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.

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.

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.

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).

Legal aspects of airport slot allocation: a challenge for the European Union

2020 ◽  
Vol 130 ◽  
pp. 19-27
Author(s):  
Michał Lutek
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Slot Allocation ◽  
European Union Law ◽  
Commercial Aviation ◽  
Contemporary Reality ◽  
The Impact ◽  
Air Carriers

With the increase in the number of operations performed at airports in European Union countries, the problem of allocation of airport slots is becoming more apparent. Legal regulations in this respect were adopted over two decades ago, which means that they are not suitable for the contemporary reality of commercial aviation, which has undergone a huge change during the indicated period. This article aims to analyze the current legal framework for the allocation of slots at the level of international law, with particular emphasis on the European Union law. The main reasons affecting the urgent need to amend the provisions in the presented scope will be discussed. These issues include, for example, the problem of slot trading between air carriers. Also, the impact of the EU response to COVID-19 epidemic on the air carrier’s situation in relation to slots will be outlined. Selected examples illustrating difficulties in applying EU rules will also be analyzed in detail. The summary will be followed by an indication of key de lege ferenda postulates in the discussed area.

scholarly journals The Kazakhstan-European Union Partnership: Modernization of the Republic’s Financial System

2016 ◽  
Vol 7 (4) ◽  
pp. 229-241
Author(s):  
Jarosław Marczak ◽  
Natalya Uvarova
Keyword(s):  
European Union ◽  
Financial System ◽  
Legal Framework ◽  
International Standards ◽  
Financial Policy ◽  
The European Union ◽  
Cooperation Agreement ◽  
Scientific Methods ◽  
European Regulations ◽  
Business Entities

Abstract This study examines the issue of the modernization of the Kazakh financial system considering the new, Enhanced Partnership and Cooperation Agreement with the European Union (EU) (January 19, 2015) and the Kazakh State program “Path to Europe, 2009–2011”. It describes new opportunities for the establishment of a long-term partnership and cooperation between Kazakhstan and the EU for the restructuring of Kazakhstan’s financial system and its convergence with international standards and European regulations. Specifically, this study covers the financial policy and the objectives of the Republic’s financial sector management; legislation regulating the financing activity of business entities, particularly its transparency and accessibility to foreign investors; contradictions between the legal framework of the state on financial relations and international standards, European directives, conventions, and recommendations; and the security of financing activities of European companies. This study employs general scientific methods (theoretical analysis and generalization, comparative legal, logical, etc.) and the functional approach.

scholarly journals КЉУЧНЕ УСТАВНЕ ПРЕПРЕКЕ ЧЛАНСТВУ СРБИЈЕ У ЕВРОПСКОЈ УНИЈИ

TEME ◽  
2018 ◽  
pp. 935
Author(s):  
Vladimir Džamić ◽  
Žaklina Spalević
Keyword(s):  
European Union ◽  
Political System ◽  
Legal Framework ◽  
Democratic Consolidation ◽  
The Political ◽  
The European Union ◽  
European Union Law ◽  
Consolidation Process ◽  
Parliamentary System ◽  
Judicial Authority

In this paper, the authors deal with the analysis of the essential obstacles to the accession of Serbia to the European Union and to the successful finalization of the accession negotiations, in terms of the existing constitutional and legal framework. Unlike other studies in this field, the authors analyse the formal and material obstacles that relate not solely to the technical amendments to the Constitution, such as inserting the integrative clause or adopting the European Union Law, but to the changes that they consider essential, such as the redefining of the political system and, consequently, the successful finalization of the democratic consolidation process in Serbia. The authors analyse the relation between the constitutional revision and the negotiation Chapter 35, which deals with the negotiations between Belgrade and Priština within the Brussels Agreement. In a separate chapter, the authors analyse the specific possibilities for the improvement of the political system in Serbia, through the strengthening of the free parliamentary mandate and the strengthening of the parliamentary system, but also through the change in the manner of electing judges and prosecutors, as well as through the strengthening of the independence of the judicial authority.

scholarly journals ‘Baby, it’s cold outside ...’ – A Comparative and Economic Analysis of Freeze-outs of Minority Shareholders

2018 ◽  
Vol 15 (1) ◽  
pp. 148-196
Author(s):  
Tom Vos
Keyword(s):  
United States ◽  
European Union ◽  
Law And Economics ◽  
The United States ◽  
Legal Framework ◽  
The European Union ◽  
Minority Shareholders ◽  
European Union Law ◽  
Free Rider Problem ◽  
A Company

Because minority shareholders can be a nuisance for a company, a majority shareholder may want to freeze them out. In general, the approach in the United States towards freeze-outs is more flexible than in the European Union. Law and economics scholarship suggests that a flexible regime for freeze-outs may be beneficial for society, as it addresses a free rider problem and a holdout problem in the market for corporate control. However, these insights are rarely integrated into European legal scholarship. This article endeavours to determine what constitutes an efficient legal framework on freeze-outs through a comparative law and economics approach. First, the legal regime on freeze-outs in the United States is compared with the regime of the Takeover Directive in the European Union and with Dutch law. Then, these legal systems are evaluated on their efficiency. Finally, some suggestions of reform are made for the European Union.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Characteristics of international business development between ukraine and poland

2019 ◽  
pp. 28-35
Author(s):  
Viktoriia Makhovka ◽  
Olha Nesterenko
Keyword(s):  
European Union ◽  
Small Business ◽  
International Business ◽  
Legal Framework ◽  
Strategic Partnership ◽  
Economic Systems ◽  
The European Union ◽  
Doing Business ◽  
Modern Development ◽  
Trade And Investment

The essence of international business, its active development and expansion, that influence the integration of economic systems and intensification of business relations between countries, are considered. The attention is paid to the international market of the European Union, first of all to Polish-Ukrainian cooperation due to the modern development of international business. The importance of the development of trade and business between Ukraine and Poland is determined, taking into account close relations in the field of economy, politics, culture and historical connections. The legal framework between Ukraine and Poland is substantiated, which ensures the proper development of bilateral cooperation at the level of strategic partnership and emphasizes the presence of an active dialogue between countries. The main agreements between Ukraine and the European Union, which influence the economic cooperation between Ukraine and Poland, are considered, taking into account Polish membership in the EU. The implementation of special projects by the European Union to support the development of Polish-Ukrainian cooperation is determined. The increase of the intensity of economic exchange between Ukraine and Poland, the active development of trade and investment in various spheres of business and the growth of economic indicators are determined. The peculiarities of the development of the small business sector and its influence on the stabilization of socio-economic processes between European countries are substantiated, emphasizing Poland's experience in development of the small business as a driving force on the way to economic integration. The main aspects and characteristics of international business between Poland and Ukraine are determined and the main differences in doing business in these countries are revealed, emphasizing the perspectives of development.

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