scholarly journals Cybercrime: Towards a Research Agenda

2018 ◽  
Author(s):  
TJ McIntyre
Keyword(s):  
European Union ◽  
Research Agenda ◽  
Legal Framework ◽  
Mandatory Reporting ◽  
International Standards ◽  
Council Of Europe ◽  
European Union Law ◽  
Online Behaviour ◽  
Management Issues

This chapter sets out to take stock of our knowledge on cybercrime in Ireland. How prevalent is it? How is it policed, and by whom? Are Garda resources for tackling cybercrime sufficient? What are the substantive laws criminalising online behaviour? Do these meet international standards?It provides an overview of the domestic situation against the background of the international legal framework. It addresses the prevalence of cybercrime in Ireland and the policing response, looking in particular at resource and management issues within the Garda Síochána. It then outlines the legislation criminalising cybercrime, assessing whether that legislation meets the requirements of European Union law and the Council of Europe Convention on Cybercrime. It concludes by describing the growth of mandatory reporting in this area and the effect which this may have on research into cybercrime.

scholarly journals Towards a hierarchy of consumption behaviour in the circular economy

2019 ◽  
Vol 26 (3) ◽  
pp. 394-420 ◽  
Author(s):  
Eléonore Maitre-Ekern ◽  
Carl Dalhammar
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Legal Framework ◽  
Consumption Patterns ◽  
European Union Law ◽  
Consumer Law ◽  
Consumption Behaviour ◽  
Single Use

In their roles as purchasers, users and dischargers of used products, consumers play an important role in the circular economy. In this article, we put forward a ‘hierarchy of consumption behaviour’ to support European Union policymaking. Among the priorities are avoiding the purchase of single-use and unnecessary products, prolonging the lifetime of products through maintenance and engaging in repair activities. Moreover, the hierarchy intends to privilege sharing and leasing to buying and second-hand products to new ones. Finally, consumption in the circular economy also requires allowing products to re-circulate. Changing consumption patterns is difficult insofar as they are largely determined by the paradigm upon which our economy is built and are enabled by the existing legal framework, most notably European Union consumer law. The article contains concrete recommendations to develop European Union law and promote the proposed hierarchy.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals The European Union market from the aspect of the competition and basic values of Roman law

2020 ◽  
Vol 37 (4) ◽  
pp. 65-75
Author(s):  
Milica Stojković
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Economic Life ◽  
Roman Law ◽  
The European Union ◽  
European Union Law ◽  
Positive Effects ◽  
The Rich ◽  
Business Entities ◽  
Social Wealth

The rich treasury of Roman law requires a continuous scientific research. The values of Roman law in the process of globalization are achieving the notable results in the creation of a new ius commune. Today, the logistical aspect of the European legal systems takes place in the domain of Roman law, and some of its values are recognizable in the course of economic life on the market within the encounter of the national and European Union Law. The methodological and institutionalized framework of the competition law is used to achieve positive effects in the single market, paving the way for the even distribution of social wealth. The market cannot neutralize the behavior of business entities using the competition to achieve extra profits. So, detecting and placing all possible forms of embezzlement used by business entities under the legal framework is a difficult task dealt with by competition policy entities, largely using the legal institutes of Roman law.

Participation, Citizenship and Transfrontier Exchanges – Engaging International Bodies in 2015

2017 ◽  
Vol 14 (1) ◽  
pp. 120-153
Author(s):  
Sarah Stephan
Keyword(s):  
European Union ◽  
United Nations ◽  
International Standards ◽  
The European Union ◽  
Council Of Europe ◽  
The United Nations

This chapter shall focus broadly on the most relevant international developments with a thematic focus on participation, citizenship and transfrontier exchanges in 2015, covering the activities of those international bodies seized to promote relevant international standards and to monitor progress under the auspices the United Nations, the Organization for Security and Cooperation in Europe, the Council of Europe and the European Union respectively. The temporal scope of this chapter includes activities that either took place in or were first documented in 2015. The chapter aims to capture key developments and trends.

Cooperatives in Ukraine: Applicative Peculiarities of Legal Integration up to the EU Standards

2019 ◽  
Vol 9 (5) ◽  
pp. 1789
Author(s):  
Valentyna A. VASYLIEVA ◽  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
The European Union ◽  
European Union Law ◽  
Social Nature ◽  
The Social ◽  
Market Relations ◽  
The Eu

The article deals with the peculiarities of the processes of adaptation of the legal regulation of cooperatives in post-socialist states (as exemplified by Ukraine) to the requirements of the European Union. Such features are formed taking into account historical, social and economic prerequisites of the development of the modern legal framework of Ukraine. Authors are focused on problems of pecuniary autonomy of cooperatives; the possibility of its full-fledged activities as the parties to market relations; implementation of legal mechanisms that can increase competitive advantage of cooperatives in present-day conditions; increase the level of security and protection of rights and interests of cooperative members. It is proved that the effective entrepreneurial activity of the cooperative is rather compatible with the social nature of the latter, moreover – it contributes to the implementation of such a nature. Behind the arguments in favor of such an approach there is the principle declared in the practices of the European Union law – the focus of cooperatives on the affirmation of the interests of its members.

Present and Future Relations between the ECJ and the ECtHR

ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Relationship

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.

scholarly journals Jurisdiction and applicable law to contracts for the sale of goods and the provision of services including the carriage of goods by sea and other means of transport in the European Union = Jurisdicción y derecho aplicable a los contratos de compraventa de mercaderías y de prestación de servicios incluyendo el transporte de mercancías por vía marítima y otros medios de transporte en la Unión Europea

2019 ◽  
Vol 11 (2) ◽  
pp. 58
Author(s):  
Jonatan Echebarría Fernández
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
European Union Law ◽  
Applicable Law ◽  
Contractual Obligation ◽  
National Courts ◽  
Court Of Justice ◽  
Provision Of Services ◽  
Para Determinar

Abstract: The article analyses the jurisdiction and applicable law to contracts for the sale of godos and the provision of services in the European Union. It particularly focuses on contracts that subsume different categories of contracts, such as the carriage of goods by sea, in a contract for the sale of godos and the provision of services. The European Union law and the interpretation provided by the Court of Justice of the European Union shed light into the place of performance of the contract in order to set jurisdiction for national courts. This is explained through the current legal framework and the case law in order to ascertain where and under what legal regime the claimant may start proceedings for the breach of a contractual obligation or in case of a non-contractual claim.Keywords: provision of services, sale of goods, carriage of goods by sea and other means of transport, Court of Justice of the European Union, contractual actions, place of performance of the contractual obligation, non-contractual actions, applicable law, game theory, contractual efficiency.Resumen: El artículo analiza la jurisdicción y la ley aplicable a los contratos para la venta de bienes y la prestación de servicios en la Unión Europea. En particular, se centra en los contratos que subsumen diferentes categorías de contratos, tales como el transporte de mercancías por mar, en un contrato de venta de mercaderías o de prestación de servicios. El Derecho de la Unión Europea y la interpretación dada por el Tribunal de Justicia de la Unión Europea arrojan luz sobre el lugar de cumplimiento del contrato con el fin de establecer el tribunal nacional competente. Esto se explica a través del marco legal actual y casos para determinar dónde y bajo qué régimen legal el demandante puede interponer una demanda por incumplimiento de una obligación contractual o en caso de una reclamación extracontractual.Palabras clave: prestación de servicios, compraventa de mercaderías, transporte de mercancías por vía marítima y otros medios de transporte, Tribunal de Justicia de la Unión Europea, acciones contractuales, lugar de ejecución de la obligación contractual, acciones extracontractuales, derecho aplicable, teoría de juegos, eficiencia contractual.

scholarly journals BREXIT AND THE IMPLICATIONS FOR TACIT CHOICE OF LAW IN THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Garth Bouwers
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
European Union Law ◽  
Choice Of Law ◽  
Applicable Law ◽  
The United Kingdom

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).

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