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

Directory of Open Access Journals (Sweden)

Alina Leția

2013-11-01

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

European atomic (nuclear) law and Austria

International Nuclear Information System (INIS)

Heitzinger, R.

2000-05-01

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

European media law

NARCIS (Netherlands)

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

2008-01-01

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

Corporate actors in Western European television news

NARCIS (Netherlands)

Verhoeven, P.

2009-01-01

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

The law applicable to environmental damage in European private international law

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Đundić Petar

2013-01-01

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

DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

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Cătălina-Adriana Ivănuș

2013-11-01

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

Good Faith in European Contract Law

NARCIS (Netherlands)

Hondius, E.H.

2002-01-01

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

How to study the history of European law?

DEFF Research Database (Denmark)

Rasmussen, Morten

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

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

NARCIS (Netherlands)

Hesselink, M.

2009-01-01

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

Towards a European contract law

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

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

The End Of History For Corporate Law

OpenAIRE

Henry Hansmann; Reinier Kraakman

2000-01-01

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

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

NARCIS (Netherlands)

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

2014-01-01

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

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

NARCIS (Netherlands)

S.E. Keske (Sonja)

2009-01-01

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

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

Directory of Open Access Journals (Sweden)

Silvija Petrić

2009-01-01

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

CORPORATE GOVERNANCE COMMITTEES IN EUROPEAN UNION EMERGING ECONOMIES

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Mihaela Dumitrascu

2013-07-01

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

An Optional Instrument for European Insurance Contract Law

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Helmut Heiss

2010-08-01

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

An Optional Instrument for European Insurance Contract Law

Directory of Open Access Journals (Sweden)

Mandeep Lakhan

2010-08-01

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

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

NARCIS (Netherlands)

Augenstein, Daniel

2018-01-01

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

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

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MARIUS VACARELU

2012-05-01

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

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

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Bruno Funchal

2008-07-01

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

HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?

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GEMA TOMÁS

2013-05-01

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

Regulating Corporate Governance in the EU

DEFF Research Database (Denmark)

Horn, Laura

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

An Optional Instrument for European Insurance Contract Law

OpenAIRE

Mandeep Lakhan; Helmut Heiss

2010-01-01

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

Principles of European Company Law

DEFF Research Database (Denmark)

Werlauff, Erik

2010-01-01

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

The european union as subjects of law

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Fila R.

2012-10-01

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

Factor decomposition and diversification in european corporate bond markets

NARCIS (Netherlands)

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

2013-01-01

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

Factor decomposition and diversification in European corporate bond markets

NARCIS (Netherlands)

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

2013-01-01

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

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

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Raluca Ivan

2015-12-01

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

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

OpenAIRE

Éva ERDÕS

2011-01-01

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

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

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Dinh TRAN NGOC HUY

2013-12-01

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

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

NARCIS (Netherlands)

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

2011-01-01

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

CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE

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Nyoman Indra Juarsa

2015-12-01

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

Development and perspectives of principles of european insurance contract law

Directory of Open Access Journals (Sweden)

Ana Keglević

2013-01-01

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

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

OpenAIRE

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

2003-01-01

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

National And European Law: Problem Of Implementation

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Olga M. Mesheriakova

2014-09-01

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

European Private Law - Survey 1998-2000

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

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

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

Directory of Open Access Journals (Sweden)

Anne L.M. Keirse

2011-01-01

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

Convergence of the European law on public notaries

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

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

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

OpenAIRE

Lowitzsch, Jens; Hashi, Iraj; HASHANI, Alban

2016-01-01

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

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

OpenAIRE

Raluca Ivan

2015-01-01

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

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

OpenAIRE

Mak, C.

2009-01-01

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

ANALYZING CORPORATE SOCIAL RESPONSIBILITY REPORTING IN THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

ANDREESCU Nicoleta Alina

2016-05-01

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

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

OpenAIRE

Storme, M.

2008-01-01

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

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

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

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

Compatibility with European law of opt-out legislation

International Nuclear Information System (INIS)

Feldmann, U.

2000-01-01

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

EU Law Autonomy Versus European Fundamental Rights Protection

DEFF Research Database (Denmark)

Storgaard, Louise Halleskov

2015-01-01

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

Five political ideas of European contract law

NARCIS (Netherlands)

Hesselink, M.W.

2011-01-01

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

How to Enforce European Law

DEFF Research Database (Denmark)

Rasmussen, Morten

2017-01-01

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

FMA Roundtable on New Developments in European Corporate Governance

DEFF Research Database (Denmark)

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

2017-01-01

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

STRATEGIES OF CORPORATE SOCIAL RESPONSIBILITY IN THE EUROPEAN UNION

OpenAIRE

Iamandi Irina Eugenia; Joldes Cosmin

2009-01-01

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

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

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

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

European Energy Law. Report VII

Energy Technology Data Exchange (ETDEWEB)

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

2010-04-15

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

STRATEGIES OF CORPORATE SOCIAL RESPONSIBILITY IN THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

Iamandi Irina Eugenia

2009-05-01

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

European Union competition law, intellectual property law and standardization

NARCIS (Netherlands)

Geradin, Damien; Contreras, Jorge L.

2016-01-01

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

European and Czech principles of contract law

OpenAIRE

Horáková, Monika

2008-01-01

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

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

NARCIS (Netherlands)

Klijnsma, J.G.

2014-01-01

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

Business Law, Europe

DEFF Research Database (Denmark)

Fomcenco, Alex; Werlauff, Erik

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

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

Science.gov (United States)

Russo, Charles J.

2009-01-01

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

Contractual Networks In European Private International Law

OpenAIRE

Grušić, U.

2016-01-01

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

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

NARCIS (Netherlands)

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

2008-01-01

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

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

Directory of Open Access Journals (Sweden)

Rafael Robina Ramirez

2018-06-01

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

Linking Public Administration and Law Studies within European Union

Directory of Open Access Journals (Sweden)

Mihaela V. Cărăuşan

2012-05-01

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

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

Directory of Open Access Journals (Sweden)

Jeanette Weideman

2012-12-01

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

Possible ways of corporate tax base harmonization in the European Union

Directory of Open Access Journals (Sweden)

Danuše Nerudová

2008-01-01

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

European contract law: The contribution of the Dutch

NARCIS (Netherlands)

Hondius, E.H.

1997-01-01

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

Fundamental Rights, European Private Law, and Financial Services

NARCIS (Netherlands)

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

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Rudolf Kampf

2017-09-01

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

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

OpenAIRE

AA.VV; IUDICA G.

2009-01-01

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

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

Science.gov (United States)

Baumberg, Ben; Anderson, Peter

2008-08-01

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

Institutional Ownership and Corporate Social Performance: Empirical Evidence from Indonesian Companies

Directory of Open Access Journals (Sweden)

Hasan Fauzi

2007-12-01

Full Text Available Prior research on the relationships of institutional ownership and corporate social responsibility has focused on North American (U.S. and Canada and European companies.  With the passage of Indonesian Law No. 40 in 2007, Indonesian companies are now obligated to conduct CSP. As these companies objected to the passage of this law, awareness of how CSP may benefit Indonesian companies in terms of its positive impact on institutional investors needs to be investigated. Thus, this paper examines the relationships of IO and CSP for Indonesian companies. Unfortunately, contrary to the results for North American and European companies, we found no relationships between institutional ownership and corporate social responsibility for Indonesian companies. This finding suggests that most institutional investors do not include CSP as part of their investment decisions.

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

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

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

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

DEFF Research Database (Denmark)

Petersen, Clement Salung; Schovsbo, Jens Hemmingsen

2010-01-01

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

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

NARCIS (Netherlands)

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

2008-01-01

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

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

International Nuclear Information System (INIS)

Schattke, H.

1991-01-01

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

The Second Look in European Union Competition Law

DEFF Research Database (Denmark)

Sørensen, Jakob B; Torp, Kristian

2017-01-01

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

European water law in transition: the challenge of integration

NARCIS (Netherlands)

Rijswick, H.F.M.W. van

2005-01-01

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

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

OpenAIRE

Kolohoida, Oleksandra; Lukach, Iryna; Poiedynok, Valeriia

2017-01-01

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

Compulsory Schooling Laws and Migration Across European Countries.

Science.gov (United States)

Aparicio Fenoll, Ainhoa; Kuehn, Zoë

2017-12-01

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

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

NARCIS (Netherlands)

Mak, C.

2009-01-01

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

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

Directory of Open Access Journals (Sweden)

Brinduşa Camelia Gorea

2012-05-01

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

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

Science.gov (United States)

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

2015-01-01

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

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

Directory of Open Access Journals (Sweden)

Nathalie duRivage

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

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

Science.gov (United States)

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

2015-01-01

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

European New Legal Realism and International Law:

DEFF Research Database (Denmark)

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

2015-01-01

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

EU External Relations Law and the European Neighbourhood Policy

DEFF Research Database (Denmark)

Van Vooren, Bart

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

EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

Directory of Open Access Journals (Sweden)

Andrei Emil Moise

2014-11-01

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

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

International Nuclear Information System (INIS)

Scheuing, D.H.

1991-01-01

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

European Energy Law Seminar 2005. Report of NeVER

International Nuclear Information System (INIS)

Oosterom, A.R.; Boumans, L.

2005-01-01

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

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

OpenAIRE

Schiavone Francesco; Quintano Michele

2012-01-01

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

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

International Nuclear Information System (INIS)

Anon.

2015-01-01

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

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

NARCIS (Netherlands)

Bijlmakers, Stephanie

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Martina Sukitsch

2015-08-01

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

Transfer Pricing in the European Union

Directory of Open Access Journals (Sweden)

Gheorghe MATEI

2011-04-01

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

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

Directory of Open Access Journals (Sweden)

Merja Pentikäinen

2012-01-01

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

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

OpenAIRE

Tania FERNÁNDEZ LOMBAO FERNÁNDEZ LOMBAO

2014-01-01

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

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

OpenAIRE

Gaëtan Nicodème

2007-01-01

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

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

Directory of Open Access Journals (Sweden)

Muratore Fabrizio

2010-07-01

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

THE EVOLUTION OF CORPORATE SOCIAL RESPONSIBILITY REPORTING IN THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

ANDREESCU Nicoleta Alina

2016-05-01

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

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

NARCIS (Netherlands)

A.A. Bootsma (Bart)

2013-01-01

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

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

OpenAIRE

Derlén, Mattias; Lindholm, Johan

2015-01-01

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

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

Science.gov (United States)

Bätza, Hans-Joachim; Mettenleiter, Thomas

2013-01-01

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

Corporate crime: Criminological and cultural aspects

Directory of Open Access Journals (Sweden)

Keković Zoran

2011-01-01

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

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

DEFF Research Database (Denmark)

Basse, Ellen Margrethe

2017-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2010-07-01

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

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

Directory of Open Access Journals (Sweden)

Gheorghe Grigorescu

2013-06-01

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

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

Directory of Open Access Journals (Sweden)

Yu Un Oppusunggu

2011-01-01

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

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

Science.gov (United States)

Wagner, Marcus

2005-07-01

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

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

DEFF Research Database (Denmark)

Skovgaard, Jan

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Mirjanić Željko

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Irwansyah

2016-09-01

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

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

Science.gov (United States)

Okamoto, Karl S.

1995-01-01

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

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

NARCIS (Netherlands)

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

2016-01-01

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

Compensatory Measures in European Nature Conservation Law

Directory of Open Access Journals (Sweden)

Geert Van Hoorick

2014-05-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Jacobs, Max

2016-07-01

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

Corporate Governance in Crisis? The Politics of EU Corporate Governance Regulation

DEFF Research Database (Denmark)

Horn, Laura

2012-01-01

on the transformation of company law and corporate governance in the last decade. Here, the article illustrates how company law has become increasingly focused on the rights of shareholders, while worker rights have been relegated to the area of social policies and labour law. The study also traces the shift from...... a legislative programme centred on company law harmonisation towards a regulatory approach based on minimum requirements and mutual recognition, increasingly geared at adjusting the governance of corporations to the demands of liberalised capital markets. The second section then reflects on the current...... developments in corporate governance regulation in the context of financial and economic crisis....

CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

Directory of Open Access Journals (Sweden)

Abdul Salam Siku

2013-07-01

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

Report of the European Energy Law seminar 2011

International Nuclear Information System (INIS)

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

2011-01-01

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

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

NARCIS (Netherlands)

S. Cnossen (Sijbren)

2017-01-01

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

Report of the European Energy Law Seminar 2010

International Nuclear Information System (INIS)

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

2010-01-01

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

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

International Nuclear Information System (INIS)

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

2006-01-01

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

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

OpenAIRE

McGlynn, C.M.S.

2006-01-01

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

The specificity and scope of European Union finance law

Directory of Open Access Journals (Sweden)

Marcin Tyniewicki

2015-06-01

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

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

Directory of Open Access Journals (Sweden)

Telnova Hanna V.

2017-06-01

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

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

OpenAIRE

Kaeb, Caroline

2012-01-01

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

Corporate Governance

Directory of Open Access Journals (Sweden)

Dragoș-Mihail Daghie

2011-05-01

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

Corporate Negative Equity: The Evidence from the European Union

Directory of Open Access Journals (Sweden)

Natalia Mokhova

2016-01-01

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

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

NARCIS (Netherlands)

Douma, S.; Kardachaki, A.

2016-01-01

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

Corporate environmental responsibility – a key determinant of corporate reputation

OpenAIRE

Cristina Ganescu; Laura Dindire

2014-01-01

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

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

NARCIS (Netherlands)

de Weijs, R.J.

2012-01-01

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

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

NARCIS (Netherlands)

Burri, S.D.

2013-01-01

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

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

Directory of Open Access Journals (Sweden)

Klaus J. Hopt

2008-06-01

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

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

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Juan Antonio Gaviria

2017-07-01

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

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

Science.gov (United States)

Fornaciari, Diego

2010-01-01

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

Quality Health Care in the European Union Thanks to Competition Law

Science.gov (United States)

Fornaciari, Diego

2010-01-01

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

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

OpenAIRE

Irwansyah; Gianto; Andi Syahwia

2016-01-01

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

THE EUROPEAN COMPANY (SOCIETAS EUROPAEA ON RIND SIGHT

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Liviana Andreea Niminet

2016-07-01

Full Text Available The article deals with the rind aspects of European Company (also known by its Latin name Societas Europaea or SE, a “type of public limited-liability company regulated under European Union law”. Although this form of company was proposed more than 40 years ago, it was only in 2001 when the Council issued Regulation (EC No 2157/2001 of 8 October 2001 on the Statute for a European company defining the European company (SE as “a legal structure that permits a company to operate in different European Union (EU countries under a single statute”, as determined by the law of the Union and common to all EU countries. Being a new legal form, the SE coexists with the corporate forms that already were in each Member Statebeing governed by both European Regulation and national law. As it follows we address the rules, classification, conditions for settling an SE, organization structures, tax harmonization, employee involvement in the SE, advantages and disadvantages of SEs, as well as the opportunity of SPEs.

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

DEFF Research Database (Denmark)

Ringe, Georg

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

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

DEFF Research Database (Denmark)

Ringe, Georg

2013-01-01

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

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

Index Scriptorium Estoniae

Ginter, Carri, 1978-

2008-01-01

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

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

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Kalamatiev Todor

2014-01-01

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

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

DEFF Research Database (Denmark)

Afsah, Ebrahim

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

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

NARCIS (Netherlands)

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

2010-01-01

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

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

NARCIS (Netherlands)

X.E. Kramer (Xandra)

2008-01-01

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

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

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ANDRA ROXANA ILIE

2012-05-01

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

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

OpenAIRE

Laura-Cristiana SPĂTARU-NEGURĂ

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Aranđelović Jovan T.

2003-01-01

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

Corporate finance

OpenAIRE

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

2011-01-01

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

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

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Urs Matthias Zachmann

2014-01-01

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

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

OpenAIRE

Koubková, Iveta

2012-01-01

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

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

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

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

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

Science.gov (United States)

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

2016-08-01

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

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

Directory of Open Access Journals (Sweden)

Bart Hessel

2006-06-01

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

The Treaty of Lisbon and European Environmental Law and Policy

NARCIS (Netherlands)

Vedder, H.H.B.

2010-01-01

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

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

International Nuclear Information System (INIS)

Cameron, Peter Duncanson; Brothwood, Michael

2002-03-01

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

Corporate environmental responsibility – a key determinant of corporate reputation

Directory of Open Access Journals (Sweden)

Cristina GĂNESCU

2014-06-01

Full Text Available This paper aims to determine the trend of the relationship between corporate environmental responsibility and corporate reputation by focusing on a study of the European automotive sector. The starting point of our research is content analysis of the sustainability or social responsibility reports published in 2010, 2011, and 2012 by 13 businesses operating in the European automotive industry. Content analysis was carried out in order to identify the indicators used to assess corporate environmental responsibility. The methodology aimed to produce an evaluation model for corporate environmental responsibility based on the following variables reported by companies: carbon dioxide emissions, water consumption, energy consumption, and amount of waste. Corporate reputation of sampled organizations was assessed based on content analysis of the 2010, 2011, and 2012 reports of the Reputation Institute. We applied the correlation of panel data and emphasised the fact that high levels of corporate environmental responsibility sustain high levels of corporate reputation. The study highlights the theoretical considerations that support this relationship. As companies become increasingly accountable, the methodology described in our study can be developed in further research by using other variables to measure corporate environmental responsibility.

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

Science.gov (United States)

Basak, P

2011-09-01

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

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

OpenAIRE

Sölter, Nicolas

2016-01-01

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

THE EFFECTIVE LEVEL OF CORPORATE INCOME TAX IN THEEUROPEAN COUNTRIES

Directory of Open Access Journals (Sweden)

Adam Adamczyk

2012-01-01

Full Text Available Despite of the factthat European Union economy is the subject to integrationprocess, there has been no harmonization of corporate income taxation. Nocompulsion to adapt to common tax law requirements makes that many,especially new member states of EU, tends to use corporate income tax to attractcapital flows. The tax competition often takes a form of so called “race to thebottom” and consists in reducing tax rates. At the same time fiscal authoritiesusually broaden their tax bases in favor to increase the neutrality of the corporateincome tax.The main goal of this article is to measure the combined effect ofreducing statutory tax rates and broadening of tax bases in selected MemberStates.

European tax law

NARCIS (Netherlands)

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

2008-01-01

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

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

Directory of Open Access Journals (Sweden)

Chan Mo Chung

2002-12-01

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

Business and human rights: from soft law to hard law?

Directory of Open Access Journals (Sweden)

Ramona Elisabeta Cîrlig

2016-12-01

Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

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

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2016-01-01

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

European union mission for the rule of law in Kosovo

Directory of Open Access Journals (Sweden)

Dr.Sc. Bejtush Gashi

2011-12-01

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

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

International Nuclear Information System (INIS)

Alvesdu, Carlos Manuel

2014-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Anon.

2015-08-14

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

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

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Gabriela LUPŞAN

2014-08-01

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

Civil law

NARCIS (Netherlands)

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

2014-01-01

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

ROMAN MARKS TO EUROPEAN LAW OF THE CONTRACTS GOOD – FAITH

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LIVIA MOCANU

2011-04-01

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

Features of the content of corporate contracts

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Elena Petrovna Gladneva

2015-09-01

Full Text Available Objective to study the legal nature to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods general and specific methods of cognition dialectical formal logic analysis synthesis modeling structural and systemicfunctional methods as well as comparative legal logical legal historical legal grammatical methods and systemic interpretation. Results it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets conditions order of the implementation of corporate rights and approval of other actions related to company management activity reorganization and liquidation the passive duty of corporate organizations to refrain from committing any action authority arising from the nature of corporate agreements as well as the active responsibilities associated with the certain implementation of corporate rights certified by stocks shares rights to stocks shares. In addition to the subject the content of corporate contractsincludes other essential necessary conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty for the first time taking into account modern achievements of civilistic jurisprudence and practice the authors investigate the relationship between the concepts of a civil contract and corporate contract give the definition of corporate contract show the specificity of the subject and other material terms of corporate contracts. Practical significance the findings can be taken into account in the further research of corporate law issues as subbranch of civil law used in law making and enforcement activities in the educational process as a teaching material in civil law. nbsp

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

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Helza Nova Lita

2015-04-01

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

Europeanisation of private law and English law

OpenAIRE

Beale, Hugh

2003-01-01

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

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

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Anthony O Nwafor

2015-07-01

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

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

NARCIS (Netherlands)

Claassen, Rutger; Gerbrandy, Anna

2016-01-01

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

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

NARCIS (Netherlands)

Claassen, Rutger; Gerbrandy, Anna

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

Conflicts by Convergence and Deep Disagreements in European Constitutional Law

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Scarcello Orlando

2017-08-01

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

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

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Orlović Slobodan P.

2011-01-01

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

European works councils

DEFF Research Database (Denmark)

Knudsen, Herman Lyhne

2004-01-01

The theme addressed by this artcle is the opportunities for European Works Councils of gaining influence on corporate decisions in multinational companies.......The theme addressed by this artcle is the opportunities for European Works Councils of gaining influence on corporate decisions in multinational companies....

COMPARATIVE INTERNATIONAL PERSPECTIVES ON MARKET-ORIENTED MODELS OF CORPORATE GOVERNANCE

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Balaciu Diana

2010-07-01

Full Text Available The study of corporate governance requires not only the knowledge of economic, financial, managerial and sociological mechanisms and norms, but it must also incorporate an ethical dimension, while remaining aware of the demands of various stakeholders. The interest towards good governance practice is very present in the company laws of many countries. National differences may lead to specific attributes derived from the meaning that is given to the role of competition and market dispersion of capital. Based on a research consisting of a critical and comparative perspective, the present contribution is dominated by qualitative and mixed methods. In conclusion, it can be said that a market-oriented corporate governance model, though not part of the European Union’s convergence process, may very well respond to the increasing importance of investors’ rights and to the gradual evolution of corporate responsibilities, beyond the national context, with the aim of ensuring market liberalization.

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

NARCIS (Netherlands)

Luginbühl, SL

2009-01-01

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

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

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Taliouris, Evangelos

2018-01-01

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

Case - Case-Law - Law

DEFF Research Database (Denmark)

Sadl, Urska

2013-01-01

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

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

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Sandra E. Romagnoli

2006-12-01

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

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

NARCIS (Netherlands)

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

2017-01-01

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

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

NARCIS (Netherlands)

Dörrenbächer, N.

2017-01-01

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

The law for the Power Reactor and Nuclear Fule Development Corporation

International Nuclear Information System (INIS)

1977-01-01

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

The Corporations Act 2001

OpenAIRE

Bostock, Tom

2002-01-01

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

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

NARCIS (Netherlands)

Mahr, Ewa

2018-01-01

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

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

Science.gov (United States)

Scott, Rosamund

2016-01-01

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

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

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Tania FERNÁNDEZ LOMBAO FERNÁNDEZ LOMBAO

2014-10-01

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

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

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Ramon Loik

2016-03-01

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

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

NARCIS (Netherlands)

Ehrenhard, Michel L.; Fiorito, Timo L.

2018-01-01

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

Compartir buenas prácticas docentes en la European Law Faculties Association

Directory of Open Access Journals (Sweden)

Ana Maria Delgado

2014-06-01

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

Corporate Social Responsibility and Human Rights

DEFF Research Database (Denmark)

Buhmann, Karin

2006-01-01

rather than public regulation. The UN Global Compact and the UN Norms on human rights responsibilities for transnational and other corporations are discussed as examples of changes in international UN based regulation of corporations in relation to CSR topics, and as examples of network governance......Taking its point of departure in the aims of the United Nations, the article discusses challenges to international law making and the UN in the relatively immediate future in view of the increasing role and influence of corporations. This is done addressing challenges posed by globalisation......, in particular with regard to the appropriateness of past and present ideas of duty holders, modes of regulation, and law making, to deliver the aims of the UN; International law making and actors in this process; and a changing character of law and legal regulation, towards deregulation and private regulation...

Corporate Social Responsibility in banking sector

OpenAIRE

Lucie Kvasničková Stanislavská; K. Margarisová; K. Šťastná

2012-01-01

After popularity increase of the concept of Corporate Social Responsibility over last century in the USA, with the 21st century the concept comes into the European Union as well, actually into Czech Republic. For the European Union, the concept of social responsibility becomes one of the tool for achieving the most competitive and dynamic knowledge-based economy (Lisbon Strategy, 2000). With the start of the financial and economic crisis, the European Commission sees in the Corporate Social R...

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

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Laura-Cristiana SPĂTARU-NEGURĂ

2017-05-01

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

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

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Maret Priyanta

2016-12-01

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

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

NARCIS (Netherlands)

Purnhagen, K.; Rott, P.

2014-01-01

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

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

Science.gov (United States)

Himes, S M

2001-01-01

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

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

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Cristina Gănescu

2013-01-01

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

Corporate Social Responsibility in banking sector

Directory of Open Access Journals (Sweden)

Lucie Kvasničková Stanislavská

2012-01-01

Full Text Available After popularity increase of the concept of Corporate Social Responsibility over last century in the USA, with the 21st century the concept comes into the European Union as well, actually into Czech Republic. For the European Union, the concept of social responsibility becomes one of the tool for achieving the most competitive and dynamic knowledge-based economy (Lisbon Strategy, 2000. With the start of the financial and economic crisis, the European Commission sees in the Corporate Social Responsibility a way how to cope with the crisis. Also scientific studies (Ghoul, 2011; Gruz, 2009 indicate the positive influence of Corporate Social Responsibility on financial performance of the company. In the Czech Republic, the implementation of the concept is especially for multinational corporations. For example, Corporate Social Responsibility is very popular in financial sector, which the financial crisis did not damage so perceptible as in other countries of developed economies (Singer, 2009. This article defines on a theoretical level the concept of Corporate Social Responsibility, its development, its present form and the influence on financial performance of the company. Another part of the article focuses on three czech banking subjects (Česká spořitelna, Komerční banka a Československá obchodní banka, which regularly take the leading positions of the official corporate donors chart „TOP Filantrop“. The article explores the evolution of corporate donations and finds the connection between corporate donations and corporate profit and financial and economic crisis.

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

Science.gov (United States)

Scott, Rosamund

2016-01-01

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

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

International Nuclear Information System (INIS)

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

2007-01-01

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

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

NARCIS (Netherlands)

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

2013-01-01

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

Recent Case Law

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2004-01-01

In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

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

NARCIS (Netherlands)

Graafland, Johan

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2000-09-01

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

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

Directory of Open Access Journals (Sweden)

Susanne D. Burri

2013-01-01

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

A Corporate Governance Index : Convergence and Diversity of National Corporate Governance Regulations

NARCIS (Netherlands)

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

2010-01-01

The issue of appropriate corporate governance framework has been a focal point of recent reforms in many countries. This study provides a comprehensive comparative analysis of corporate governance regulatory systems and their evolution over the last 15 years in 30 European countries and the US. It

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

Directory of Open Access Journals (Sweden)

Zdzisław Gordon

2010-12-01

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

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

Science.gov (United States)

Nys, Herman

2008-09-01

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

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

DEFF Research Database (Denmark)

Elgaard, Karina Kim Egholm

2016-01-01

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

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

Science.gov (United States)

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

2014-08-01

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

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

Science.gov (United States)

Gorman, Elizabeth H; Kmec, Julie A

2009-03-01

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

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

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

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

NARCIS (Netherlands)

Flegar, Veronika

2015-01-01

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

Corporate Responsibility

OpenAIRE

World Bank

2004-01-01

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

Corporate income tax

OpenAIRE

Popová, Barbora

2014-01-01

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

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

International Nuclear Information System (INIS)

Schneider, Horst

2010-01-01

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

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

NARCIS (Netherlands)

Stronks, Martijn

2017-01-01

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

Public opinion, risk to reputation: The essentials of societal corporate governance?

Directory of Open Access Journals (Sweden)

Catherine Malecki

2012-12-01

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

International and European Security Law

Directory of Open Access Journals (Sweden)

Jonathan Herbach

2012-02-01

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

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

NARCIS (Netherlands)

Loos, M.B.M.

2012-01-01

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

Discourse norms as default rules: structuring corporate speech to multiple stakeholders.

Science.gov (United States)

Yosifon, David G

2011-01-01

This Article analyzes corporate speech problems through the framework of corporate law. The focus here is on the "discourse norms" that regulate corporate speech to various corporate stakeholders, including shareholders, workers, and consumers. I argue that these "discourse norms" should be understood as default terms in the "nexus-of-contracts" that comprises the corporation. Having reviewed the failure of corporate law as it bears on the interests of non-shareholding stakeholders such as workers and consumers, I urge the adoption of prescriptive discourse norms as an approach to reforming corporate governance in a socially useful manner.

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

Directory of Open Access Journals (Sweden)

Pajtić Bojan

2012-01-01

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

European food law handbook

NARCIS (Netherlands)

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

2008-01-01

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

An international corporate governance index

NARCIS (Netherlands)

Martynova, M.; Renneboog, L.D.R.; Wright, M.; Siegel, D.; Keasey, K.; Filatotchev, I.

2013-01-01

This chapter presents a comparative analysis of corporate governance regulatory systems and their development since 1990 in the United States and in 30 European countries. It introduces a proposed methodology that would help create detailed corporate governance indices which describe the primary

The Corporation as a Political Actor

DEFF Research Database (Denmark)

Rasche, Andreas

2015-01-01

. On the other hand, European scholars have recently promoted an understanding of corporate social responsibility (CSR) emphasizing that firms often assume a political role because they increasingly provide public goods and become involved in multi-actor governance processes. This article contrasts both......This article distinguishes two approaches to study the political role of corporations. On the one hand, North American scholars have primarily understood the link between business and politics through the lens of corporate political activity (CPA) looking at how firms influence government policy...... approaches and suggests that differences in the way the political role of corporations are understood can at least, in part, be explained by the distinct nature of European/North American management scholarship as well as by the political environment in both regions. It is also suggested that both...

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

Directory of Open Access Journals (Sweden)

Tim G. O'Higgins

2017-02-01

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

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

Directory of Open Access Journals (Sweden)

Mancano Leandro

2016-05-01

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

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

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

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

Corporation suit in administrative proceedings - BVerwG, NJW 1981, 362

International Nuclear Information System (INIS)

Skouris, W.

1982-01-01

The above mentioned decisions show that the repeated demand for an admission of the corporation suit has not had much impact on jurisdiction. Still the courts are examining whether the rights of corporations taking action against the executive measures are being infringed by them or not. They do not seem to be willing to admit the enforcement of members' rights or of public interests by means of a corporation suit except in those cases that are already embodied in the law. The latest statement of the administrative courts prove that the administrative procedural law (still) in force does not accept any general law on the conduct of a case on behalf of associations for the protection of their members' rights (egoistic corporation suit), nor does it acknowledge the legitimacy of corporations to see against objective illegalities in official decisions with the intention of reducing deficiencies in the execution (altruistic corporation suit). (orig.) [de

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

NARCIS (Netherlands)

Hesselink, M.

2012-01-01

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

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

NARCIS (Netherlands)

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

2013-01-01

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

27 CFR 479.45 - Changes in corporation.

Science.gov (United States)

2010-04-01

... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Changes in corporation... CERTAIN OTHER FIREARMS Special (Occupational) Taxes Change of Ownership § 479.45 Changes in corporation... capital stock of a corporation if the laws of the State of incorporation provide for such change or...

Corporate Governance as a Crucial Factor in Achieving Sustainable Corporate Performance

Directory of Open Access Journals (Sweden)

Julija Bistrova

2014-06-01

Full Text Available In the developed stock markets the corporate governance aspect is crucial in the stock portfolio selection process for investor seeking to achieve shareholder value sustainability. In the emerging markets the importance of the corporate governance role just starts to be realized by the investors and by the corporate managers. The present research, looking at the stock performance leaders and laggards, analyzes whether the corporate governance system matters to achieve long-term shareholder value within the Central and Eastern European stock markets universe. Corporate governance quality was assessed and compared among the out- and underperformers. The financial results plausibility and the ownership structure were considered as well. Additionally, the authors analyzed whether the quality of corporate governance influences the economic performance of the company. The obtained results provide the proof that the corporate governance does matter as the market outperformers have above average corporate governance quality and provide trustworthy financial results more often than the underperforming companies. Besides, well-governed companies are also able to deliver more attractive financial results.

The rights of avoidance of third parties and 'protection laws'

International Nuclear Information System (INIS)

Gassner, E.

1981-01-01

After having given an account of the rights of avoidance of third parties and their foundation in the law the author cites an atypical example of a right of avoidance, i.e. the corporation suit in the environmental protection law in the German Laender Bremen and Hesse. The corporations can only denounce the violation of the environmental protection law. These regulations constitute the protection law, namely in favour of the interests of nature protection, i.e. public interests. It is natural that the corporation has only be concerned an independent right of conducting a case. The (altruistic) corporation suit is therefore a complaint suit aiming at administration control and not a means of an individual legal protection. (HSCH) [de

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

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

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

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

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

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

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

Directory of Open Access Journals (Sweden)

María Caterina La Barbera

2017-06-01

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

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

OpenAIRE

Amao, O

2008-01-01

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

CODES AND PRACTICES OF IMPLEMENTATION OF CORPORATE GOVERNANCE IN ROMANIA AND RESULTS REPORTING

Directory of Open Access Journals (Sweden)

GROSU MARIA

2011-12-01

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

Integrating International Business Law Concepts into a High School Business Law Course.

Science.gov (United States)

Golden, Cathleen J.; McDonald, Michael L.

1998-01-01

Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

Corporate Communication in European Financial Institutions

NARCIS (Netherlands)

C.B.M. van Riel (Cees)

1992-01-01

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

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

Science.gov (United States)

Cliquet, A

2014-10-01

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

Corporate Civil Disobedience in the Consumer Interest.

Science.gov (United States)

Dennis, Michael R.; And Others

1994-01-01

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

Corporate Social Responsibility: what role for law?

DEFF Research Database (Denmark)

Buhmann, Karin

2006-01-01

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

Hungary : Corporate Governance Country Assessment

OpenAIRE

World Bank

2003-01-01

This report assesses the corporate governance policy framework and enforcement and compliance practices in Hungary. Hungary has already invested considerable resources in upgrading its legislation to meet European Union Directives, and the legislative and regulatory framework dealing with corporate governance issues is robust. The major issues identified by this review include: (1) the gen...

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

International Nuclear Information System (INIS)

Altmann, J.; Roesel, H.

1978-01-01

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

The European Union Rule of Law Mission in Kosovo

DEFF Research Database (Denmark)

Zupancic, Rok; Pejič, Nina; Grilj, Blaž

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Jet Tigchelaar

2016-07-01

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

12 CFR 704.17 - State-chartered corporate credit unions.

Science.gov (United States)

2010-01-01

... provided under the laws of the state in which it was chartered. (b) A state-chartered corporate credit... 12 Banks and Banking 6 2010-01-01 2010-01-01 false State-chartered corporate credit unions. 704.17... CORPORATE CREDIT UNIONS § 704.17 State-chartered corporate credit unions. (a) This part does not expand the...

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

Science.gov (United States)

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

2015-04-01

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

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

International Nuclear Information System (INIS)

Schloemer, Jan

2013-01-01

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

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

International Nuclear Information System (INIS)

Hanenburg, E.; Warg, G.

1999-01-01

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

Corporate Social Responsibility (CSR) Dalam Perspektif Pembangunan Berkelanjutan

OpenAIRE

Sunaryo, Sunaryo

2015-01-01

The mandatory Corporate Social Responsibility (CSR) which has regulated under the law requires company to have CSR programs which oriented to sustainable development. The obligation to implement the CSR has arranged in a variety of laws and regulations, both in the Constitution and in other sectoral legislation, such as about the company and the environment. Therefore, companies that want to corporate sustainability, in making CSR programs in addition have to pay attention to the socioeconom...

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

Science.gov (United States)

Grosse, Claudia; Grosse, Alexandra

2015-10-01

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

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

Directory of Open Access Journals (Sweden)

SH. M. Hum. TAUFIQURRAHMAN

2013-12-01

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

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

OpenAIRE

Anthony O. Nwafor

2017-01-01

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

Discourses and Inter-Corporeity

Directory of Open Access Journals (Sweden)

Algis Mickūnas

2015-10-01

Full Text Available Contemporary European theories have focused attention on corporeity, its surface excitations and passions, and even on politically constructed bodies – how do men and women “carry their bodies”. The great variety of such claims suggests transformations in theoretical thinking, yet such changes were already articulated at another level by phenomenological studies: kinesthetic body. It is obvious that to speak of corporeity is possible only on the basis of analyses of corporeal movements. Thus, the aim of this essay is to disclose the structures of bodily movements, constituting the basis of primordial awareness – not “I think” but “I can”. In the essay there are presented a number of theses of post modernists who have not developed adequate analyses of corporeal movements.

Corporate Foresight and Strategic Decisions

DEFF Research Database (Denmark)

Gomez Portaleoni, Claudio; Marinova, Svetla Trifonova; Ul-Haq, Rehan

. It provides an extensive analysis of extant theories of corporate foresight and strategic management, brings in new notions and insights, and presents an in-depth case study exploration of corporate foresight of a European bank. The understanding of organizational future is influenced by the perceived......The investigation of the future of an organization has always captivated the attention of academics and business managers. Presently, the aspiration to entrench future-relevant insights into management practices is a must. Companies that have made attempts to use corporate foresight have generally...... dealt successfully with internal information sharing processes that in most cases have prepared them for the challenges of the future. Corporate Foresights and Strategic Decisions investigates the relationships between corporate foresight and management decision-making processes in organizations...

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

International Nuclear Information System (INIS)

Pick, H.; Wetzel, U.

1994-01-01

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

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

DEFF Research Database (Denmark)

Faeh, Andrea

2012-01-01

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

Towards corporate liability in international criminal law

NARCIS (Netherlands)

Stoitchkova, D.E.

2010-01-01

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

RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

Directory of Open Access Journals (Sweden)

Virgilijus Valančius

2017-12-01

Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

Corporate Governance for Employee¡¯s Welfare

OpenAIRE

Martono Anggusti; Bismar Nasution; Mahmul Siregar; Suhaidi; Tan Kamello; Benny Tabalujan; Hikmahanto Juwana

2015-01-01

The debate about Corporate Social Responsibility (CSR) to stakeholders is a fairly lengthy debate in the repertoire of the development of company law. At least there are two fundamentally different views to interpret the corporate social responsibility.The views, Firstly, cling to the belief that the concept of corporate social responsibility is counterproductive in the business world. According to Milton Friedman, a corporation are naturally only have a goal to generate economic objectives f...

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

Science.gov (United States)

Forman, Janis

2005-01-01

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

The Structure of European Food Law

NARCIS (Netherlands)

Meulen, van der B.M.J.

2013-01-01

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

EU international family law: Legal basis, sources, case law of ECJ

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2012-01-01

Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

Assessment of Corporate Governance in Jordan: An Empirical Study

Directory of Open Access Journals (Sweden)

Sinan S. Abbadi

2011-09-01

Full Text Available This paper assesses the reality of corporate governance in Jordan. It identifies the framework of corporate governance, which has here been set into two dimensions – institutionalisations and regulations – and describes the five major principles of corporate governance. The study was carried out by interviews with key employees and the review of related laws and selected annual reports. The study found (1 basic shareholder rights were honoured in decision-making, except for large decisions such as major asset sales; (2 shareholders were not treated equitably in practice, although controllers sometimes took action and prohibited insider trading; (3 the role and rights of stakeholders in corporate governance were respected, and stakeholders had a number of legal protections, which were largely covered in Jordan's Company Law; (4 disclosure and transparency were observed to a large extent, although limited to quantity rather than quality, because Jordan has fully adopted IFRS and ISA and (5 boards largely fulfilled their responsibilities, as these are extensively defined by law and regulation.

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

NARCIS (Netherlands)

Zuiderveen Borgesius, F.

2013-01-01

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

Compliance management and corporate governance; Compliance Management und Corporate Governance

Energy Technology Data Exchange (ETDEWEB)

Becker, Uwe [Stadt Frankfurt am Main (Germany); Alsheimer, Constantin; Kassebohm, Kristian; Reutler, Susanne [Mainova AG, Frankfurt (Germany)

2009-08-15

Starting in the year 2009, numerous changes in the financial system and accountancy a well as in the corporate law come into effect for enterprises. Thereby, the requirements substantially are intensified to their corporate governance. The actual well-known reproaches of bribery, corruption and injuries of data protection intensify the pressure on executive committees and supervisory boards in order to meet normative and ethical requirements. All the more is valid for power suppliers whose reputation can already carry damage out with the first suspicion. Already in 2008, Mainova AG (Frnkfurt/Main, Federal Republic of Germany) implemented a compliance management.

Abstract legal effect of juridical acts in European and Serbian law

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Dudaš Atila

2012-01-01

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

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

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

Compliance and corporate anti-money laundering regulation

Directory of Open Access Journals (Sweden)

Pietro Pavone

2018-04-01

Full Text Available This paper, having traced the evolution of anti-money laundering legislation, defines and frames money laundering and terrorism financing risk inside corporate dynamics. Principles that must inspire corporate actions on the construction of an adequate managing structure to contain risks are set out, considering the fact that there is no risk that this does not have an economical content. This is even truer in the presented case, given that the Italian legislation to counter money laundering is focused on the innovative and modern risk-based approach, which has to guide the organization and functioning of corporations. Possible configuration of corporate anti-money laundering supervisions is therefore analyzed, with the aim of underlining the present connection between anti-money laundering legislation and rules referring to the government and to the internal control system. The present study originates from the interpretation of the new Italian anti-money laundering law. In particular, the first consideration that derives is that the new law does not impose precise obligations in terms of corporate anti-money laundering structure, but a large area of autonomy is left to the will of each company.

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

OpenAIRE

Weber, Dennis

2013-01-01

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

Specifics of corporate management in agribusiness in transitional conditions

Directory of Open Access Journals (Sweden)

Vignjević-Đorđević Nada

2015-01-01

Full Text Available Corporate governance in agribusiness describes an agency problem resulting from separation of ownership from control in modern corporations and represents a huge cost to the shareholders. The agency problem is regulated by legal protection of minority shareholders, by constituting the Board of Directors as a Supervisory authority to monitor managers and an active agribusiness market for corporate control in agribusiness (against hostile takeover. These mechanisms are regulated by regulations on securities (at the federal level, corporate law (at the state level, and the corporate statutes, regulations and other Contracting Rules (at the company level. These regulations, laws and decrees actually define distribution of power between shareholders and managers. Such techniques of defense against takeover can be beneficial to shareholders, if managers use them to strengthen the bargaining power and increase the selling price of an agribusiness company. However, if managers use it for preservation of position and for the achievement of personal interests these regulations do not contribute to the realization of shareholders' interests.

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

DEFF Research Database (Denmark)

Wind, Marlene

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

19 CFR 113.37 - Corporate sureties.

Science.gov (United States)

2010-04-01

... under laws of the State of __, authorized to conduct a surety business in the State of __, and having... company incorporated under the laws of the State of __ and having its principal place of business at... effect on the close of business on the date requested provided the corporate surety power of attorney is...

12 CFR 704.11 - Corporate Credit Union Service Organizations (Corporate CUSOs).

Science.gov (United States)

2010-01-01

... course of business of credit unions; and (4) Is structured as a corporation, limited liability company, or limited partnership under state law. (b) Investment and loan limitations. (1) The aggregate of all... in shares, stocks, or obligations of an insurance company, trade association, liquidity facility, or...

19 CFR 111.45 - Revocation by operation of law.

Science.gov (United States)

2010-04-01

... operation of law. (a) License. If a broker that is a partnership, association, or corporation fails to have, during any continuous period of 120 days, at least one member of the partnership or at least one officer... operation of law of the license and any permits issued to the partnership, association, or corporation. The...

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

OpenAIRE

Dinh Tran Ngoc, Huy

2016-01-01

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

The Unification of Private International Law

Directory of Open Access Journals (Sweden)

Emira Kazazi

2015-07-01

Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

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

Directory of Open Access Journals (Sweden)

Concetta Castiglione

2014-10-01

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

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

NARCIS (Netherlands)

Speekenbrink, S.

2012-01-01

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

Codifying the corporate opportunity doctrine: The (UK Companies Act 2006

Directory of Open Access Journals (Sweden)

John Lowry

2012-04-01

Full Text Available Part 10 of the UK Companies Act 2006 codifies the fiduciary and common law duties of directors as a means of addressing the key policy considerations which underpinned the company law reform project launched by the Labour Government in 1998. Focusing on the core fiduciary duty of loyalty and its corporate law manifestation in the form of the ‘corporate opportunity doctrine’, the article critically examines whether the statutory language adequately captures the totality of the duty as developed in the case law. It concludes that the formalistic language of the relevant provisions neither encompasses the breadth of the pre-existing jurisprudence nor addresses the policy objectives of the reform exercise.

A Convergence of Corporate and Academic Governance

Science.gov (United States)

Gee, Gordon

2006-01-01

One of the particular gifts in history for the present generation, is the increasingly large opportunity afforded to universities and corporations to be mutually supportive, not exploitative, of one another. As the federal Sarbanes-Oxley Act of 2002 has imposed new challenges on management of all stripes, this anti-corporate-fraud law also has…

Corporate intent: in search for a theoretical foundation for corporate mens rea

NARCIS (Netherlands)

Hornman, M.J.|info:eu-repo/dai/nl/314130837; Sikkema, E.|info:eu-repo/dai/nl/186192339

2015-01-01

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

Some issues in ownership structure and corporate governance

Directory of Open Access Journals (Sweden)

K.A. Darshana Lakmal

2014-10-01

Full Text Available Corporate governance is a process that aims to allocate corporate resources in a manner that maximizes value for all stakeholders — shareholders, investors, employees, customers, suppliers, environment and the community at large and holds those at the helms to account by evaluating their decisions on transparency, inclusivity, equity and responsibility. Corporate governance has been commonly defined as the rules and procedures in place for governing an organization. It is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. Corporate governance principles and codes have been developed in different countries and issued from stock exchanges, corporations, institutional investors, or associations (institutes of directors and managers with the support of governments and international organizations. As a rule, compliance with these governance recommendations is not mandated by law, although the codes linked to stock exchange listing requirements may have a coercive effect. However, given the rapid developments within the field and the increasing prominence of corporate governance in the modern world, this definition may be considered too narrow. Corporate governance, while a topic that has been examined in considerable depth in many areas, is widely applicable to a vast array of topics and issues. This study contributes to the literature by extending the mainly based on board literature to where there are important institutional differences and issues in ownership structure and corporate governance system and seeks to address new and emerging issues which have yet to be closely examined and have, to a degree, been overlooked

Globalization And Its Influence On The Development Of International Law

Directory of Open Access Journals (Sweden)

Olga M. Mesheriakova

2014-09-01

Full Text Available In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization that is associated with the development of bilateral regional agreements, as well as changes in the configuration of the trade and political landscape. In the article author also reveals the essence of processes that determine development of international law in the century of globalization. Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization, as well as multinational corporations. In the conclusion author points out possibility of the own monetary system creation in the integration community, even in the format of multi-speed integration, what allows EU member states together confront to dollar and yuan, what contributes to the achievement of their national interests in the economic sphere, therefore, legal mechanism established the European Union takes into account both regional and economic aspects that are associated with the process of globalization. With new trends in the development of modern international law it is necessary to develop advanced models of legal regulation for processes caused by globalization.

Sexual Orientation, Human Rights, and Corporate Sponsorship of the Sochi Olympic Games: Rethinking the Voluntary Approach to Corporate Social Responsibility

Directory of Open Access Journals (Sweden)

Jeffrey A Van Detta

2014-02-01

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.

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

Directory of Open Access Journals (Sweden)

Vilks A.

2012-10-01

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

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

Science.gov (United States)

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

2010-03-01

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

Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

OpenAIRE

Canatay HACIKÖYLÜ

2016-01-01

There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 19...

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

Science.gov (United States)

Bond, Matthew; Glouharova, Siana; Harrigan, Nicholas

2010-06-01

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

KARAKTERISTIK PERTANGGUNGJAWABAN PIDANA KORPORASI (The Characteristics of Corporate Criminal Responsibility

Directory of Open Access Journals (Sweden)

Adriano Adriano

2016-03-01

Full Text Available Disertasi ini membahas lebih dalam mengenai karakteristik korporasi yang berbadan hukum maupun yang tidak berbadan hukum, keduanya didiskusikan pada kerangka yang sama dari pertanggungjawaban pidana korporasi. Meskipun demikian, seringkali pada beberapa hukum atau peraturan selain KUHP, baik pada hukum pidana maupun hukum administratif dengan sanksi pidana, perusahaan digambarkan sebagai sekumpulan orang/kekayaan yang terorganisir baik yang berbadan hukum maupun yang tidak. Pengertian ini sangat jauh berbeda dari apa yang dinyatakan oleh para ahli hukum terutama pada hukum pidana yang biasanya menyatakan perusahaan sebagai badan hukum. Meskipun demikian, hal ini tidaklah sama bagi perusahaan yang tidak berbadan hukum. Perbedaan tersebut akan menyebabkan konsekuensi hukum tersendiri karena perusahaan tidak bisa dan tidak akan pernah diperlakukan sama terkait pertanggungjawaban pidana korporasi.   This dissertation analyzed for real about characteristics of an entity, either a legal or the nonlegal "entity'' which all were discussed in the same outline of corporate crime responsibility. It was often, though, in several laws aside from the Penal Code of Indonesia (KUHP, both in Criminal Law and Administrative Law with criminal sanction, that corporate is defined as a collection of organized people and or wealth, either as a legal or the nonlegal entity. The definitions in those laws are really different from those of law experts, especially those of criminal law who basically identify corporate as a legal entity, however the same is not true for those of the nonlegal entity. Such differences of the legal and nonlegal entities would bring their own legal consequences, therefore they could not and would not be treated the same referring to corporate criminal responsibility.

コーポレート ガバナンスノ ケンキュウ

OpenAIRE

菊池, 敏夫; 望月, 敏江; 飯島, 寛一; Toshio, Kikuchi; Toshie, Mochizuki; Kanichi, Iijima; 中央学院大学商学研究科; 中央学院大学商学研究科; 中央学院大学商学研究科

2008-01-01

This paper approaches corporate governance from the perspectives of economic policy, business law, and international comparative studies. We try to define the characteristics of Japan's corporate governance and attempt suggestions for future improvement. Our research plan was as follows: 1.Analyze European, American, Chinese, and other corporate governance reforms. 2. Study relations between Japan's business law and corporate governance and common issues. 3.Approach corporate governance from ...

REFORMING CORPORATE GOVERNANCE IN ETHIOPIA ...

African Journals Online (AJOL)

milkii

financial resources on domestic and international capital markets through good corporate governance excited ...... It does not provide for separation of the roles of a chief executive officer (CEO) and board Chairperson;. • Besides, the law does ...

COMPARATIVE STUDY ON CORPORATE GOVERNANCE

Directory of Open Access Journals (Sweden)

Gavrea Corina

2011-12-01

Full Text Available Corporate governance is a key element of today’s economic reality being more and more present in many countries around the world. This paper has two main objectives. The first one is to offer more insight into the concept of corporate governance by a thorough literature review and by presenting and analyzing a framework of corporate governance. The second objective of this paper is to investigate the corporate governance situation in three developing economies (Romania, Bulgaria and Hungary. The World Bank and the European Bank for Reconstruction and Development published a series of reports on corporate governance. The present study uses data from these reports in order to illustrate how these developing economies are dealing with corporate governance. Based on ROSC Reports a corporate governance score was calculated. As this score shows, there is room for improvement for all three developing economies. This study is important because it shows the differences in corporate governance among developing economies and the need to study these nations at the individual country level. Corporate governance has many benefits for developing economies. It helps developing economies to register sustainable growth rates, to increases investors’ confidence in the national economy, and to increase the ability of capital markets to mobilize savings.

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

12 CFR 7.4001 - Charging interest at rates permitted competing institutions; charging interest to corporate...

Science.gov (United States)

2010-01-01

... institutions; charging interest to corporate borrowers. 7.4001 Section 7.4001 Banks and Banking COMPTROLLER OF... interest at rates permitted competing institutions; charging interest to corporate borrowers. (a... the law of that state. If state law permits different interest charges on specified classes of loans...

A Study on the Cost of Issuing Social Healthcare Corporation Bonds.

Science.gov (United States)

Fukunaga, Hajime; Yamauchi, Kazunobu

2015-07-01

The "Social Healthcare Corporation" system was established on 1 April 2007 as a result of the revised Japanese Medical Care Law. As of 1 October 2014, 234 corporations are certified Social Healthcare Corporations. These corporations are allowed to issue public bonds. However, to this day (1 December 2014), no bonds have been issued. In this paper, we focus on cost analysis with respect to issuing public bonds.

European Law in the Making:

DEFF Research Database (Denmark)

Rasmussen, Morten

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

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

Directory of Open Access Journals (Sweden)

Anthony O. Nwafor

2017-09-01

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

the search for environmental justice in the niger delta and corporate

African Journals Online (AJOL)

OLAWUYI

Keywords: Environmental Justice, Niger Delta, Corporate Accountability, Torts, kiobel .... U.S. Courts to Victims of Corporate Human Rights Abuses', 146 Columbia ... 7 Amokaye O.G., Environmental Law and Practice in Nigeria (Lagos, Unilag ...

National identity and law in the context of European integration

DEFF Research Database (Denmark)

Kjær, Anne Lise; Palsbro, Lene

2008-01-01

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

From European Union to World Union: Building Effective and Democratic Global Governance

Directory of Open Access Journals (Sweden)

John McClintock

2012-04-01

Full Text Available Sovereignty-sharing has placed European countries in a position to resolve their common problems through law, not war. As a result, the EU member states now live in peace together and take peace, justice and order for granted. The system of global governance is dysfunctional – some states are failing and the Security Council lacks legitimacy. Humanity does not have a mechanism to resolve its global problems through law, making it difficult – if not impossible – to resolve global problems such as famine, hunger, climate change, war and terrorism, nuclear proliferation, regulation of corporations – including banks, destruction of fish stocks, and population. Sharing of sovereignty at the global level can address these problems, starting in the area of food security, then proceeding to climate management and other fields. Shared sovereignty can eliminate famine and hunger globally.

Putting the Corporation in its Place

OpenAIRE

Guinnane, Timothy; Harris, Ron; Lamoreaux, Naomi R.; Rosenthal, Jean-Laurent

2007-01-01

This article challenges the idea that the corporation is a globally superior form of business organization and that the Anglo-American common-law is more conducive to economic development than the code-based legal systems characteristic of continental Europe. Although the corporation had important advantages over the main alternative form of organization (partnerships), it also had disadvantages that limited its appeal to small- and medium-sized enterprises (SMEs). As a result, when businesse...

One Stop Group Law Shop?

DEFF Research Database (Denmark)

Werlauff, Erik

2012-01-01

The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...

How does corporate mobility affect lawmaking? A comparative analysis

NARCIS (Netherlands)

Bratton, W.W.; McCahery, J.A.; Vermeulen, E.P.M.

2008-01-01

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

How does corporate mobility affect lawmaking?: a comparative analysis

NARCIS (Netherlands)

Bratton, W.W.; McCahery, J.A.; Vermeulen, E.P.M.

2009-01-01

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

Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

Directory of Open Access Journals (Sweden)

Canatay HACIKÖYLÜ

2016-12-01

Full Text Available There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 193 and the Corporate Tax Law No. 5520 will be abolished. Draft is aimed to regulate the procedures and principles regarding the income tax on the income of real persons and institutions. In this study, the current situation and the regulations of the draft will be discussed. Moreover, It will be evaluate whether the regulations in the draft law are sufficient. Suggestions will be put forth to determine and declare the real value of the property in order to achieve the intended objectives in draft.

Corporate Governance in the Swedish Banking Sector

OpenAIRE

Palmberg, Johanna

2010-01-01

This paper studies the corporate governance structure among Swedish banks. Who controls the Swedish banks and what characteristics does the Swedish banking sector have? Issues related to corporate governance such as ownership structure, board of directors and control-enhancing mechanisms will be studied. The Swedish banking law, how Swedish banks handled the financial crises and government measures to deal with the financial crisis is also analyzed.

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

Corporate Tax Policy, Entrepreneurship and Incorporation in the EU

NARCIS (Netherlands)

R.A. de Mooij (Ruud); G. Nicodè me

2007-01-01

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

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

Index Scriptorium Estoniae

Jansen, Nils

2011-01-01

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

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

NARCIS (Netherlands)

Arons, T.M.C.

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

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

Directory of Open Access Journals (Sweden)

Gheorghe, BONCIU

2015-06-01

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

THE SOUND OF CORPORATE GOVERNANCE

Directory of Open Access Journals (Sweden)

DUMITRASCU LUMINITA MIHAELA

2012-07-01

Full Text Available The paper explores the corporate governance and corporate social responsibility in music industry, by reviewing the literature and investigating the aspects in the context of a sample made by top companies in this domain. The paper spotlighting the mutual connections between corporate governance and corporate social responsibility. The research methodology used consists in investigate the corporate governance codes. It’s about a qualitative interpretive research methodology that was adopted. The findings suggest the intercorelation of corporate governance with corporate social responsibility. The main contribution of the author consists in the fact that the added value of this paper and the original contribution leads in the intercorelation of these two aspects of corporate governance and corporate social responsibility, the findings beeing interesting, implying that recent preoccupation with corporate governance in music industry is starting to be equable by some attention to social responsibility aspects, with growing appreciation of their interdependencies. Previous literature has researched corporate governance and corporate social responsibility independently. Due to this fact, this paper is considering them jointly. The paper is important for both practical and theoretical aspects: for managers and also can serve as the basis for future research on this topic. The current paper is realized in the doctoral program entitled “PhD in Economics at the Standards of European Knowledge- DoEsEc”, scientific coordinator Prof. PhD Niculae Feleaga, Institution: The Academy of Economic Studies Bucharest, Faculty of Accounting and Management Informatic System, Department of International Accounting, period of research 2009-2012.

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

DEFF Research Database (Denmark)

Vendius, Trine Thygesen

2015-01-01

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

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

International Nuclear Information System (INIS)

Britz, G.

1994-01-01

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

Alternatives within corporate ‘ownership’

OpenAIRE

Nordberg, Donald; Katelouzou, D.

2015-01-01

Institutional investors have long played a central role in corporate governance but no more so than since the financial crisis of 2007-09. To counteract short-termism, the UK Stewardship Code (Financial Reporting Council, 2010) encouraged investors to engage with the companies in which they invest came first and develop a sense of ownership. France (Commission Europe, 2010; ORSE, 2011) and Germany (discussed in Roth, 2012) took similar actions. The European Union (European Commission, 2011, 2...

CORPORATE SOCIAL RESPONSIBILITY: OPTIONAL OR REGULATORY

Directory of Open Access Journals (Sweden)

MIHAELA IRINA IONESCU

2012-05-01

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.

Corporate accountability and transitional justice

Directory of Open Access Journals (Sweden)

Sabine Michalowski

2015-10-01

Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

Information technology law and health systems in the European Union.

Science.gov (United States)

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

2004-01-01

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

Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law

NARCIS (Netherlands)

Nicolosi, S.

2016-01-01

The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of

Thomas Hopley and Mid-Victorian Attitudes to Corporal Punishment

Science.gov (United States)

Middleton, Jacob

2005-01-01

This paper discusses the trial of Thomas Hopley, accused of killing his pupil Reginald Cancellor in 1860 during an act of corporal punishment. The case provoked immediate sensational interest and became an important defining point in how corporal punishment is treated in British law. Established by this trial was the test that any corporal…

Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

OpenAIRE

Gordeeva, Yelena M.

2016-01-01

An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

12 CFR 563b.435 - What happens to my corporate existence after conversion?

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What happens to my corporate existence after... What happens to my corporate existence after conversion? Your corporate existence will continue following your conversion, unless you convert to a state-chartered stock savings association and state law...

Effects of the Formula for Common Consolidated Corporate Tax Base Apportionment

Directory of Open Access Journals (Sweden)

Gheorghe MATEI

2010-10-01

Full Text Available For solving the existing difficulties in corporate income taxation, the European Commission proposed the introduction of measures for coordination, solution contested by some Member States but supported by most professionals and many organizations representing the interests of European employers. Disputes in connection with the introduction of the “Common Consolidated Corporate Tax Base” system are determined by the uncertainty regarding its effects. In this context, we intend to present and analyze some effects of applying the EU formula apportionment.

European Identity and European Citizenship: the Case of Missing Polis?

Czech Academy of Sciences Publication Activity Database

Šejvl, Michal

2008-01-01

Roč. 2, č. 2 (2008), s. 49-56 ISSN 1789-1035 Institutional research plan: CEZ:AV0Z70680506 Keywords : the European integration * law of citizenship * European identity Subject RIV: AG - Legal Sciences

The Freedom of Information Act and Government's Corporate Information Files.

Science.gov (United States)

Kielbowicz, Richard B.

1978-01-01

Discusses exemptions to the Freedom of Information Act that prevent disclosure of some types of corporate information supplied to the federal government. Examines case law that has developed around these exemptions and gages the degree to which they block access to corporate information held by the government. (GW)

The European Union and National Criminal Law

DEFF Research Database (Denmark)

Greve, Vagn

1995-01-01

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

Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

 The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

Corporate Governance Systems used in European Union

OpenAIRE

Daniela Croitoru

2011-01-01

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

Performance, corporate governance and new regulation.

Directory of Open Access Journals (Sweden)

Heriberto Garcia

2012-07-01

Full Text Available After the adoption of the Corporate Governance Code (Code in Mexico, many companies increased financial performance and the leveraged during the following five years; we investigated the effect of how those firms improved the corporate governance practices and how was translated into better risk return company. We analyzed how and where better corporate governance practices affects performance and what was the relationship with Transparency, New Regulation and Governance Practices. Also we explored the gaps between transparency and information disclosure of Mexican Firms listed in U.S stock exchange and non U.S listed firms our findings were related to the potential growth of the Mexico Financial Market, Law and Finance.

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

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Jasmina Alihodžić

2014-01-01

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

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

Directory of Open Access Journals (Sweden)

Jasmina Alihodžić

2014-01-01

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

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

NARCIS (Netherlands)

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

2012-01-01

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

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

NARCIS (Netherlands)

Loos, M.B.M.

2015-01-01

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

Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

Science.gov (United States)

Waxman, Michael P.

2001-01-01

Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

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

International Nuclear Information System (INIS)

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

2006-01-01

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

A toolbox for European judges

NARCIS (Netherlands)

Hesselink, M.W.

2011-01-01

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

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

Science.gov (United States)

1994-02-14

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

Powers and Duties of the Corporate Affairs Commission as a ...

African Journals Online (AJOL)

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 ...

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

The Legal Policy of Corporation Legal Standing as Rechtspersoon at Indonesian Criminal Justice System

OpenAIRE

Maryono Maryono; Yuhelson Yuhelson

2016-01-01

Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by bus...

Telemedicine and European law.

Science.gov (United States)

Callens, Stefaan

2003-01-01

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

Corporate sustainability and economic performance in small and medium sized enterprises

OpenAIRE

Bojnec, Štefan; Simčič, Blaž; Tomšič, Nastja

2015-01-01

Various studies have investigated drivers of corporate sustainability, however only a few attempts have been made to link corporate sustainability and economic performance of enterprises by measuring labour productivity in new European Union member states that have transitioned from socialism. This paper analyses the link between corporate sustainability and economic performance, by simultaneously using the following control variables: human capital, the innovation process, leadership, and Eu...

Corporate governance and competitiveness in the context of Serbian approaching to EU

Directory of Open Access Journals (Sweden)

Knežević Vladimir

2016-01-01

Full Text Available The theme of this work is corporate governance and competitiveness of Serbia in the context of approaching the European Union. Serbia is a country in the process of admission to this integration, for which it must fulfill a number of conditions. The most important conditions, besides political, are economic, and their very essence may be defined as an increase in competitiveness of its economy. Our goal is to point out the connection between these two issues and the phenomenon of corporate governance. To this end, among the indicators for measuring the competitiveness of the economies in the world, used by the World Economic Forum, we have chosen those who are directly connected to the internal and external mechanisms of corporate governance. In comparative analysis we have used the latest results in this area that are related to Serbia and its neighboring countries. Comparing those who are members of the European Union, but also those who belong to the candidate group, we concluded that Serbia lags behind both groups according to most of the analysed indicators. In this way, we have shown that corporate governance is essential segment of competitiveness of the national economy, and that Serbia lags behind all comparable countries in meeting the economic criteria for admission to the European Union. It was concluded that in the process of approaching the European Union, Serbia must improve the competitiveness of its economy, and one way is to raise the quality of corporate governance in it, because these are firmly related phenomena that have an intense mutual influence.

Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

Directory of Open Access Journals (Sweden)

Stanislav E. Kuzmin

2015-01-01

Full Text Available The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the

48 CFR 3052.209-70 - Prohibition on contracts with corporate expatriates.

Science.gov (United States)

2010-10-01

... have substantial business activities in the foreign country in which or under the law of which the... with corporate expatriates. 3052.209-70 Section 3052.209-70 Federal Acquisition Regulations System... contracts with corporate expatriates. As prescribed at (HSAR) 48 CFR 3009.104-75, insert the following...

The impact of the ECHR on private international law: An analysis of Strasbourg and selected national case law

NARCIS (Netherlands)

Kiestra, L.R.

2013-01-01

In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the

A Review of 'Law's Impunity: Responsibility and the Modern Private Military Company'

Directory of Open Access Journals (Sweden)

Marcos Alan S. V. Ferreira

2016-02-01

Full Text Available The mercenaries and mercenarism are two points of concern for scholars studying the rules of war throughout history. Both in jus ad bellum (JAB and jus in bellum (JIB we can find a framework of international law crafted to impede the participation of individuals motivated to take part in hostilities to get private gain. Nevertheless, paradoxically, the problem is when corporations are supported by domestic law to perform serviced in ground combats abroad. In the latter case, Human Rights Law (HRL, International Humanitarian Law (IHL and International Criminal Law (ICL present numerous gaps that make it difficult to incriminate corporations, which perpetuate the impunity among private organizations involved in human rights violations in conflict zones.

Law 6.189 of December 16, 1974

International Nuclear Information System (INIS)

1974-01-01

Modifies Law 4.118 of Aug 27, 1962 and Law 5.740 of Dec 1, 1971, which create respectively, Brazilian Nuclear Energy Commission (CNEN) and Brazilian Company of Nuclear Technology (CBTN), henceforth designated by Empresas Nucleares Brasileiras Sociedade Anonima (NUCLEBRAS) - Brazilian Nuclear Technology Corporation - and makes additional providence

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

NARCIS (Netherlands)

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

2007-01-01

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

Corporate governance and earnings quality : evidence from the Malaysian banking sector

OpenAIRE

Siniah, Thangamany

2017-01-01

This thesis investigates whether corporate governance conformance by Malaysian banks improves their financial reporting quality. It is motivated by the controversies surrounding corporate governance reforms and the calls for systematic research on its efficacy in the post-reform period. Malaysian banks have been subject to international standards of corporate governance since before and after the 1997–1998 Asian Financial Crisis. Malaysia’s common-law tradition, greater level of financial and...

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

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

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law,...

the harmonisation and approximation of commercial laws

African Journals Online (AJOL)

While the trade protocols have been adopted and much has been made of the harmonisation of stock exchange listing requirements and central banking regulation, it is an effort at harmonising corporate law that is noticeably absent. This article focuses on the harmonisation of business law including the supporting financial ...

Changing Law and Ownership Patterns in Germany

DEFF Research Database (Denmark)

Ringe, Wolf-Georg

: 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...... to facilitating competition. Notably, a taxation law reform enabled and accelerated the competition process already underway. Legal rules and market competition may thus be understood as not operating in isolation, but as forces that can be working in dialog. Secondly, the paper highlights the importance......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...

Monitoring good corporate governance in developing countries ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... The call for good corporate governance was as a result of the scandal and collapse ... This paper made use of legislation, regulations (Codes of best practices) and ...

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

Directory of Open Access Journals (Sweden)

Miguel Ángel Cepillo Galvín

2009-12-01

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

Law before Gratian: Law in Western Europe c. 500-1100

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

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

Directory of Open Access Journals (Sweden)

Ivo Giesen

2010-01-01

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

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

OpenAIRE

Apostolache, Mihai

2015-01-01

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

CORPORATE GOVERNANCE IN INDIA: AN ANALYSIS

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Meghna Thapar

2017-03-01

Full Text Available Corporate governance is a process, relation and mechanism set up for the corporations and firms based on certain guidelines and principles by which a company is controlled and directed. The principles provided in the system ensure that the company is governed in a way that it is able to set and achieve its goals and objectives in the context of the social, regulatory and market environment, and is able to maximize profits and also benefit those whose interest is involved in it, in the long run. The division and distribution of rights and responsibilities among different participants in the corporation (such as the board of directors, managers, shareholders, creditors, auditors, regulators, and other stakeholders and inclusion of the rules and procedures for making decisions in corporate affairs are identified with the help of Corporate Governance mechanism and guidelines. The need to make corporate governance in India transparent was felt after the high profile corporate governance failure scams like the stock market scam, the UTI scam, Ketan Parikh scam, Satyam scam, which were severely criticized by the shareholders. Thus, Corporate Governance is not just company administration but more than that and includes monitoring the actions, policies, practices, and decisions of corporations, their agents, and affected stakeholders thereby ensuring fair, efficient and transparent functioning of the corporate management system. By this paper, the authors intend to examine the concept of corporate governance in India with regard to the provisions of corporate governance under the Companies Act 2013. The paper will highlight the importance and need of corporate governance in India. We will also discuss the important case laws which contributed immensely in the emergence of corporate governance in India.

1992 yearbook of environmental and technology-related law

International Nuclear Information System (INIS)

Schroeder, M.

1992-01-01

The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

How do firms use corporate social responsibiblity to build brand equity

OpenAIRE

Sharif, Usman

2012-01-01

Masteroppgave i økonomi og administrasjon - Universitetet i Agder 2012 Corporate Citizenship, Corporate Conscience, Social Performance and Sustainable Responsible Business are the different names of Corporate Social Responsibility. It is a self-regulating mechanism whereby companies take account of social norms and local laws of country. This term came alive around 1960s and 1970s. The core objective of CSR is to increase the responsibility by the firm towards environment, health and s...

Uniunea Europeană - Realitate juridică

Directory of Open Access Journals (Sweden)

Daniel BUDA

2002-02-01

Full Text Available European Union as a juridic reality can be approach in three different meanings: is created by law, is a source of law and represents a juridical order. The last caractheristic arise by the first two. The European law leads to very serious problems, so a very important matter is to know what happens if a comunitary norm which produce rights in a direct way come in conflict with a norm of national law? This conflict can be solved only by according priority to one of these.....

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

Directory of Open Access Journals (Sweden)

NOREL NEAGU

2012-05-01

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

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

Directory of Open Access Journals (Sweden)

Natalia Mokhova

2017-05-01

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

THEORETICAL AND PRACTICAL APPROACHES REGARDING THE ADOPTION OF CORPORATE GOVERNANCE CODES

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Sorin Nicolae Borlea

2013-09-01

Full Text Available In the European Union, the concept of corporate governance began to emerge more clearly after 1997, when most countries have however, voluntarily adopted corporate governance codes. The impulse of adopting these codes consists in the financial scandals related to the failure of the British companies listed on the stock exchange. Numerous scandals involving big companies such as Enron, WorldCom, Parmalat, Xerox, Merrill Lynch, Andersen and so on, conduct to a lack of investors’ confidence. These crises that have started to alarm governments, supervisory authorities, companies, investors and even the general public because of the fragility of the corporate governance’s system, highlight the need to rethink its structures. The process of adapting the corporate governance provisions in order to ensure transparency, responsibility and fair treatment of shareholders has resulted in the development of Corporate Governance Principles by the Organization for Economic Cooperation and Development (OECD. In order to asses these principles, it has started to identify the common elements of codes, one the most effective practice models of governance. Once the benefits of corporate governance practices have been understood and assimilated by the developed country, the developing countries (also Romania have begun to adopt "the best practices" in corporate governance, especially because this need is acutely felt in the changes required by the transition to a market economy. Our article describes the origins of the corporate governance, the concept and evolution of the corporate governance code at an international level, European level and also at a Romanian level.

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

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Mario Stella Richter

2016-06-01

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

Soft law as a new mode of governance

OpenAIRE

Peters, Anne

2011-01-01

The paper analyses soft law as a mode of EU governance. European soft law can be qualified as a relatively ‘new’ mode, notably due to its dramatic proliferation and the increasing involvement of private actors. The concept of ‘soft law’ is viable on the premiss that normativity may be graduated (‘the continuum view’). Soft law deploys specific legal effects apart from outright legal bindingness, and not merely political or otherwise factual effects. The legal effects of European soft law flow...

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

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Constanze Semmelmann

2012-06-01

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

7 CFR 1980.443 - Collateral, personal and corporate guarantees and other requirements.

Science.gov (United States)

2010-01-01

... the concurrence of FmHA or its successor agency under Public Law 103-354. (b) Personal and corporate... 7 Agriculture 14 2010-01-01 2009-01-01 true Collateral, personal and corporate guarantees and... (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM...

Malaysia : Report on the Observance of Standards and Codes (ROSC), Corporate Governance Country Assessment

OpenAIRE

World Bank

2005-01-01

This ROSC assessment of corporate governance in Malaysia benchmarks law and practice against the OECD Principles of Corporate Governance, and focuses on listed companies. Important corporate governance reforms have been implemented in Malaysia since 1998, when a high-level Finance Committee on Corporate Governance, consisting of both government and industry, was formed to identify and address weaknesses highlighted by the Asian financial crisis. Key reforms have included the development of a ...

Law Studies

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G. P. Tolstopiatenko

2014-01-01

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

Innovation activity of corporations in emerging economies

Directory of Open Access Journals (Sweden)

Soboleva Ekaterina N.

2016-01-01

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

Law before Gratian

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Regulating corporate social and human rights responsibilities at the UN plane

DEFF Research Database (Denmark)

Buhmann, Karin

2009-01-01

Globalisation's unprecedented growth and transborder activities of business coupled with increasing awareness of the impact of business on societies and human rights has resulted in demands for the international society to regulate corporate social and human rights responsibilities. This not only...... challenges traditional notions of duty bearers under international law, but also calls for novel approaches for the United Nations (UN) to implement central parts of the Charter's human rights aims and to address corporate behaviour in a state-centred international law-making order that lacks the willingness...... businesses' impact on human rights. The pattern of using these forms suggests an institutionalisation of reflexive regulation as a regulatory process drawing on public-private regulation, and of an emerging UN based 'Global Administrative Law' in order to meet regulatory challenges in living up to the human...

Corporate Taxation and the International Challenge

DEFF Research Database (Denmark)

Schmidt, Peter Koerver

2014-01-01

It is argued that the higher degree of economic integration across borders and the international trend towards a reduction of corporate income tax rates have had a significant impact on the Danish corporate tax regime in recent years. Accordingly, during the last ten years the Danish statutory...... corporate tax rate has been lowered further, while several government actions at the same time have been taken in order to combat international tax avoidance and evasion. As a result, new anti-avoidance provisions have been introduced and some of the older anti-avoidance provisions have been tightened...... party debt financing, transfer pricing and the effectiveness of anti-avoidance measures. However, the article concludes that these anti-avoidance provisions often suffer from being quite complex, very broad in scope and open to criticism from an EU law perspective....

26 CFR 1.6062-1 - Signing of returns, statements, and other documents made by corporations.

Science.gov (United States)

2010-04-01

..., assistant treasurer, chief accounting officer, or any other officer duly authorized to sign such returns. It is not necessary that the corporate seal be affixed to the return. Spaces provided on return forms for affixing the corporate seal are for the convenience of corporations required by charter, or by law...

Do Data Breach Disclosure Laws Reduce Identity Theft?

Science.gov (United States)

Romanosky, Sasha; Telang, Rahul; Acquisti, Alessandro

2011-01-01

In the United States, identity theft resulted in corporate and consumer losses of $56 billion dollars in 2005, with up to 35 percent of known identity thefts caused by corporate data breaches. Many states have responded by adopting data breach disclosure laws that require firms to notify consumers if their personal information has been lost or…

Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2005-01-01

In this section authors from various European countries report the recent case law in their jurisdiction in 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 ERPL started this section in 2003....... the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section....

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

Science.gov (United States)

Radlińska, Iwona; Kolwitz, Marcin

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

Mapping of Danish Law Related to Companies' Impact on Environment and Climate Change

DEFF Research Database (Denmark)

Buhmann, Karin; Østergaard, Kim; Feldthusen, Rasmus Kristian

for Danish law related to environment and climate change and CSR in a general sense, sources of law and jurisdiction specific issues, types of companies, shareholding structure etc. (section 1); the purpose of the company, duties and competence of the company organs, and corporate governance issues (section......This overview of Danish law related to companies’ conduct and impact on environment and climate change has been undertaken under the ‘Sustainable Companies’ project hosted at the Department of Private Law at the University of Oslo. The ‘mapping’ of national law – including in particular company law....... Environmental law has been seen under the project as essentially related to climate change. Some other issues related to sustainable development and company conduct have been addressed as well, in particular in relation to Corporate Social Responsibility (CSR). In the current paper, this particularly applies...

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

Directory of Open Access Journals (Sweden)

Grzegorz Zajac

2015-10-01

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

Direct liability of corporations and their personnel under CERCLA

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

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

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MARSZELEWSKI M

2015-03-01

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

7 CFR Exhibit A to Subpart A of... - Memorandum of Understanding Between Commodity Credit Corporation and Farmers Home Administration...

Science.gov (United States)

2010-01-01

... Corporation and Farmers Home Administration or its successor agency under Public Law 103-354 A Exhibit A to... Understanding Between Commodity Credit Corporation and Farmers Home Administration or its successor agency under Public Law 103-354 IT IS HEREBY AGREED by and between the Farmers Home Administration or its successor...

Transborder corporate integration in the Baltic Sea Region

Directory of Open Access Journals (Sweden)

Kuznetsov Alexei

2012-03-01

Full Text Available The paper examines flows of foreign direct investment within the Baltic region. The author demonstrates close investment ties among the EU members, which are of special importance for Estonia, Latvia and Lithuania. Transborder corporate integration in the region is characterized by significant imbalances. In many aspects, it can be viewed as Sweden’s economic expansion or development of domestic markets for northern European companies. Although many German, Polish and Russian companies are involved in corporate integration in the Baltic region, other vectors of their foreign economic relations are still more important for them. As a result, the integration of Russian business in the Baltic part of the European integration area is still rather weak despite Russia’s considerable foreign direct investment in the Baltic States.

The codification of directors’ duties: Capturing the essence of the corporate opportunity doctrine

Directory of Open Access Journals (Sweden)

John Lowry

2006-07-01

Full Text Available It is suggested in the paper that section 176 is too compendious in its drafting. A consequence of this is that the declared objectives of the CLR to make the law comprehensible and, therefore, accessible is undermined. It fails to capture the essence of the principles that have emerged from the case law on the no-conflicts rule and the corporate opportunity. Further, the differing approaches towards the determination of liability by the Court of Appeal in Bhullar, on the one hand, and the more open textured approach towards the issue in Pyke, illustrates the dichotomy of the case law surrounding the corporate opportunity doctrine which the language of section 176 fails to resolve.

12 CFR 1710.19 - Compliance and risk management programs; compliance with other laws.

Science.gov (United States)

2010-01-01

... OVERSIGHT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAFETY AND SOUNDNESS CORPORATE GOVERNANCE Corporate Practices and Procedures § 1710.19 Compliance and risk management programs; compliance with other laws. (a...

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

Directory of Open Access Journals (Sweden)

Gabriela GOUDENHOOFT

2011-05-01

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

European investment projects in third countries: Legally green?

NARCIS (Netherlands)

D.N. Ratsiborinskaya (Daria)

2012-01-01

textabstractThis article provides an overview of the corporate self-regulation by five European-based multilateral financial institutions where European environmental acquis is applied in investment projects in the third countries. Academic research on environmental standards suffers from a certain

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

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

Energy Technology Data Exchange (ETDEWEB)

Proefrock, M.C.

2007-07-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Becker, Bernd

2009-07-01

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

Contract theory and EU Contract Law

NARCIS (Netherlands)

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

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

Overview of corporate governance in Ethiopia: The role, composition ...

African Journals Online (AJOL)

PROMOTING ACCESS TO AFRICAN RESEARCH ... Good corporate governance is an important pillar of the market economy and it enhances investor confidence. ... The Ethiopian company law does not have adequate legislative provisions ...

New Perspectives on Corporate Reporting: Social-Economic and Environmental Information

Directory of Open Access Journals (Sweden)

Camelia Iuliana Lungu

2007-11-01

Full Text Available In recent times the demand for disclosure of listed companies has dramatically increased and the failures of large companies listed on the most important stock exchanges have placed extra pressure on listed companies and standard setters for the increase in the quality of corporate reporting (Beretta, Bozzolan, 2004, pp. 303-305. Our research aims the participation to the professional judgment construction through conducting a survey of existing studies on corporate socio-economic and environmental disclosure. We focus on fundamental research which is related to inductive accounting theory and uses scientific methods for identification of corporate reporting theoretical and practical difficulties in European and international economic entities. To accomplish our objective, we take into consideration the studies on socio-economic and environmental reporting, already conducted at European and international level, the financial reporting experience and the Romanian experience on this area. We analyze the status of development in corporate reporting and environmental reporting standards and focus on the issues requested and their implications. Also, the paper allows new approaches regarding quality information reporting and its implementation into entities financial statements, ensuring premises for future research.

The European Model Company Act

DEFF Research Database (Denmark)

Cleff, Evelyne Beatrix

2011-01-01

European Company Law regulation is currently undergoing a reform. These reforms raise a number of regulatory questions, such as what should be the aims of companies' legislation, and how these aims should best be met by regulation. Many of the reforms and discussions (both on EU and national level...... an increasing influence on the framing of company legislation, such as the choice between mandatory or default rules. This article introduces the project 'European Company Law and the choice of Regulatory Method' which is carried out in collaboration with the 'European Model Company Act Group'. The project aims...

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

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

Role of the Directive no. 36/2013 and Regulation no. 575/2013 in the Evolution of Corporate Social Responsibility

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Potincu C. R

2014-12-01

Full Text Available Over the recent period, one can see the development of the legislation – at both European and national level – corresponding to the enactment of corporate social responsibility in varied special fields. In this paper, we have analyzed the RSC-enactment legislation in the banking field, recently adopted at the level of the European Union. These European normative acts are the most recent part of the evolution of corporate social responsibility.

Law(yers) congealing capitalism: on the (im)possibility of restraining business in conflict through international criminal law

OpenAIRE

Baars, G.

2012-01-01

The theme of ‘business in conflict’ has become a ‘hot topic’ and the subject of many academic and policy publications. The trend in this literature is to conclude that ‘corporations have (or should have) obligations under international human rights and humanitarian law’ and that ‘corporations must be held to account’ through law, for example for ‘complicity in international crimes’. With this thesis, I aim to present a counterpoint to this literature. Employing dialectics as...

Corporal punishment and child maltreatment in New Zealand.

Science.gov (United States)

Kelly, Patrick

2011-01-01

On 2 May, 2007, the New Zealand Parliament passed a law repealing Section 59 of the Crimes Act. In so doing, New Zealand became the first English-speaking nation in the world to make corporal punishment of a child illegal. The passage of this legislation was surrounded by intense and persistent public debate, and supporters of corporal punishment continue to advocate against the law change to the present day. In Sweden, where the first stage of similar repeal took place in 1957, it may be difficult for many to understand the strength of the public opposition to this change in New Zealand. This article will present a viewpoint on the evolution of the debate in New Zealand, review the wider context of child maltreatment and family violence in New Zealand and summarize a range of attempts to prevent or intervene effectively in the cycle of dysfunction. Child maltreatment and family violence are public health issues of great importance, and a stain on all societies. While corporal punishment may be a significant contributing factor, there is no single 'solution'. Change must occur on multiple levels (political, economic, cultural, familial and professional) before the tide will turn.

THE CORPORATE GOVERNANCE IMPACT ON BANKING PERFORMANCE INCREASE

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Mariana G. BUNEA

2013-12-01

Full Text Available The Gradual collapse of financial markets in the European Union since the fall of 2008 and economic crises at the credits portfolio level that followed, were generated by the several factors, often interdependent, both macroeconomic and microeconomic level, finally leading to the accumulation of excessive risk in the financial system. This excessive risk was partially caused by the deficiencies in Corporate Governance of the Financial Institutions and the especially banks deficiencies. Even if we can’t put down to the Corporate Governance crisis started, yet nonexistent or inadequacy of effective control mechanisms have determined to the excessive risk-taking by most credit institutions. This article aims to evaluate the application of Corporate Governance principles of the significant players within the Romanian banking system. The research methodology was based essentially on the technique of using the questionnaire, on Corporate Governance documents remarks published on the banks analyzed websites and on the using scoring methods in evaluating the application of Corporate Governance principles.

The competitiveness through taxes in the Central and Eastern European countries

Directory of Open Access Journals (Sweden)

Daniela Pîrvu

2009-05-01

Full Text Available In the last few years, many countries Central and Eastern European countrieshave reduced their corporate income tax rates with the purpose of attractingmultinational companies. Various studies indicate the fact that the level of the corporateincome tax represents an important advantage that drives the decisions to place foreigndirect investments. Many European Union member states have initiated corporateincome tax reforms, in order to generate the increase in the competitiveness of nationaleconomies. In the case of the Central and Eastern European countries, where thedecrease in the corporate income taxes was higher, these reforms brought profoundchanges in the economic environment.

CORPORATE CULTURE AND COMPETITION

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ROGOJANU Angela

2009-12-01

Full Text Available Culture is one of those terms that are difficult to express distinctly, but everyone knows it when they sense it. Many articles have been written in recent years about corporate culture, which can be looked at as a system. Inputs include feedback from society, professions, laws, stories, heroes, values on competition or service, etc. Outputs are organizational behaviors, technologies, strategies, image, products, services, appearance, etc. Most organizations don't consciously try to create a certain culture, as it is typically created unconsciously, based on the values of the top management or the founders of an organization. In this paper we try to see whether corporate culture has any influence on competition and if it has, whether it is a positive one or a negative one.

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

OpenAIRE

D. Masciandaro; L. Dalla Pellegrina

2013-01-01

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

Challenging the Westphalian Order: Incorporating Armed Groups in Law-Making Under International Humanitarian Law

NARCIS (Netherlands)

Inigo Alvarez, L.

2017-01-01

In recent times, much of the focus has been placed on the incorporation of certain non-state actors, such as NGOs and transnational corporations, into different lawmaking processes, although the resulting rules are considered soft law. However, little attention has been paid to the possibility of

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

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