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Journal articles on the topic 'Directive principle'

Author: Grafiati

Published: 18 May 2024

Last updated: 31 July 2025

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1

Alexander, Kern. "Regulating Bank Governance and the EU Capital Requirements Directive." European Business Law Review 28, Issue 6 (2017): 809–28. http://dx.doi.org/10.54648/eulr2017043.

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This article pays tribute to Professor Mads Andenas’s scholarly contribution to European banking law and regulation. The article addresses how EU banking law under the Capital Requirements Directive IV regulates private shareholder rights regarding their governance or control rights over banking corporations and the extent to which public law regulatory powers are constrained by EU constitutional law regarding the application of administrative sanctions on EU banks or bank shareholders who violate CRD IV governance principles and rules. The analysis will focus on the CRD IV’s sound and prudent

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Cromack, Valerie. "The e.c. pregnancy directive– principle or pragmatism?" Journal of Social Welfare and Family Law 15, no. 4 (1993): 261–72. http://dx.doi.org/10.1080/09649069308412398.

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Kamalyan, A. M. "THE BASIS OF LEGAL REGULATION OF PUBLIC PROCUREMENT IN THE WEST AFRICAN ECONOMIC AND MONETARY UNION (UEMOA)." Lex Russica, no. 11 (November 22, 2019): 131–39. http://dx.doi.org/10.17803/1729-5920.2019.156.11.131-139.

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The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant imp

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Piszcz, Anna. "Room to Manoeuvre for Member States: Issues for Decision on the Occasion of the Transposition of the Damages Directive." Market and Competition Law Review 1, no. 1 (2019): 81–109. http://dx.doi.org/10.7559/mclawreview.2017.309.

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Soon Member States will bring into force the laws, regulations and administrative provisions necessary to comply with the Damages Directive (2014/104/EU). Usually Member States do not seem willing to introduce a broader scope of the application of principles embodied in EU directives. For Member States, “copy-pasting” a directive's content into a piece of national legislation is one of the simplest ways to implement a directive (another very simple one is implementation by reference; it is just referring the reader to the directive and should not be applied where the rules in a directive are n

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Betlem, Gerrit. "The principle of indirect effect of Community law." European Review of Private Law 3, Issue 1 (1995): 1–19. http://dx.doi.org/10.54648/erpl1995001.

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Abstract. Whenever there is a conflict between a provision of national law and a rule of a Community directive in a dispute between two private parties, the question arises which law must prevail. Generally speaking, EC directives can have an impact on domestic law under either the doctrine of direct effect or the duty imposed on national courts to construe their domestic law in conformity with the directive. Under current EC case law, it is not possible for one individual to rely on a directly effective provision of a directive as against another private party: there is no horizontal direct e

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Wiesbrock, Anja. "Case Note – Case C-555/07, Kücükdeveci v. Swedex, Judgment of the Court (Grand Chamber) of 19 January 2010." German Law Journal 11, no. 5 (2010): 539–49. http://dx.doi.org/10.1017/s2071832200018691.

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On 19 January 2010 the European Court of Justice (ECJ) was asked to rule on the application and scope of the general principle of non-discrimination under Community law. In Kücükdeveci the Court had the opportunity to clarify a number of questions concerning the principle of non-discrimination and the application of Directive 2000/78 that had remained unanswered after the famous Mangold judgment and subsequent case law. The case was particularly apt to clarify the scope of Mangold, as it concerned a similar factual situation, albeit after the implementation period of Directive 2000/78 had expi

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Zhang, Ruichen, and Qianyun Bi. "Approaching the European Union Directive on Unfair Terms in Consumer Contracts Through the Lens of the Principle of Good Faith." Lecture Notes in Education Psychology and Public Media 23, no. 1 (2023): 33–40. http://dx.doi.org/10.54254/2753-7048/23/20230358.

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The article aims to delve into the nuanced interpretation of the principle of good faith within the domain of unfair terms prevalent in consumer contracts. This principle has proven pivotal in appraising the fairness of terms, serving as a benchmark. Its multifaceted application across legal domains necessitates a precise explication of its contextual significance. Emphasizing the imperative to delineate the exact connotation of the good faith principle in the judicial realm of consumer safeguarding, the article subsequently elucidates this proposition through a meticulous analysis of the Dire

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Bednarowicz, Bartłomiej. "Delivering on the European Pillar of Social Rights: The New Directive on Transparent and Predictable Working Conditions in the European Union." Industrial Law Journal 48, no. 4 (2019): 604–23. http://dx.doi.org/10.1093/indlaw/dwz021.

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Abstract Chapter II of the European Pillar of Social Rights envisages fair working conditions that are further spelled out in two principles on secure and adaptable employment (Principle 5) and information about employment conditions and protection in dismissals (Principle 7). In order to deliver on this framework, in December 2017 the European Commission presented an ambitious and far-reaching proposal for a Directive on transparent and predictable working conditions in the European Union that would repeal Directive 91/533/EC on an employer’s obligation to inform employees of the conditions a

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Zoeteweij-Turhan, Margarite Helena. "The Seasonal Workers Directive." European Labour Law Journal 8, no. 1 (2017): 28–44. http://dx.doi.org/10.1177/2031952517699104.

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The Seasonal Workers Directive, harmonising Member States’ laws regarding the entry, residence and certain labour rights of seasonal workers, entered into force in 2014 and should be implemented by Member States (except for the UK, Ireland and Denmark) by 30 September 2016. According to Article 23 of the Directive, in principle, third-country nationals coming to a Member State as seasonal workers are entitled to equal treatment with nationals of the host Member State. However, what does ‘equal treatment’ mean when there are almost no nationals doing seasonal work for comparison? Also, the Dire

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Govind, Sriram, and Ivan Lazarov. "Carpet-Bombing Tax Avoidance in Europe: Examining the Validity of the ATAD Under EU Law." Intertax 47, Issue 10 (2019): 852–68. http://dx.doi.org/10.54648/taxi2019086.

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This article examines the compatibility of the Anti-Tax Avoidance Directive (ATAD) with primary EU law on four grounds. First, it argues that the Directive is incompatible with the general principle of anti-abuse developed by the CJEU. Second, it considers the Directive to not comply with the requirements of Article 115 TFEU as it does not contribute to the ‘establishment and functioning of the internal market’ per accepted case law of the CJEU. Third, the Directive is at odds with the principle of subsidiarity, as the Commission put forward no convincing evidence regarding the need for such a

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Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination." Market and Competition Law Review 2, no. 2 (2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.

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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are

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Wibowo, Torik Abdul Aziz. "KONSEPTUALISASI DAN PILIHAN INSTRUMEN HUKUM POKOK-POKOK HALUAN NEGARA." At-Tanwir Law Review 2, no. 2 (2022): 119. http://dx.doi.org/10.31314/atlarev.v2i2.2024.

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The Main Principles of State Policy (PPHN) is an idea as an answer to the problems of Indonesia development wich caused by the ineffectiveness of the Development Planning System (SPPN) as a directive principles of state policy. This article attemps to answer two academic questions, first how the compatible concept of the Main Principle of the state policy with the Indonesia constitutional structure, and the second is wich approriate legal instrument for the Main Principle of the State Policy. The result of this research in this article describe that PPHN as the new directive principle of state

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Lindayana, Lindayana, Arifuddin Arifuddin, and Halus Mandala. "POLITENESS OF VERBAL AND NON-VERBAL DIRECTIVE SPEECH ACTS IN THE TENTH GRADE STUDENTS’ LEARNING PROCESS OF NEGERI 1 MATARAM." RETORIKA: Jurnal Ilmu Bahasa 4, no. 1 (2018): 70–74. http://dx.doi.org/10.22225/jr.4.1.526.70-74.

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This research aims at knowing: (1) the realization of politeness of verbal and non-verbal directive speech acts of students, (2) deviations on politeness principles of students’ directive speech acts, and (3) the determining factors to the politeness and non-politeness of verbal and non-verbal directive speech acts for the Tenth Grade students of SMA Negeri 1 Mataram in the process of learning in the classroom. Research subjects in this study were the teachers who taught Indonesian, English, Economics, History, Mathematics, Religion, Civics, and Natural Sciences (IPA), and all students who are

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Kotkowski, Mateusz. "The Country of Origin Principle and the Applicable Law for Obligations Related to the Benefit of Information Society Services." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 161–83. http://dx.doi.org/10.14746/ppuam.2020.11.09.

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The article takes all of the abovementioned legacy of European Union Law into consideration while analysing them in depth through the prism of the principle in question and via careful comparisons of each of them as well. Particular attention is paid to the following issues, namely: the legal nature of the principle in question, its treaty sources, its scope of application, the principle in question in the light of the abovementioned directives – namely the Directive on audiovisual media services and the Directive on electronic commerce; and finally – relationships between provisions of the tw

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Cheyne, Ilona. "Taming the Precautionary Principle in EC Law: Lessons from Waste and GMO Regulation." Journal for European Environmental & Planning Law 4, no. 6 (2007): 468–83. http://dx.doi.org/10.1163/187601007x00064.

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AbstractThe precautionary principle is a cornerstone of the EC's environmental policy and one of the guiding principles in the Waste Directive and GMO legislation. However, there appears to be a shift away from the use of the principle in these policy areas and a re-evaluation of the relationship between it and the commercial activity that it helps to regulate.

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Ajanović, Enver. "STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU / ADMINISTRATIVE CONTRACTS IN THE LAW OF OBLIGATIONS AND ADMINISTRATIVE PROCEDURE ACT." Pregled: časopis za društvena pitanja / Periodical for social issues 64, no. 1 (2023): 37–62. http://dx.doi.org/10.48052/19865244.2023.1.2.37.

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Directive on the award of concession contracts br. 2014/23/EU, (Official Journal of the EU, L 94/1) ( in further text: Directive 2014/23/EU),Directive on public procurement and repealing Directive 2004/18/EC, br. 2014/24/EU (Official Journal of the EU, L 94/65) (in further text: Directive 2014/24) and Directive on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 2014/25/EU Official Journal of the EU, L 94/243) (in further text: Directive 2014/25/EU) arrange relations on the internal EU market by regulating of admin

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Lefevere, Jürgen G. J. "The New Directive on Ambient Air Quality Assessment and Management." European Energy and Environmental Law Review 6, Issue 7 (1997): 210–14. http://dx.doi.org/10.54648/eelr1997031.

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A review of existing Community legislation on air quality; problems arising out of the earlier directives, leading to the new directive; its objectives; its framework nature; substances covered; timetable for daughter directives; factors to be taken into account when setting limit values, target values and alert thresholds; other provisions; critical comments - application of the subsidiarity principle, the removal of the "standstill" clause, desirability of setting uniform quality objectives, duties to inform the public, cross-border aspects; conclusion that the new directive is more of a har

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Farnsworth, Nick. "Subsidiarity – A Conventional Industry Defence. Is the Directive on Environmental Liability with Regard to Prevention and Remedying of Environmental Damage Justified under the Subsidiarity Princ." European Energy and Environmental Law Review 13, Issue 6 (2004): 176–85. http://dx.doi.org/10.54648/eelr2004023.

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Summary: Is the ``Directive on Environmental Liability with regard to prevention and remedying of environmental damage'' justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principle of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principl

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Heselhaus, Sebastian. "Registration Requirements for Monomer Substances Integrated in Polymers under the REACH-Regulation." European Journal of Risk Regulation 1, no. 2 (2010): 189–93. http://dx.doi.org/10.1017/s1867299x00000349.

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1. The concept of ‘monomer substances’ in Article 6 (3) of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, relates only to reacted monomers which are integrated in polymers (offic

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Katsirea, Irini. "The Transmission State Principle: The End of the Broadcasting Sovereignty of the Member States?" Cambridge Yearbook of European Legal Studies 6 (2004): 105–39. http://dx.doi.org/10.5235/152888712802759485.

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Observers of the media policies of the European Union contend that the transmission state principle of the Television Without Frontiers Directive, by ruling out the restriction of transfrontier broadcasts, which are in compliance with the laws of the originating state, has signified the end of the broadcasting sovereignty of the Member States. The transmission state principle is central to the objective of the Television Without Frontiers Directive to create an internal market in broadcasting services. Laid down initially in Article 2(2) of Directive 89/552/EEC, it has been transferred to Arti

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Katsirea, Irini. "The Transmission State Principle: The End of the Broadcasting Sovereignty of the Member States?" Cambridge Yearbook of European Legal Studies 6 (2004): 105–39. http://dx.doi.org/10.1017/s1528887000003608.

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Observers of the media policies of the European Union contend that the transmission state principle of the Television Without Frontiers Directive, by ruling out the restriction of transfrontier broadcasts, which are in compliance with the laws of the originating state, has signified the end of the broadcasting sovereignty of the Member States. The transmission state principle is central to the objective of the Television Without Frontiers Directive to create an internal market in broadcasting services. Laid down initially in Article 2(2) of Directive 89/552/EEC, it has been transferred to Arti

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Mieszkowska, Jowita. "The Unintended Consequences of the EU Corporate Sustainability Due Diligence Directive." AJIL Unbound 118 (2024): 291–96. https://doi.org/10.1017/aju.2024.48.

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On March 15, 2024, the Corporate Sustainability Due Diligence Directive (CSDDD or Directive) was adopted by the EU Council.1 This Directive represents the EU's first piece of mandatory due diligence legislation governing the responsibilities of companies for human rights due diligence and transition plans for climate mitigation. It also codifies the principle that “all businesses have a responsibility to respect human rights, which are universal, indivisible, interdependent and interrelated.”2 The Directive broadly follows the framework of the non-binding UN Guiding Principles on Business and

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Gommers, Sam. "Danish Dynamite: The 26 February 2019 CJEU Judgments in the Danish Beneficial Ownership Cases." EC Tax Review 28, Issue 6 (2019): 270–99. http://dx.doi.org/10.54648/ecta2019032.

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On 26 February 2019 the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) delivered two groundbreaking judgments in the field of tax abuse. These judgments are known as the Danish beneficial ownership cases and relate to withholding tax exemptions provided for by the Interest and Royalty Directive (joined cases C-115/15, C-118/16, C-119/16 and 299/16) and the Parent-Subsidiary Directive (joined cases C-116/16 and C-117/16). They contain numerous interesting statements, notably the confirmation for the first time that the direct tax Directives are controlled by the general pr

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Nowak, Monika. "Wzmacnianie stosowania zasady równego wynagradzania mężczyzn i kobiet za pracę jednakową lub pracę jednakowej wartości poprzez mechanizmy zwiększające przejrzystość wynagrodzeń w świetle nowej dyrektywy UE 2023/970." Studia z zakresu Prawa Pracy i Polityki Społecznej 32, no. 2 (2025): 93. https://doi.org/10.4467/25444654spp.25.007.21339.

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The article deals with mechanisms to strengthen the application of the principle of equal pay for men and women for equal work or work of equal value contained in the new EU Directive 2023/970. The author essentially focuses her attention on those provisions of the Directive which are intended to improve the application of this principle at the stage of salary formation and guaranteeing adequate transparency of pay systems. However, the article does not take into account those provisions of the Directive that contribute to a more effective enforcement of the principle of equal pay (this issue

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PARK, Hyun Kyung. "Application and Limitations of the Principle of Digital Exhaustion in Europe: Tom Kabinet case and beyond." Institute for Legal Studies Chonnam National University 42, no. 3 (2022): 259–91. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.259.

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On December 19, 2019, the European Union Court of Justice (CJEU) issued a preliminary decision in the case of Tom Kabinet in the Netherlands. It was a much- awaited decision in a situation where there were mixed judgments on the application of the digital exhaustion principle among the member states of the European Union. According to CJEU's preliminary decision, second-hand sales of e-books are not subject to European Union Computer Program Directive(Directive 2009/24/EC) but the Information Society Copyright Directive (Directive 2001/29/EC). It was concluded that the principle of exhau

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Schlachter, Monika. "Transnational Temporary Agency Work: How Much Equality Does the Equal Treatment Principle Provide?" International Journal of Comparative Labour Law and Industrial Relations 28, Issue 2 (2012): 177–97. http://dx.doi.org/10.54648/ijcl2012012.

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The EU Temporary Agency Work Directive establishes an equal pay/equal treatment principle for agency workers that lays down a specific standard of equality, different from the one applied under anti-discrimination law. The aim of this paper is to examine the meaning of this recent equality principle, especially for transnational agency workers. For this purpose the conciliation of the agency work directive with the Posting of Workers Directive (PWD), providing only a minimum level of employment conditions, is examined. In principle the agency directive appears to apply a more far-reaching stan

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Sicurelli, Daniela. "Italy and the EU's environment and consumer policies: coalition-building, problem framing and informal channels of influence." Modern Italy 9, no. 2 (2004): 203–15. http://dx.doi.org/10.1080/1353294042000304956.

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Although it is considered among the ‘environmental laggard’ states of the Union, Italy proved able to perform a crucial role in the promotion of one of the basic principles of EU environmental and consumer policy, namely the precautionary principle. The Italian government was influential in promoting this principle in EU food safety policy, in particular in a 2000 Directive on genetically modified organisms. This picture is certainly not one-sided, as the weakness of the Italian government in influencing EU decision-makers in the case of the 2001 Cocoa Directive shows. The main factors that ex

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Rasna, I. Wayan, I. Nengah Suandi, Ida Bagus Putrayasa, and Ketut Paramarta. "Directive Speech Act Politeness in a Pediksaan Ritual: A Sociopragmatic Study." Journal of Language Teaching and Research 15, no. 2 (2024): 644–53. http://dx.doi.org/10.17507/jltr.1502.33.

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This study focused on the concern about the decrease in the use of language politeness among young people both in everyday communication and sacred Hindu rituals such as in a pediksaan ritual, in which not only the place is made sacred but also things related to the inauguration of a sulinggih (high priest) that is, performed in a Geria, home of a brahmana, who is still holding high the high cultural norms. This study analyzed the type of directive speech act politeness, the forms of language politeness, and the application of directive speech act politeness in the pediksaan ritual. The stages

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Hellner, Michael. "The Country of Origin Principle in the E-commerce Directive – A Conflict with Conflict of Laws?" European Review of Private Law 12, Issue 2 (2004): 193–213. http://dx.doi.org/10.54648/erpl2004015.

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Abstract: The question of the legal nature of the so-called country of origin principle in Article 3 of the EC E-commerce Directive causes great confusion. Many, including e-service providers, advocate that the provision should be understood as a choice of law rule designating the law of the place of establishment of the service provider as applicable. However, Article 1(4) of the Directive explicitly states that no additional rules of private international law are created. Is there a conflict within the Directive or can such a conflict be avoided? There are basically three ways in which the c

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Krivins, Anatolijs. "Legislative framework of in-house procurement." SHS Web of Conferences 68 (2019): 01026. http://dx.doi.org/10.1051/shsconf/20196801026.

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The article “Legislative Framework of In-house Procurement” examines the importance of the concept of the in-house transactions in Public Procurement. The purpose of the work is to analyse the Legislative Framework from the perspective of the principle of free competition. The study of free competition is based on works and the main ideas of the following authors: Adam Smith, Jean-Baptiste Say, David Ricardo, Thomas Robert Malthus, John Stuart Mill, John Maynard Keynes, Friedrich August von Hayek and Milton Friedman. Having done the analysis of the EU directives and regulations concerning In-h

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Montini, Massimiliano, and Emanuela Orlando. "Balancing climate change mitigation and environmental protection interests in the EU Directive on carbon capture and storage." Climate Law 3, no. 2 (2012): 165–80. http://dx.doi.org/10.1163/cl-2012-061.

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The EU Climate and Energy Package highlights the potential contradictions between the climate change imperative of reducing GHGs emissions and the importance to maintain environmental integrity. While the package supports climate change mainstreaming, it remains to be seen to what extent it succeeds in achieving internal environmental integration between climate change mitigation and other environmentprotection objectives. Directive 2009/31/EC on the capture and geological storage of carbon dioxide (hereinafter the CCS Directive) offers a paradigmatic example of this potential conflict. One of

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Loos, Marco B. M. "Transparency of Standard Terms under the Unfair Contract Terms Directive and the Proposal for a Common European Sales Law." European Review of Private Law 23, Issue 2 (2015): 179–93. http://dx.doi.org/10.54648/erpl2015015.

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Abstract: 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 Contract Terms Directive and second on the proposal for a Common European Sales Law. Résumé: Cet article traite si et dans quelle mesure le principe de transparence s'applique à la législation européenne de conditions générales et quelles sont les conséquences lorsque le principe, dans la mesure

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Cremers, Jan. "Free movement of services and equal treatment of workers: the case of construction." Transfer: European Review of Labour and Research 12, no. 2 (2006): 167–81. http://dx.doi.org/10.1177/102425890601200205.

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Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regu

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Synchanskyy, S. O. "Bringing the legislation of Ukraine on hazardous waste management in line with the requirements of the European Union law." Uzhhorod National University Herald. Series: Law 3, no. 86 (2025): 180–89. https://doi.org/10.24144/2307-3322.2024.86.3.27.

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The article is devoted to a comprehensive analysis of the development of Ukraine’s legislative framework in the field of hazardous waste management, viewed through the prism of its harmonisation with the requirements of European law, which is of particular relevance in the context of the EU-Ukraine negotiation process launched in June 2024. The paper traces the evolution of Ukraine’s national legislation from the adoption of the Law of Ukraine «On Waste» in 1998 to the adoption of the new Law «On Waste Management» in 2022, in terms of taking into account the key provisions of EU acts in the re

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Wagner, Michael A. "Revisiting the Country-of-Origin Principle in the AVMS Directive." Journal of Media Law 6, no. 2 (2014): 286–304. http://dx.doi.org/10.5235/17577632.6.2.286.

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Ehlermann, Claus Dieter. "Harmonization versus competition between rules." European Review 3, no. 4 (1995): 333–42. http://dx.doi.org/10.1017/s1062798700001654.

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In spite of the need for harmonisation resulting from the internal market, competition between rules has increased considerably during the last years. Several factors have contributed to this development, in particular the principle of mutual recognition, the new method for harmonisation, the decreasing sensitivity with respect to differences in the costs of production and the principle of subsidiarity. The use of the directive as the privileged instrument for harmonisation is contrary to the principle of subsidiarity at the level of control of Community rules. It is therefore appropriate to s

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Dourado, Ana Paula. "Debate: Is There A Need for A Directive on Pillar Two?" Intertax 50, Issue 6/7 (2022): 521–26. http://dx.doi.org/10.54648/taxi2022056.

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A legally binding link for a simultaneous implementation of Pillars One and Two in the European Union (EU), as requested by one Member State, has not been accepted by the French Presidency. The author contends that a legal link between the Directive on Pillar Two and international developments is not incompatible with European sovereignty. This is so, for several reasons: (1) the competence for implementing the minimum tax foreseen by Pillar Two is not exclusive to the EU; (2) the principle of primacy would not impede the EU harmonization on Pillar Two being made dependent upon the evolution o

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Haslehner, Werner. "Debate: Is There A Need for A Directive on Pillar 2? A Few Normative Comments." Intertax 50, Issue 6/7 (2022): 527–30. http://dx.doi.org/10.54648/taxi2022057.

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Poland’s request to link the entry into force of the Pillar 2 Directive to an international agreement on Pillar 1 raises fundamental questions about the European constitutional structure. Beyond the mere legality of such a link, this contribution seeks to respond to some normative concerns related to the creation of such secondary legislation. Pillar 2 Directive, principle of autonomy, principle of primacy, European sovereignty, EU legal order, international tax agreement, treaty override, EU external relations, EU competence, subsidiarity, proportionality

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van Os, Pieter. "Interest Limitation under the Adopted Anti-Tax Avoidance Directive and Proportionality." EC Tax Review 25, Issue 4 (2016): 184–98. http://dx.doi.org/10.54648/ecta2016020.

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This article scrutinizes the compatibility of the interest limitation rule the European Union (EU) legislature included in its anti-tax avoidance directive adopted on 12 July 2016 with the proportionality principle. Under its settled case law concerning domestic interest limitation rules restricting a fundamental freedom for purposes of combating tax avoidance practices, the European Court of Justice (ECJ) holds that such measures do not comply with the principle of proportionality if they, amongst others, either do not provide the taxpayer with an opportunity to substantiate the commercial re

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Vasović, Miloš. "Principle of facticity and the general anti-abuse rule from the ATAD Directive." Arhiv za pravne i drustvene nauke 119, no. 4 (2024): 99–112. https://doi.org/10.5937/adpn2404099v.

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The general anti-abuse rule outlined in the Directive on rules against tax avoidance practices that directly affect the functioning of the internal market represents a provision adopted by EU Member States as a minimum standard, either through full implementation or alignment with existing domestic rules. This provision is intended to prevent corporate tax avoidance. National tax legislation includes the principle of facticity (substance over form), which is commonly regarded in practice as a general anti-abuse measure. This raises the question of whether applying the principle of facticity ca

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SERBOV, Mykola. "GLOBAL EXPERIENCE ADAPTATION OF FRESHWATER RESOURCES MANAGEMENT IN THE IMPLEMENTATION OF WATER FRAMEWORK DIRECTIVE." Ukrainian Journal of Applied Economics and Technology 7, no. 1 (2022): 222–29. http://dx.doi.org/10.36887/2415-8453-2022-1-28.

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Introduction. In connection with European integration, Ukraine needs to study the global experience of managing freshwater resources and develop and implement legislative and regulatory documents of the Water Framework Directive. Accordingly, the international experience adaptation of working freshwater resources in the conditions of implementing the Water Framework Directive is among the main tasks of the research. At the same time, a number of its provisions are declarative. There are also problems with the norms related to the control mechanism of the Convention. The purpose of the article

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De Smedt, Kristel. "Is Harmonisation Always Effective? The Implementation of the Environmental Liability Directive." European Energy and Environmental Law Review 18, Issue 1 (2009): 2–18. http://dx.doi.org/10.54648/eelr2009001.

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The objective of the Environmental Liability Directive (ELD) is to establish a framework of environmental liability based on the “polluter–pays” principle, to prevent and remedy environmental damage. The difficult negotiations during the development phase of the Directive however caused that the final decision on crucial elements of the liability regime were passed on to the Member States, as for example the scope of the regime, or the insertion of defences. Hence, the implementation of the ELD in the Member States can differ. Which choices do the Member States now make with respect to these c

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McCormack-George, Dáire. "Recognition of Professional Qualifications in the Single Market: A Recap." European Business Law Review 30, Issue 5 (2019): 785–815. http://dx.doi.org/10.54648/eulr2019032.

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This paper considers the circumstance in which EU and third-country nationals may have their professional qualifications recognised under and in accordance with EU law. The analysis is structured as follows. First, it considers the principle underlying the recognition of qualifications in the single market, namely the principle of mutual recognition. It then outlines the different conceptions of mutual recognition which have been adopted for the purposes of facilitating the recognition of qualifications in the Single Market as a background to the current law, namely Parliament and Council Dire

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Janusz-Pohl, Barbara, and Paulina Kosmatka. "Zmiany w prawie karnym procesowym – analiza z perspektywy zasady koncentracji." Prawo w Działaniu 47 (2021): 9–36. http://dx.doi.org/10.32041/pwd.701.

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This paper presents an analysis of the issue of formulating the principle of concentration in the Polish criminal procedure. General issues of criteria for distinguishing the principles of law and the interactions of different principles are discussed. The principle of concentration is perceived as the principle of concentration of procedural actions in criminal proceedings and at the same time efforts are made to ensure its maximum temporal scope, scope of application, and the entities it applies to. The presented approach is directive, and not descriptive, which means that the principle of c

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Bastian, Olaf. "Adopting the Precautionary Principle in Designing and Managing Natura 2000 Areas (Exemplified by the Conservation of the Butterfly Maculinea Nausithous in a Rural Landscape North of Dresden (Saxony))." Journal of Landscape Ecology 1, no. 1 (2008): 14–22. http://dx.doi.org/10.2478/v10285-012-0002-7.

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Adopting the Precautionary Principle in Designing and Managing Natura 2000 Areas (Exemplified by the Conservation of the Butterfly Maculinea Nausithous in a Rural Landscape North of Dresden (Saxony)) The precautionary principle is more and more incorporated into national law and decision-making on natural resource management and biodiversity conservation. In the coherent European network of protected areas Natura 2000, the precautionary principle finds expression in the obligation to provide favourable conditions for the long-term survival of species and habitats, especially of the priority on

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Fehr, Karl-Heinz, Barbara Friedrich, and Susanne Scheil. "Liability Directive - a Useful Tool for Nature Protection?" Journal for European Environmental & Planning Law 4, no. 2 (2007): 110–16. http://dx.doi.org/10.1163/187601007x00118.

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AbstractThree years ago the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage entered into force. Dividing environmental damage into three different categories (biodiversity, water and soil), the Directive's concept is based on a mixed liability system following the US-American example while stressing the polluter-pays-principle. Member States have to incorporate the Directive's provisions into national law by 30 April 2007. Yet the efficiency of the measures is still doubtful. The following article illustrates the Directive's p

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Tomić, Katica. "THE PRINCIPLE OF GOOD FAITH IN EUROPEAN AND NATIONAL INSURANCE LAW." Strani pravni život 60, no. 4 (2016): 199–217. http://dx.doi.org/10.56461/spz16413t.

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In recent years, insurance markets have become more dynamic due to deregulation of insurance industry, globalization of insurance institutions, increased competition, technological progress, changing customer behavior and regulatory activity, which have greatly intensified in recent years in response to the global financial crisis. In the wake of the global financial crisis, additional measures aimed at enhancing consumer protection were passed in Europe. These include the Insurance Distribution Directive (IDD) and the Markets in Financial Instruments Directive (MiFID II). The IDD contains num

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Möllers, Thomas M. J. "The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit." European Review of Contract Law 16, no. 4 (2020): 465–88. http://dx.doi.org/10.1515/ercl-2020-0026.

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AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of

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Sejan, Sakhawat Sajjat, and Shakhawat Hossain. "Utilizing Eurocentric Temporary Protection Directive as a Global Approach of Refugee Protection." Lambung Mangkurat Law Journal 9, no. 1 (2024): 34–50. http://dx.doi.org/10.32801/abc.v9i1.155.

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The temporary protection directive is one of the noblest mechanisms of the European refugee protection regime. The European Union has designed it following the principle of temporary protection and non-refoulement of international refugee law. The United Nations Refugee Convention is the institutional root of these principles. In 2001, the EU has adopted the directive to improve its refugee protection mechanism. But they have never activated the directive until the current Ukrainian refugee crisis. This has remained as a piece of paper or unnecessary tool for the European countries. Their relu

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KRUSTIYATI, Atik, Sylvia JANISRIWATI, Novela CHRISTINE, and Mokhamad Khoirul HUDA. "Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles." Journal of Advanced Research in Law and Economics 9, no. 3 (2020): 905. http://dx.doi.org/10.14505/jarle.v11.3(49).25.

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Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-

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