A Case Study: Joined Cases T-122/07 to T-124/07 Siemens AG Osterreich & Ors. V European Commission

2012 ◽  
Author(s):  
Justin Pierce
Keyword(s):  
European Commission

scholarly journals Member States’ social security agreements with India

2018 ◽  
Vol 20 (2) ◽  
pp. 173-187
Author(s):  
Pauline Melin
Keyword(s):  
Social Security ◽  
European Commission ◽  
Current Approach ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Bilateral Agreements ◽  
Country Case Study ◽  
The Eu

In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.

scholarly journals Giving Dracula the Keys to the Blood bank? Interrogating the Fifth Crown Casino Licensing Regulatory Review

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Linda Hancock
Keyword(s):  
European Commission ◽  
Narrative Analysis ◽  
Conflicts Of Interest ◽  
Code Of Conduct ◽  
Responsible Gambling ◽  
Blood Bank ◽  
Regulatory Review ◽  
Policy Priority ◽  
Recent Policy

Drawing on narrative analysis, this paper analyses the 2013 Fifth Regulatory Review of the license of an Australian casino as a case study focused on the framing and articulation of ‘responsible gambling’ (RG) in the Review. Part 1 sets out the policy and regulatory context for the licensing review of Melbourne’s Crown Casino. Part 2 overviews the structure/content of the Review; the key messages of the Reviewers’ narrative and its main recommendations. In reflecting on the Review in Part 3, analysis focuses on the investigation and recommendations regarding Responsible Gambling, which has gained recent policy priority. The analysis interrogates the Review’s findings, narratives, processes and evidentiary base in relation to how it presents and assesses casino performance on RG. In doing so, it focuses on the Victorian Commission for Gambling and Liquor Regulation’s Review’s framing of RG; sources of evidence drawn on by the Review; an assessment of the casino’s loyalty club feature ‘Play Safe’, as an RG measure; the Review’s assessment of casino performance on RG and its Code of Conduct in particular; and the Review’s framing of RG recommendations. It concludes with reflections on governance issues raised by the Review, the need for more focus on the neglected area of regulatory licensing and enforcement (OECD, 2011; 2012; OECD & European Commission, 2009) and the need for independent regulatory reviews that address conflicts of interest on the part of both Government and the Regulator.

Organizing ODIN: a case study in European academic co-operation

1999 ◽  
Vol 14 (3) ◽  
pp. 177-181 ◽  
Author(s):  
C. Dowrick ◽  
J.L. Vázquez-Barquero ◽  
G. Wilkinson ◽  
C. Wilkinson ◽  
V. Lehtinen ◽  
...  
Keyword(s):  
European Commission ◽  
International Research ◽  
Communication Systems ◽  
Electronic Communication ◽  
Research Projects ◽  
International Network ◽  
Collaborative Groups ◽  
Principal Investigators ◽  
Set Up

SummaryThe European Commission is an increasingly important source of funding for international research projects and is due to announce its Framework 5 program early in 1999. The Outcomes of Depression International Network (ODIN), funded from the current EC Biomed 2 program, is a case study in European academic co-operation. Its organization has three key elements. First, engaging the principal investigators: this has involved identifying potential partners, ensuring reciprocity of interests, effective co-ordination, `dividing the spoils' in advance, and setting up good personal and electronic communication systems. Second, an esprit de corps has been created amongst the researchers, maintaining contact and consistency, and promoting higher degrees. Third, ongoing problems including difficulties in negotiations with the EC, divergence of detailed study methods, and isolation and demoralization amongst researchers, have been addressed. ODIN may provide a useful model for researchers wishing to set up international collaborative groups.

the european commission and the law-making process: compromise as a category of praxis

2005 ◽  
Vol 1 (2) ◽  
pp. 155-182 ◽  
Author(s):  
katerina sideri
Keyword(s):  
European Commission ◽  
Practical Wisdom ◽  
Cognitive Schema ◽  
Social Settings ◽  
The Law ◽  
Mental Schemas ◽  
Shared Understandings ◽  
Legal Measure ◽  
Law Making

understanding law-making requires coming to grips with cognitive schemas, practical wisdom of agents involved in the production of law, as agents may interpret or apply the law according to socially accepted mental schemas developed as a result of socialisation in families, schools, universities and other social settings or in the course of exchange in professional settings. a case study on the conduct of officials of the european commission seeks to illustrate this point. this looks at tacit understandings regulating the conduct of officials of the european commission, engaging in the production of a legal proposal or in the implementation of a legal measure. such interaction may be successful, or less successful, depending on how contentious a legal file is, but is underlined by certain understandings, particular norms of conduct, as to how things are get done. in uncovering shared understandings, the article looks at modes of co-operation in working parties and shared files, promotion procedures, mobility, and how reputation is valued and acquired. the thesis advanced is of important cognitive schema, anthropological category of praxis, regulating the law-making process inside the european commission is compromise.

scholarly journals Spain and the European Green Energy Deal: A Case Study of the Patterns of Action That Are Both Enabled and Constrained by the Evolution of European and Spanish Legislation

2021 ◽  
Author(s):  
Sergio García Magariño ◽  
Unai Belintxon Martin
Keyword(s):  
European Commission ◽  
Green Energy ◽  
Added Value ◽  
Development Models ◽  
Local Sustainability ◽  
Spanish Legislation

The paper will examine in detail (a) the norms that can be featured under the category "Green Deal" connected to the European Commission, (b) their application to Spain and (c) the different patterns of action and development models that have been shaped by this framework over the last 20 years. These patterns are particularly relevant currently, as the Covid crisis has highlighted the importance of advancing towards new patterns of local sustainability endowed with higher resilience. The notion of cognitive sustainability will be one of the added value to current reflections on sustainability in general and energetic sustainability in particular.

scholarly journals European Union’s Fiscal Rules and New Financial Instruments for 2021- 2017: Bulgaria’s Case Study

2021 ◽  
Vol 1 (1) ◽  
pp. 26-35
Keyword(s):  
European Commission ◽  
Fiscal Rules ◽  
Financial Instruments ◽  
The European Union ◽  
Economic Cycle ◽  
Member States ◽  
Growth Pact ◽  
The Stability ◽  
The Eu

Fiscal policymaking of the Member States aims to follow fiscal rules through the economic cycle that ensure macroeconomic sustainability in the European Union (EU). After the 2008 global crisis, the Stability and Growth Pact introduced the enhanced supranational fiscal rules, setting additional boundaries to fiscal deficits and government debt. The new ceiling on the structural deficit in public finance laws of Member States has served to protect creditworthiness. The COVID-19 pandemic, which led to a temporary suspension of the fiscal rules, clearly indicates that the key challenges are to implement a countercyclical policy during upturns, building buffers for bad days. Under the Next Generation Europe’s initiative the European Commission (EC) will borrow up to €750 billion and distribute it over 2021-2024 to Member States (European Commission, 2020a). Raising funds in the EU budget and repayment of the EC debt may lead to amendments to the design and application of the EU fiscal rules. This paper lays out the objectives of the EU current fiscal framework and its main pillars, discusses how the EC new financial instruments for the period 2021-2027 will be accounted for in the Member States’ fiscal framework, and what are its possible changes and challenges after Covid-19 and Brexit.

scholarly journals Profiling Phorm: an autopoietic approach to the audience-as-commodity

2010 ◽  
Vol 8 (3) ◽  
pp. 310-322 ◽  
Author(s):  
Andrew McStay
Keyword(s):  
European Commission ◽  
Policy Maker ◽  
Online Advertising ◽  
Deep Packet Inspection ◽  
Careful Attention ◽  
National Media ◽  
Key Features ◽  
Packet Inspection ◽  
The Uk

As online advertising moves to the centre-stage of advertisers’ media spend, now surpassing television and press in the UK, it is argued here that critique of advertising practice should pay more careful attention to systems of feedback-oriented production and data-based audience management and creation. This paper thus progresses and updates Dallas Smythe’s (1977) audience-as-commodity argument by examining developments in online behavioural advertising, particularly in regards to the potential for advertising facilitated by deep-packet inspection (DPI) that has caused consternation to technologically savvy consumers, privacy activists and the European Commission. Utilising the case study of Phorm that received national media attention in the UK and policy-maker attention in Europe, this paper highlights key features of DPI-based advertising, non-personally identifiable profiling and their implications for contemporary commercial autopoietic feedback relationships.

scholarly journals The Hungarian Experiences with Handling Irregularities in the Use of EU Funds

2019 ◽  
Vol 12 (1) ◽  
pp. 113-134 ◽  
Author(s):  
Györgyi Nyikos ◽  
Zsuzsanna Kondor
Keyword(s):  
European Commission ◽  
Financial Management ◽  
Member States ◽  
Complex Process ◽  
Domestic Legislation ◽  
Hungarian Case ◽  
Recovery Management ◽  
Management Functions ◽  
Full Consideration

AbstractUsing European Union funds involves a complex process; Member States must adhere to wide-ranging EU and domestic legislation, non-compliance can lead to irregularities. Besides accordance with the letter of the law, also the general EU budgetary principles, in particular sound financial management, must be given full consideration. The paper presents Hungary’s evolving approach to handling irregularities and her experience in creating the corresponding legal and institutional framework. The research also assesses how the perspective of the European Commission, in particular of its auditors, has contributed to legal uncertainties.In the draft legislation for the 2021 – 2027 budgetary period, the European Commission proposes a new requirement, namely the rule of law conditionality.3 Its clarity and objectivity, however, are still being widely discussed. Additionally, cohesion policy conditionalities have always contained an obligation for the proper functioning of the institutions – including the courts. Nonetheless, the European Commission has not previously examined the performance of the courts in relation to proceeding irregularity and recovery disputes. The presented Hungarian case study not only explains the particular challenges that call for revisiting the appeal system in Hungary; it warns of the general difficulties Member States may face when embedding the irregularity and recovery management functions into their national legislation, whereas the paper also gives notice to the long-awaited analysis of the root problems invoking irregularities.

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