scholarly journals OVERVIEW OF LEGAL FRAMEWORK OF PUBLIC PRIVATE PARTNERSHIPS IN ALBANIA

2017 ◽  
Vol 5 ◽  
pp. 699-704
Author(s):  
Ermira Lleshi
Keyword(s):  
Legal Framework ◽  
Institutional Capacity ◽  
Public Private Partnerships ◽  
Transport Sector ◽  
The Political ◽  
Political Environment ◽  
Government Agencies ◽  
Potential Benefits ◽  
Eu Directives ◽  
The Eu

Albania has made positive steps in improving the legal framework of Public Private Partnerships (PPPs) and the political environment. The laws have encountered several amendments in the last 10 years, but there is still room for improvement. Albania has incorporated the EU directives and the UNCITRAL recommendations into PPPs legislation and we have to admit the effectiveness of the law 125/2013 “On concessions and public private partnership.” This paper aims to present a view of the actual legal and sublegal framework of PPPs in our country and to note the development of this sector in potential benefits for both sectors, private and public.Moreover, judicial quality has improved in Albania even though there is room for further improvement. Moreover, there has been noticed a strengthening of institutional capacity due to co-ordination of consultants and external advisers, but government agencies are at the early stages of developing PPPs. The political environment for PPPs is favourable, especially in the energy and transport sector. Further improvement is required in the transparency and fairness of procedures in practice.

scholarly journals NOxEmission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

2001 ◽  
Vol 1 ◽  
pp. 958-967
Author(s):  
Chris P.A. Dekkers
Keyword(s):  
Emission Trading ◽  
Legal Framework ◽  
European Context ◽  
Cultural Aspects ◽  
New Instrument ◽  
Other Substances ◽  
Eu Directives ◽  
Trading Scheme ◽  
Legislative Structure ◽  
The Eu

Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOXand other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOXand other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOXemission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

Vorinsolvenzlicher Restrukturierungsrahmen für Deutschland unter dem Einfluss der EU-Restrukturierungsrichtlinie

2022 ◽  
Author(s):  
Jan Singer
Keyword(s):  
Minimally Invasive ◽  
Evaluation Process ◽  
Cost Effective ◽  
Legal Framework ◽  
The Political ◽  
Political Pressure ◽  
Cost Effective Alternative ◽  
Insolvency Proceedings ◽  
First Time ◽  
The Eu

Under the political pressure of the COVID-19 pandemic, the German legislature implemented the EU Restructuring Directive at record speed with the StaRUG, thus creating for the first time a legal framework for corporate restructuring outside of insolvency proceedings. This study examines the highly topical transposition act in terms of its practical suitability and, on the basis of remaining regulatory gaps, develops an alternative doctrinal and structural approach that initiates further reform debates in the upcoming evaluation process. The author concludes that, de lege ferenda, German restructuring law should be enriched by a minimally invasive contractual framework that offers SMEs in particular a quick and cost-effective alternative.

scholarly journals The Biomethane Injection into the Natural Gas Networks: The EU’s Gas Synergy Path

2020 ◽  
Vol 57 (4) ◽  
pp. 34-50
Author(s):  
J. Savickis ◽  
L. Zemite ◽  
N. Zeltins ◽  
I. Bode ◽  
L. Jansons ◽  
...  
Keyword(s):  
Natural Gas ◽  
Chemical Properties ◽  
Energy Transition ◽  
Road Transport ◽  
Legal Framework ◽  
Transport Sector ◽  
The European Union ◽  
Gas Networks ◽  
The Road ◽  
The Eu

AbstractBiomethane is one of the most promising renewable gases (hereafter – RG) – a flexible and easily storable fuel, and, when used along with the natural gas in any mixing proportion, no adjustments on equipment designed to use natural gas are required. In regions where natural gas grids already exist, there is a system suitable for distribution of the biomethane as well. Moreover, improving energy efficiency and sustainability of the gas infrastructure, it can be used as total substitute for natural gas. Since it has the same chemical properties as natural gas, with methane content level greater than 96 %, biomethane is suitable both for heat and electricity generation, and the use in transport.Biomethane is injected into the natural gas networks of many Member States of the European Union (hereafter – the EU) on a regular basis for more than a decade, with the Netherlands, Germany, Austria, Sweden and France being among pioneers in this field. In most early cases, permission to inject biomethane into the natural gas grids came as part of a policy to decarbonize the road transport sector and was granted on a case-by-case basis. The intention to legally frame and standardise the EU’s biomethane injection into the natural gas networks came much later and was fulfilled in the second half of the present decade.This paper addresses the biomethane injection into the natural gas grids in some EU countries, highlights a few crucial aspects in this process, including but not limited to trends in standardisation and legal framework, injection conditions and pressure levels, as well as centralised biogas feedstock collection points and the biomethane injection facilities. In a wider context, the paper deals with the role of biomethane in the EU energy transition and further use of the existing natural gas networks.

scholarly journals ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS

2021 ◽  
Vol 7 (3) ◽  
pp. 56-64
Author(s):  
Ivan Horodyskyy ◽  
Andriy Borko ◽  
Mariia Sirotkina
Keyword(s):  
Stock Market ◽  
European Commission ◽  
Business Environment ◽  
Corporate Law ◽  
The Political ◽  
The Balkans ◽  
Eu Directives ◽  
The Law ◽  
European Standards ◽  
The Eu

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

scholarly journals The EU Air Transport Liberalization and Re-Regulation

2011 ◽  
Vol 11 (2) ◽  
pp. 7-42 ◽  
Author(s):  
Francesco Gaspari
Keyword(s):  
Legal Order ◽  
Legal Issues ◽  
International Organization ◽  
The Other ◽  
Air Transport ◽  
The Political ◽  
Global Approach ◽  
Transport Services ◽  
Potential Benefits ◽  
The Eu

Abstract Over the last decades, international air transport liberalization has steadily evolved. As a consequence, many initiatives all over the world have paved the way to enhance international air transport liberalization, and numerous models have been hypothesized for a new multilateral aviation regime to supplant bilateralism, which however, remains the primary vehicle for liberalizing international air transport services for most States. Th e present study aims at investigating the EU experience in the field of liberalization and re-regulation of air transport, taking into account the other approaches developed internationally, where relevant. Th e paper is divided into four sections. Aft er having introduced, in the first section, the different forms and venues of liberalization and regulation of international air transport, the process of Community liberalizations is analyzed, taking into account, on one side, the most recent air transport agreements in this field between the EU and third countries and, on the other side, the actual and potential benefits and drawbacks stemming from the implementation of these liberalization policies, which are still ongoing. In the last part of the paper, a new legal order in international air transport - stemming from the recent liberalization and re-regulation policies in the "Old Continent" - will be identified. In order to overcome the political and legal issues brought about by the liberalization and re-regulation of air transport worldwide, the paper concludes that stronger cooperation between international and regional actors must be implemented, and a global approach within a specialized international organization should be enhanced.

scholarly journals EU Directives Implementation to Solve the Issue of Atmospheric Pollution With Nitrogen in Ukraine

2018 ◽  
Keyword(s):  
Air Quality ◽  
Ecosystem Approach ◽  
Nitrogen Pressure ◽  
Legal Framework ◽  
Biogeochemical Cycles ◽  
Centralized Control ◽  
Association Agreement ◽  
Atmospheric Air ◽  
Eu Directives ◽  
The Eu

Purpose. Analysis of the EU legislative requirements to resolve the issue of nitrogen pressure on the atmospheric air considering the implementation of the respective EU Directives in Ukraine according to the EU Association Agreement. Results. Legal environment of Ukraine and the EU governing documents on atmospheric air quality, it's monitoring, control of emissions, an introduction of preventive measures in respect of nitrogen-containing compounds have been reviewed. Drawbacks of the respective current EU legislative framework have been analysed. It has been shown that implementation of the analysed Directives in Ukraine is hampered as no active measures are taken to harmonize current and adoption of the new required legislation. Analysis of the state of the National legal framework on the matter of nitrogen load has shown that it practically does not exist in Ukraine now. To effectively implement in Ukraine the EU Directives regulating the requirements to atmospheric air quality, first of all, respective national legislation should be elaborated and a practically new comprehensive system to objectively control and monitor the content of nitrogen and other compounds in the atmospheric air and emissions from the main sources should be developed. It has been proposed to organize workshops for farmers, representatives of industry and the population to raise awareness about the ways to bring down nitrogen load on the ecosystems and to avoid the aggravation of the situation in the near future. It is shown that in order to successfully implement the current EU guiding documents and plan the realistic actions, the ecosystem approach should be used taking into account the features of biogeochemical cycles of nitrogen in various ecosystems. Special inter-departmental Agency comprising representatives of various Ministries and leading scientists shall be established for mandatory centralized control. Conclusions. Roadmaps for enforcement of all the EU Directives determining the requirements for the system of monitoring and assessment of atmospheric air quality and nitrogen compounds emissions into the atmosphere from different sources, first of all, from agrarian sector, transport and power industry should be developed. Ukraine has a potential chance to avoid the mistakes made by the EU and realize implementation considering modern knowledge about peculiarities on nitrogen biogeochemical cycles in different ecosystems.

scholarly journals Biofuels in transport sector of Latvia: experience, current status and barriers

2014 ◽  
Vol 51 (1) ◽  
pp. 32-43
Author(s):  
R. Smigins ◽  
P. Shipkovs
Keyword(s):  
European Union ◽  
Biofuel Production ◽  
Current Status ◽  
Transport Sector ◽  
The European Union ◽  
Barriers To Implementation ◽  
Eu Directives ◽  
The Eu

Abstract During the last 10 years biofuel production and utilization in the European Union have become more extensive owing to support provided by the relevant EU Directives. Achievement of the main targets defined by Directives was not simple, being confronted with various barriers. Latvia is one of the EU member-countries that have set an ambitious goal as to the production of biofuel and its use in transport. The authors summarize the major achievements of the country in this area and analyze the main barriers to implementation of biofuels in the transport sector, providing an outlook on the current status of the bioenergy and the transport situation in Latvia.

scholarly journals Abatement Strategies and the Cost of Environmental Regulation: Emission Standards on the European Car Market

2020 ◽  
Author(s):  
Mathias Reynaert
Keyword(s):  
Technology Adoption ◽  
Structural Model ◽  
The Political ◽  
Political Environment ◽  
Emission Standard ◽  
Emission Target ◽  
Car Market ◽  
Emission Standards ◽  
The Cost ◽  
The Eu

Abstract This article studies the introduction of an EU-wide emission standard on the automobile market. Using panel data from 1998 to 2011, I find that firms decreased emission ratings by 14%. Firms use technology adoption and gaming of emission tests to decrease emissions, rather than shifting the sales mix or downsizing. I find that the standard missed its emission target, and from estimating a structural model, I find that the standard was not welfare improving. The political environment in the EU shaped the design and weak enforcement and resulted in firms’ choices for abatement by technology adoption and gaming.

scholarly journals The European Union’s Activity in Regard to the Conflict in Ukraine Before the 2014 Presidential Election

2016 ◽  
Vol 18 (2) ◽  
pp. 63-86
Author(s):  
Michał Rulski
Keyword(s):  
European Union ◽  
Presidential Election ◽  
Policy Instruments ◽  
The Political ◽  
Political Environment ◽  
The European Union ◽  
Association Agreement ◽  
European Neighborhood Policy ◽  
Ukrainian Crisis ◽  
The Eu

Ukraine is the largest country that is included in European Neighborhood Policy. That is why the European Union should spotlight relations with this eastern partner, especially by foreign policy instruments like association agreement. The focus here is on the EU’s involvement in the Ukrainian crisis in period from Maidan revolution at the end of 2013, which was occasioned by the rejection of the association agreement with the EU by President Viktor Yanukovych, and to the presidential election in 2014. The main issue is to evaluate the EU’s scope to stabilize the political environment in the nearby neighborhood and eliminate threats, which are the results of war between Ukraine and Russia.

scholarly journals Transposition of the 2014 European Directives on public procurement by Spain

2018 ◽  
Vol 1 (1) ◽  
pp. 24-32
Author(s):  
Jaime Pintos Santiago
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
European Directives ◽  
Spanish Law ◽  
Eu Directives ◽  
Public Contracts ◽  
The Eu

The major changes introduced by the new Spanish Law 9/2017 transposing the EU Directives of 2014 to the Spanish legal framework are discussed in this paper as well as major challenges due to their new law. Special attention is given to the adoption of mandatory e-procurement, including e-tendering, to all public contracts.

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