a) Denotation of the environment law; (b) Fundamentals of the legal order and the application of law; (c) Environmental constitutional law; (d) Principles of the environment law; (e) Instruments in the environment law; (f) Environmental private law; (g) Environmental criminal law; (h) Legal protection questions in the public environment law; (i) Environmental European right; (j) Environmental international law; (k) Pollution control law; (l) Water legislation; (m)Soil conservation law; (n) Recycling law and waste management law; (o) Nature conservation law; (p) Law of hazardous materials.
Хадарцева, Лариса; Кайтмазов, Владимир
The article deals with the general concept of business ethics, a corporate code of ethics and corporate social responsibility. Corporations take pains to promote sustainability through codes of ethics and their efforts are positively received by consumers.
that applies to a traditional limited liability company. Its main distinctive attributes are corporate purpose, accountability of its management, and transparency requirements. Although, a Public Benefit Corporation does not impose any revolutionary amendments to the way the traditional corporations are...
MIHAELA IRINA IONESCU
Full Text Available Given the collateral activity developed and the economic background of the present author I took the approach of a topic that includes aspects from both fields, namely “Corporate Social responsibility- optional or regulatory”. Through the paper I will try to summarize the pros and cons of regulation, mandatory of corporate social responsibility and to review, present the ways in which countries with advanced economies in European Union and the EU itself have addressed this issue.
Staunæs, Dorthe; Søndergaard, D. M.
The article describes a particular strategy of communication called a social science fiction. The strategy was taken up following an empirical research project on gender and management, in order to communicate results to the company's managers and Human Resource Staff. The research results showed...... some of the cultural mechanisms involved in hampering carrier progress not only of managers in female bodies, but also of managers in male bodies who somehow failed to do masculinity appropriately according to norms and practices in the context. One of the sources that inspired the social science...... fiction was the kind of narrative therapy, which aims to reconfigure the problem in focus by a process of externalisation that allows a reconstruction and retelling of the issue. The article describes how three cultural mechanisms in the company were condensed into three imaginary figures: Mr. Corporate...
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....
Crina Alina Tagarta (DE SMET
Full Text Available The main objectives with this paper are to give a brief overview of the Scope of application of the regulation; of the main conflict-of-law rules adopted by the regulation, in special those that are more relevant to the role that a notary might have in an international divorce situation. The regulation provides citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, protects weaker partners during divorce disputes and prevents 'forum shopping'. This also helps avoiding complicated, lengthy and painful proceedings. More specifically, it allows international couples to agree in advance which law would apply to their divorce or legal separation as long as the agreed law is the law of the Member State which they have a closer connection with. In case the couple cannot agree, the judges can use a common formula for deciding which country's law applies. This paper will bring to light some risks and coordination difficulties with the regulation and a few matters that the regulation does not apply to.
Schultz, Majken; Hatch, Mary Jo; Adams, Nick
is a way to influence corporate reputation. The Novo Nordisk management believes the data indicate that corporate branding influenced reputation more than the other way around. Formal brand management practices may work considerably better when they complement rather than try to control existing forces......This article, which concentrates on symbolic management by explaining the role of corporate branding in managing corporate reputation, using Novo Nordisk as a case study, presents three perspectives on corporate branding: the marketing perspective, the organisational perspective and the co......-creation perspective. The three perspectives reviewed show the possibility of developing a multidisciplinary conceptualisation of corporate branding. They all offer insights important to managing organisations as corporate brands in a multi-stakeholder context and thus to the likelihood that corporate branding...
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.
Nielsen, Stine Piilgaard Porner
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 ...
This working paper examines the governance of corporate ventures based upon a qualitative interview based case study of a European industrial conglomerate. The purpose is to explore the value adding mechanisms of governance, that are considered more critical to the success of corporate ventures...... than the control mechanisms widely explored in connection with the governance of large public corporations. The paper provides examples of how value can be added as well as perspectives on the challenges and effectivenes here-off as evaluated by venture CEO's and venture board members...
Inaugural Lecture Delivered in an informal and abbreviated form at the acceptance of the appointment of Extraordinary Professor Corporate Social Responsibility at the Faculty of Law, Maastricht University
Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.
Full Text Available At the level of European Union, starting from the necessity of insurance economic growth, social community law gradually developed, benefitting by sinuous construction, extremely complex, beingcontinuously transformed. Familiarization with the model of social community law prescribed by European Union represents not only a forward step in the process of harmonization with community law, but also an alignment in settlement of European Union, which finally establishes the modernization of the whole domestic law system.
..., AND EXPLOSIVES, DEPARTMENT OF JUSTICE FIREARMS AND AMMUNITION MACHINE GUNS, DESTRUCTIVE DEVICES, AND... capital stock of a corporation if the laws of the State of incorporation provide for such change or...
González Vaqué, Luis
On July 13 2010, the European Commission adopted a series of measures which outline a new approach on Genetically Modified Organisms (GMOs) cultivation in the Member States. This proposal, which still retains the basis of the existing science-based GMO authorisation system, will be implemented through: a Communication from the Commission, explaining the new approach on the freedom for Member States to decide on the cultivation of genetically modified crops; the "Proposal for a Regulation of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory"; and a new "European Commission Recommendation (2010/C 200/01) of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops".
Ulhøi, John Parm
I artiklen gives ny indsigt i hvordan virksomhedens miljø- og ressourceledelsesopgaver kan håndteres. Baseret på tre virksomhedseksempler vil artiklen belyse forskellige måder ovennævnte opgaver håndteres i produktionsvirksomheder. Virksomhedseksemplerne repræsenterer state-of-the-art på området....
The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding
Kloepfer, M. (Trier Univ. (Germany, F.R.). Inst. fuer Umwelt- und Technikrecht)
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).
... minerals sector of the country can no longer deprioritise CSR in their corporate planning as hitherto. It concludes that the effect of this law is to empower the community as an important stakeholder thereby validating the stakeholder thesis herein espoused. Keywords: Corporate social responsibility (CSR), minerals, mines, ...
Claessens, Stijn; Laeven, Luc
The Reader in International Corporate Finance offers an overview of current thinking on six topics: law and finance, corporate governance, banking, capital markets, capital structure and financing constraints, and the political economy of finance. This collection of 23 of the most influential articles published in the period 2000-2006 reflects two new trends: 1) interest in international ...
Hai, Bui Xuan
This paper looks at the development of company law and corporate governance in Vietnam – a transitional economy in South East Asia. It argues that corporate governance is a newly introduced concept but has become increasingly important in Vietnam, especially by the introduction of the new company legislation in 2005.
The Corporate Affairs Commission was established by section 1 of the Companies and Allied Matters Act, Cap C.20, Laws of the Federation of Nigeria, 2004 (CAMA). The Corporate Affairs Commission is a regulatory body, established to regulate the incorporation, running and winding up of companies, business names and ...
Levels, M.; Sluiter, R.; Need, A.
The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal
Levels, M.; Sluiter, R.; Need, A.
The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal
Levels, Mark; Sluiter, Roderick; Need, Ariana
The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal
Schagen, I.N.L.G. Bernhoft, I.M. Erke, A. Ewert, U. Kallberg, V.-P. & Skladana, P.
This report is the Deliverable of task 4.3a of the PEPPER project. It describes the good practice requirements regarding data, data collection and data use for monitoring and evaluating Traffic Law Enforcement (TLE). The aim is that, eventually, individual police forces/countries put the identified
Sugita, Minoru; Miyakawa, Michiko
There are various risks involved in corporate activities conducted both within and outside the corporation. Among these, health risks are very important and should be managed effectively as an integral part of corporate social responsibility (CSR). A corporation is responsible for health impairments caused by its activities and suffers great moral and economic loss when they occur. It is essential that corporate management takes proper preventive measures against such risks. Occupational physicians possess substantial knowledge of health risks in corporations. In this study, we examine the role of occupational physicians in the management of corporate health risks. Information was obtained from articles in print and on the Internet. Health risks due to corporate activities involve not only the employees of the corporation but also individuals outside the corporation. Each corporation should effectively use available resources to manage health risks. Occupational physicians are one such valuable resource. However, many corporations do not actively involve occupational physicians in health risk management. According to a current Japanese law, health risks for employees in corporations are managed by occupational physicians, but in general, health risks outside corporations are not. The 1984 Bhopal Disaster in India is an example in which physicians of the corporation were only minimally, if at all, involved in assessing and treating impaired health outside the corporation. The role of occupational physicians should be expanded to include management of health risks outside the corporation. This places a greater burden on the physicians and they must make the effort to train in many academic fields in order to better understand the entire context of health risks due to corporate activities. Some occupational physicians may be hesitant to take on such added responsibilities. Some corporations may not recognize the overall health risks due to its activities and do not
Kreng, Victor B; Huang, May-Yao
... as "the consumers' impression of the corporation itself, corporate product marketing, and the services provided by the corporation". Corporate image is thus the consumers' subjective overall assessment of the corporation. Some marketing experts believe that the role corporations play in the wider society will help build their corporate image. ...
There is a growing call to introduce a European public notice filing system for security rights in movable goods comparable to the notice filing system of Art. 9 UCC. A proposal to this effect has been adopted in Book IX DCFR, which represents a comprehensive framework of rules for proprietary
be followed by all Muslims. This prophet teachesthe Muslims five basic rules they must strictly obey: prayer five times a day, gifts to the poor, faith inAllah, fasting in the month of Ramadan and pilgrimage to Mecca, at least once in a lifetime. The Koranexcludes the passage of laws by a legislative body, the divinity being the sole “authority” capable ofgoverning life in all its dimensions. However, on the other side, as it would have been expected due tothe old times when it was created, the Koran encouraged a series of injustices and limitations of thehuman rights, from a contemporary point of view; the Islamic law settled the inferiority of women inrelation to men. If in the 7th century the woman’s position in society was rather humble, the voice of theprophet Mohamed improved her condition, the woman becoming her husband’s “partner and closehelper”, and the development of the society led to the emancipation of the woman, especially due toexternal influences. After the beginning of the 19th century, the application area of the Sharia law wasreduced at first due to the western influence, but its proponents succeeded in reviving it, phenomenonknown as “the Islamic rebirth”. Thus, the penetration of modern education as well as the constitution ofnational States led to the acceptance of the introduction of the codes specific to the continental system.In some countries, the Islamic law was officially abolished – this is the case of Albany, Turkey and theformer USSR. International jurisdictions (Hague International Court, supranational (Strasbourg Courtof Human Rights, and even transnational ones (the one from Kosovo have already been created. In thelight of this international trend, legal systems interfere and tend towards external influence and evenglobalization. Given this context, we must mention the Universal Islamic Declaration of Human Rights(the 19th of September 1981, and the European Union – Islamic Conference Organization bilateralforum
R.A. de Mooij (Ruud); G. Nicodè me
textabstractIn Europe, declining corporate tax rates have come along with rising tax-to-GDP ratios. This paper explores to what extent income shifting from the personal to the corporate tax base can explain these diverging developments. We exploit a panel of European data on firm births and legal
Bratton, W.W.; McCahery, J.A.; Vermeulen, E.P.M.
This paper examines the impact of increased corporate mobility on corporate lawmaking in the European Union (EU). More specifically, what is the answer to a simple question: has the increased mobility which arose from the implementation of the Societas Europaea (SE) and the path-breaking decisions
Bratton, W.W.; McCahery, J.A.; Vermeulen, E.P.M.
This paper examines the impact of increased corporate mobility on corporate lawmaking in the European Union (EU). More specifically, we seek an answer to a simple question: Has the increased mobility which arose from the implementation of the Societas Europaea (SE) and the path-breaking decisions of
Elsmore, Matthew James
First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross......-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law....
Jeffrey A Van Detta
Full Text Available Multi-national enterprises (MNEs have provided substantial sponsorship for the Sochi Winter Olympic Games despite a host-country government that has recently enacted stunningly harsh legislation aimed at the Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI communities within Russia. This is a Corporate Social Responsibility (CSR problem. Should Europe address it through voluntary corporate compliance, Europe’s historically preferred mode of promoting CSR? Or should Europe reconsider whether it can more effectively promote CSR compliance legislatively – and if so, by what kind of legislation? To honor the explicit and increased protections of human rights against sexual orientation discrimination in the Treaty of Amsterdam and the Charter of Fundamental Human Rights, more than voluntary, good intentions are needed. Particularly since the United States has effectively bowed out of enforcing CSR through the American federal courts, there now exists a regulatory lacuna that the European Commission is best situated to fill through the precision offered by judicious rulemaking. The article ultimately proposes an approach that combines the public-pressure engine that fuels voluntary CSR with public disclosures mandated by law to optimize the information and mobilization of public opinion and pressure – factors particularly noteworthy given the powerful “branding” benefits that MNEs seek through Olympic sponsorship.
corporations and primarily large enterprises. This has given rise to the existence of dual commercial restructuring regimes, a highly distinctive feature of Canadian insolvency law. Therefore, an insolvent debtor will usually need to make an assessment of advantages and disadvantages of restructuring under each regime in.
Abstract. Good corporate governance is an important pillar of the market economy and it enhances investor confidence. A strong and balanced board of directors is necessary as a supervising body for the executive management of a company with dispersed ownership. The Ethiopian company law does not have adequate.
D. J. Shields; S. V. Solar
One of the core tenets of Sustainable Development is transparency and information sharing, i.e., government and corporate reporting. Governments report on issues within their sphere of responsibility to the degree that their constituents demand that they do so. Firms undertake reporting for two reasons: they are required to do so by law, and doing so makes good...
governance and discusses its relevance as a development paradigm. The article quantitatively documents the existence of a Nordic governance model using data from the World Bank, Transparency International and other sources. Secondly, it is shown how Nordic corporate governance – Nordic civil law......The Nordic countries – Denmark, Norway, Sweden, and Finland—have attracted attention in recent years. Some elements of the Nordic model—particularly the welfare state—are well understood, but its governance characteristics remain elusive to the international audience. This article reviews Nordic......, concentrated ownership, semi two-tier board structures, employee representation and low-powered managerial incentives – has been shaped by the welfare state in ways consistent with systemic corporate governance theories. The article concludes with a skeptical discussion of the Nordic model as a development...
to think in alternative ways such as issuing corporate bonds. A market for corporate bonds exists in countries such as Norway, Germany, France, the United Kingdom and the United States, while Denmark is still behind in this trend. Some large Danish corporations have instead used foreign corporate bonds...... markets. However, NASDAQ OMX has introduced the First North Bond Market in December 2012 and new regulatory framework came into place in 2014, which may contribute to a Danish based corporate bond market. The purpose of this article is to present the regulatory changes in Denmark in relation to corporate......Corporate financing is the choice between capital generated by the corporation and capital from external investors. However, since the financial crisis shook the markets in 2007–2008, financing opportunities through the classical means of financing have decreased. As a result, corporations have...
Ethiopia is increasingly using expropriation as the single most important device to take land particularly from small landholders to supply it to corporate farmers and industrialists with a declared intention of boosting economic growth. This is happening in the context where expropriation laws are inadequate to protect ...
Berglof, Erik; Claessens, Stijn
More than regulations, laws on the books, or voluntary codes, enforcement is a key to creating an effective business environment and good corporate governance, at least in developing countries and transition economies. A framework is presented to help explain enforcement, the impact on corporate governance when rules are not enforced, and what can be done to improve corporate governance in...
In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...
Schermers, Henry G
In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.
Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias
The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...
Kuipers, Mirte A G; Brandhof, Stephanie D; Monshouwer, Karin; Stronks, Karien; Kunst, Anton E
To estimate the impact of introducing sales restriction laws in Europe by measuring changes in adolescent smoking prevalence and perceived obtainability of cigarettes over time in countries that have recently introduced sales restriction laws (intervention countries). These countries were compared with countries where such laws were already in force (control countries). The secondary aim was to test whether these trends differed between adolescents of higher and lower socio-economic position (SEP). Repeated cross-sectional data were used in a quasi-experimental pre-post design. Intervention countries raised tobacco sales restrictions to 18 years in 2007, 2008 or 2009. Control countries have had sales restrictions of 18 years since at least 2004. Nineteen European Union (EU) countries in 2007 and 2011. Data of 97 245 15- and 16-year-old adolescents from the 2007 and 2011 European Survey Project on Alcohol and other Drugs (ESPAD) surveys. Dependent variables were smoking status (weekly smoking versus non-smoking or less than weekly smoking) and perceived obtainability of tobacco (easy versus difficult). Key independent variables were time (2007 or 2011), intervention exposure (intervention or control country) and their interaction (time × intervention). Covariates included sex, SEP, the tobacco control scale (TCS), gross domestic product (GDP) and adult smoking prevalence. We did not find a difference in the change in smoking prevalence between intervention and control countries [odds ratio (OR) = 1.00, 95% confidence interval (CI) = 0.93-1.07]. However, sales restrictions were associated with a significantly greater decrease in perceived ease of cigarette obtainability in intervention countries (OR = 0.75, 95% CI = 0.70-0.80). No significant differential effects between high and low SEP adolescents were found (OR = 1.01, 95% CI = 0.81-1.25). Laws prohibiting the sales of tobacco to minors in Europe do not appear to be associated with a reduction
Carbonara, Emanuela; Parisi, Francesco; von Wangenheim, Georg
According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive fu...
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....
M. I. Dmytrenko
Full Text Available This article is devoted to the problems of existential sense of corporate culture, in particular, threat to the conservation of an existential individual in the increasing processes of alienation. The purpose of the publication is to define the communicative turn of corporate culture that promotes the creation of a new subject of the communication space of a corporation, establishing symmetrical communication and overcoming the spiritual crisis of the modern society. The author points out that the communicative aspect of corporate culture, creating a network of vertical and horizontal connections, turns into intercultural communication. It is emphasized that this communicative turn in the study of corporate culture provides stimuli to symmetrical communication renewal and establishment as well as overcoming the areas of misunderstanding. The author states that the processes of globalization, corporatization of the society and multiculturalism have caused the spiritual crisis of European culture. At the same time the possibility of overcoming spiritual crisis within corporate culture is emphasized, as it reveals the capacity for transformation and convergence of humane forms. The author comes to the conclusion that philosophicalanthropological approach to corporate culture problems leads to further research which will enable to detect the human potential meeting the needs of modern mobile and active society.
Harold J. Berman
Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.
Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boun...
Pedersen, Torben; Thomsen, Steen
The paper tests the applicability of Whitley' s business systems framework to the study of international differences in corporate ownership structure. In support of Whitley' s framework we document the existence of large differences among the largest companies in 12 European nations. Furthermore we...... find that these differences can be partly attributed to the institutional determinants stressed by Whitley: structure of the financial system, government regulation and labour relations. However, we also find evidence of microeconomic effects attributable to firm size and industry structure which cut...
Reza MOHAMMADY GARFAMY
Full Text Available This paper provides a comparison study of industrial districts in two European countries, Spain and Sweden, using the conceptual framework of corporation. The relevance of this approach is based on the specific qualities that the industrial districts have, including the preexisting conditions, local traditions, products and production characteristics, marketing strategies, local policies and present challenges. The findings indicate the ways in which different patterns of inter-firm relationships, organization of production and dynamics of local alliances have shaped divergent regional responses to the industrial construction.
Department of Homeland Security — Large Corporate Headquarters in the United States This database is composed of 'an annual list of the 500 largest industrial corporations in the U.S., published by...
General Services Administration — The data in the Corporate Consumer Contact API is based on the content you can find in the Corporate Consumer Contact listing in the Consumer Action Handbook (PDF)....
Constitutional Law and International Law at the Turn of the Century*. Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and International Law former Vice-President of the European Commission of Human. Rights. 1 Introduction. Centuries are artificial landmarks created by men.
This article illustrates the interdisciplinary nature of the field of corporate business diplomacy using examples from academic disciplines, such as economics and political science, which can contribute to the understanding of corporate business diplomacy. Examples also show that corporate business...... diplomacy can complement business theories such as stakeholder theory and agency theory. Examples from practice show that in a broad sense, corporate business diplomacy is concerned with managing external stakeholders, while in a narrow sense, it is concerned with managing internal stakeholders...
McEvoy, Alan W.
Discusses the following aspects of child abuse laws and the policies derived from them: (1) vagueness of the laws; (2) implications for school policy and liability; (3) staff training requirements; (4) confidentiality; (5) protection teams; (6) abuse by school staff; (7) corporal punishment as abuse; and (8) prevention programing. (JS)
This article points out a shift in the “human corporate self-apprehension” where profit maximization is not the sole reason for incorporation or investment. Public Benefit Corporation is a new type of a corporate vehicle. Its incorporation and functioning is regulated by the same legislation that...
L.J.H. Bettendorf (Leon); A. van der Horst; R.A. de Mooij (Ruud)
textabstractThis paper analyzes the impact of corporate taxes on structural unemployment, using an applied general equilibrium model for the European Union. We find that the unemployment and welfare effects of corporate taxes differ considerably among European countries. The magnitude of these
Palacios Lleras, Andrés
Let’s imagine that we want to establish a new law school in Colombia. How would we classify competition law within its curricular structure? By attempting to answer this apparently harmless question, this article shows the inherent difficulties in trying to classify competition law as private law, public law, regulation or “economic law”. This is due not only because such categories are very imprecise, but also because they depart significantly form our daily experiences with this field of la...
German corporate governance and corporate law are currently undergoing a major change. The old “Deutschland AG”, a nationwide network of firms, banks, and directors, is eroding, ownership is diffusing and the shareholder body is becoming more international than ever. This paper presents new data...... to support this development and explores the consequences in governance and in law that have been taken or that need to be drawn from this finding. Consistent with market-based theoretical accounts on corporate law, it finds that the changes currently underway are mainly a response to global market pressure......: German banks divested their equity stakes mainly as a consequence of increased international competition. The paper extends the model of market-led change by two important observations: first, market pressure is not the only driver of legal change, but the law itself in this case contributed...
CATALINA SORIANA SITNIKOV
Full Text Available Corporations are at present operating in demanding and highly unsure periods, facing a mixture of increased macroeconomic need, competitive and capital market dangers, and in many cases, the prospect for significant technical and regulative gap. Throughout these demanding and highly unsure times, the corporations must pay particular attention to corporate strategy. In present times, corporate strategy must be perceived and used as a function of various fields, covers, and characters as well as a highly interactive system. For the corporation's strategy to become a competitive advantage is necessary to understand and also to integrate it in a holistic model to ensure sustainable progress of corporation activities under the optimum conditions of profitability. The model proposed in this paper is aimed at integrating the two strategic models, Hoshin Kanri and Integrated Strategy Model, as well as their consolidation with the principles of sound corporate governance set out by the OECD.
Hornman, M.J.|info:eu-repo/dai/nl/314130837; Sikkema, E.|info:eu-repo/dai/nl/186192339
Since the acceptance of corporate criminal liability criminal law doctrine has been looking for an adequate way to fully and properly incorporate the legal person into the established framework theories on actus reus and mens rea. Anthropomorphic approaches have proven to be inadequate and
Full Text Available The first part of the paper examines the basic tendencies in the development of the codification of Hungarian civil law in the period of representative and civil society. The second part deals with the new Hungarian Civil Code (2013/14 its content, methods of regulation and its relation to other civil legislation, temporal validity with the adherence to the idea of validity pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance with the idea of completeness, the lawmakers incorporated all of the areas of civil law according to the pandecta system - personal law, corporate law with civil association law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, fraus legis prohibition. Family law is based on specific principles of protection of marriage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full compensation of material and imaterial damages. Contractual responsibility is regulated separately, so that the tort rules apply if the specific rules of contractual responsibility donot say otherwise. Other grounds for obligations are also regulated, as well as unjustified enrichment, doing business without order or authority, unilateral expression of intention and securities. The grounds for inheritance are contractual, statutory or based on the will. Freedom of disposition by will is limited by statutory rules regulating the forced share. The system of transfer of property ex lege after the death is adopted. The state is a successor if there are no testamentary, statutory or contractual inheritors.
Getting the body temperature by thermography: experimental verification of the stefan-Boltzmann law; Obtencion de la temperatura corporal mediante termografia: comprobacion experiemtnal de la ley de stefan-boltzmann
Cibrian, R.; Salvador, R.; Gonzalez-Pena, R.; Romero, C.; Dalmases, F.
In this work we present methodology to verify the physical law that is based thermography and experiences to make a thermographic camera, to reveal the parameters that influence to obtain the map of temperatures and the corresponding image processing to obtain relevant information of interest or scientist. (Author)
ISSAM MF SALTAJI
Sustainability is targeted in this article to be integrated with corporate governance presenting its importance in business world not as obligation, but as a tool be adopted. Economic challenges push companies to think twice before making decisions. Corporate governance is a success key for companies through improving performance and gain mistrust of investors serving business sustainability. Objectives direction has been changed from concentrating on shareholders’ benefits to maintain sustai...
Full Text Available The article analyses the relationship between European and Italian law on leniency programmes, starting with an examination of the case law of the Court of Justice and administrative courts on this topic. In particular, the paper aims to demonstrate the relevant derogations introduced by European law from Italian common principles of law and rules on administrative procedures regulated by Law no. 241/1990.
Shaw, Malcolm N
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
Holtmaat, H.M.T.; Kravaritou, Y.
This work is based on papers presented at a conference entitled "The Sex of Labour Law in Europe/Le Sexe du droit du travail en Europe", which was held at the European University Institute in Florence. The contributors argue that law in general, and especially social and labour law, is not asexual,
Hesselink, M.W.; Twigg-Flesner, C.
This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories
Full Text Available The article deals with the legal treatment of hardship(change of circumstances in Bulgarian law trying to show where it stands in comparison with other legislations (Germany, England, USA and international legal instruments (Unidroit Principles on International Commercial Contracts and Principles of European Contract Law. An overall picture of the different approaches to hardship is concisely presented. Hardship prerequisites and effects are analyzed with a stress on specific problems identified in some recent Bulgarian court decisions. Attention is drawn to certain. concepts and reasoning in other legal systems that may be helpful to Bulgarian theory and practice when dealing with hardship cases.
Full Text Available Corporate governance represents a complex concept, being an assembly of mechanisms used to set order into company leaders’ decisions. The rules of corporate governance are the ones keeping the score between the economic entity’s leaders and the third parties who invest their resources in the business. The corporate governance issue did not appear by hazard, but it resulted from the necessity to reconcile many business interests within a company (sometimes contradictory issues, especially the ones between the shareholders and the business leaders. The Anglo-Saxon view, in which the business power is given to the Equity items, is traditionally opposing the European (continental vision, where focus is being made on the Stakeholders’ interests. Within a world dominated by globalization issues, and where the financial markets evolve on an exponential curve, the two above mentioned corporate governance models ought to interact one with another in a constructive manner. Even if the corporate governance concept has developed recently, mainly during the last 25 years, its origins are rooted way back into the world history. Corporate governance is organically linked to the capitalist society and economy. After the 11 September attacks, many of the contemporary authors had the tendency to declare this date as the beginning of the XXIst century. If the ‘Twin Towers’ had hosted companies like: Tyco, Enron, Xerox, Wordcom and many other Stock Exchange-quoted businesses, it is likely that the financial crisis from 2000-2002 would have been differently perceived, and corporate governance had developed slightly different evolutionary mechanisms. A scientific article, based on the comparison between the classical and modern corporate governance experiences, would therefore suit the Romanian business environment.
Full Text Available Corporate governance represents a complex concept, being an assembly of mechanisms used to set order into company leaders’ decisions. The rules of corporate governance are the ones keeping the score between the economic entity’s leaders and the third parties who invest their resources in the business. The corporate governance issue did not appear by hazard, but it resulted from the necessity to reconcile many business interests within a company (sometimes contradictory issues, especially the ones between the shareholders and the business leaders. The Anglo-Saxon view, in which the business power is given to the Equity items, is traditionally opposing the European (continental vision, where focus is being made on the Stakeholders’ interests. Within a world dominated by globalization issues, and where the financial markets evolve on an exponential curve, the two above mentioned corporate governance models ought to interact one with another in a constructive manner. Even if the corporate governance concept has developed recently, mainly during the last 25 years, its origins are rooted way back into the world history. Corporate governance is organically linked to the capitalist society and economy. After the 11 September attacks, many of the contemporary authors had the tendency to declare this date as the beginning of the XXIst century. If the ‘Twin Towers’ had hosted companies like: Tyco, Enron, Xerox, Wordcom and many other Stock Exchange-quoted businesses, it is likely that the financial crisis from 2000-2002 would have been differently perceived, and corporate governance had developed slightly different evolutionary mechanisms. A scientific article, based on the comparison between the classical and modern corporate governance experiences, would therefore suit the Romanian business environment.
Ritter, Thomas; Eggert, Andreas; Münkhoff, Eva
Corporate marketing has been downsized or eliminated in many firms. At the same time, firms that still own a corporate marketing department struggle with organizing and positioning their commercial front‐end. The question arises whether firms need a corporate marketing department, and if so, how...... it can best add value to the firm. Based on a qualitative study among B2B companies, we develop a conceptual framework highlighting the various parental roles through which corporate marketing can contribute to overall firm and business unit performance. In addition, we identify five gaps that restrain...... successful outcomes of corporate marketing activities. In sum, our framework provides important insights on how to successfully organize corporate marketing activities....
Friis Hansen, Søren; Nielsen, Jacob Graff
In terms of tax policy, tax harmonization or coordination of corporate taxation in the EU is usually considered from two complementary points of view: tax base and tax rate. These two perspectives structure the debate whether EU Member States, and more broadly States belonging to the same economic...... area, should harmonize or coordinate their policies in tax matters. However, little attention has been paid so far to a more basic question: who are corporate taxpayers? Are they defined in the same way over Europe? This may be explained by the fact that the vast majority of tax systems accept the same...... fundamental idea: while companies limited by shares and limited liability companies should be subject to corporate income tax (CIT), partnerships should be considered fully or partly transparent for tax purposes. This general statement is nevertheless an oversimplification of reality. Comparative law indeed...
Full Text Available How do European governments conceptualize what they call "hospitality" when they draft immigration laws and when they allow the concepts of asylum, of illegal immigrants, to change according to a constantly evolving political context? What consequences…
Soboleva Ekaterina N.
Full Text Available The paper considers macro parameters of corporation innovation activity in the BRICS countries. The authors determine transnational corporation behavior strategies in the context of creating and transferring new knowledge, where developed countries (the USA, European countries and Japan play an important role and take a leading position in this process. Companies from emerging economies focus on using and adopting innovations. The reason for this is that knowledge “is coded” specifically, consequently the participants of its exchange have to be in similar intellectual space. Nevertheless, the market-leading corporations from the BRICS countries join the world chains of innovation creation, building their networks to satisfy their branches needs concerning technological decisions and personnel training
Vidyaranya Chakravarthy Namballa
Full Text Available The purpose of this article is to analyse the extent of international rules that apply to multinational corporations (MNCs regarding their environmentally degrading activities and quality control qua environmental impact. The first part of the article describes the ambiguous legal status of MNCs and examines the rules that international instruments and host state agreements impose on the activities of MNCs. The second part focuses on jurisdiction and choice of law issues of cross-border litigation and brings out its major shortcoming. Finally, the conclusion comments on the efficiency of international law in imposing environmental liability on MNCs.
This report assesses Vietnam's corporate governance policy framework. It highlights recent improvements in corporate governance regulation, makes policy recommendations, and provides investors with a benchmark against which to measure corporate governance in Vietnam. It is an update of the 2006 Corporate Governance ROSC for Vietnam. Good corporate governance enhances investor trust, protec...
Evaldas Klimas; Vidmantas Jurgaitis
.... The following sources of law are examined: the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference prepared by the Study Group on a European Civil Code...
Y. Dai (Yun)
markdownabstractCorporate takeover is a very important economic activity that generates profound consequences on many classes of market participants. The great financing needs and transaction costs directly change the wealth of both shareholders and creditors. The corporate restructuring induced by
Kempen, Petrus Cornelis
The media can make or break a reputation. This being said, it seems to be essential for companies, governments and institutions to pay specific attention to corporate media management in their daily operations. However, this thesis shows that they often neglect to pay adequate attention to corporate
Radu Răzvan POPESCU
Full Text Available The evolution which took place in this area of the Romanian legislation, an interference zone between the penal law and labour law, can be explained not only starting from the internal reality characteristic to the labour relations but also from guidelines offered by compared law. Notwithstanding, labour criminal law cannot be consider merely as an accessory part of the corporate criminal law, but having an essential part, such as an exhibit test, in order to determine new legal mechanisms, like the ones regarding criminal liability of the legal persons.
Exploring the concept of citizenship from the history of political philosophy provides suggestions about what corporate citizenship could mean. The metaphor of corporate citizenship suggests an institutional approach to corporate social responsibility. Citizenship is a social role, characterized by