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1
Williams, Colin C., and Aysegul Kayaoglu. "Evaluating the prevalence of employees without written terms of employment in the European Union." Employee Relations 39, no. 4 (2017): 487–502. http://dx.doi.org/10.1108/er-10-2016-0189.
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Purpose Until now, there has been scant evidence on the proportion and characteristics of employees working without a written contract or terms of employment. To begin to fill this gap, the purpose of this paper is to evaluate the prevalence and distribution of employees without written contracts or terms of employment in the European Union (EU), examining whether they are unevenly distributed across countries and EU regions, and whether it is vulnerable population groups who are more likely to be without such written contracts. Design/methodology/approach A 2013 Eurobarometer survey comprising 11,025 face-to-face interviews with employees in the 28 member states of the EU (EU-28) is reported. Findings The finding is that it is less socio-demographic and socio-economic characteristics, and more firm size, institutional environment and spatial factors that are important in explaining the prevalence of employment without a written contract. Thus, governments should address not individuals but rather the formal institutional failings and asymmetry between civic and state morality, in order to reduce the level of employment without a written contract, and focus their attention on smaller firms, larger towns and Southern European countries, especially Cyprus, Malta and Portugal. Research limitations/implications Future research needs to evaluate whether and how the conditions of employment (e.g. wage rates, health and safety conditions, holiday entitlements) of employees without written contracts or terms of employment differ to their equivalents who have written contracts or terms of employment. This will reveal the implications of workers not being issued with written contracts or terms of employment. Originality/value This is one of the first extensive evaluations of the prevalence and distribution of employees without written contracts or terms of employment.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Plebankiewicz, Edyta. "Procedures for Awarding Work Contracts in Europe." Buildings 14, no. 4 (2024): 883. http://dx.doi.org/10.3390/buildings14040883.
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Choosing a contractor with the best competencies is particularly important, especially in construction contracts. Using data available on the opentender.eu platform, information for 2022 was compiled regarding the size of the public procurement market and the procedures used in public procurement for construction works in European countries. The most common procedure used under the European Union Directive for awarding work contracts, in most countries, is the open procedure. The largest share of this procedure, amounting to over 95% of all proceedings, is in the countries Croatia, Cyprus, Greece, Latvia, and Poland. On the other hand, there are countries where the procedures proposed in the Directive are used to a small extent. In order to distinguish groups of European Union countries characterized by a similar structure of public procurement for work, the joining (tree-clustering) algorithm was used. This will provide insights into the strategies of countries in this area. Knowledge of the advantages and disadvantages of the various procedures may improve the public procurement system.
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Nemec, Peter, and Peter Džupka. "DETERMINANTS OF SME ACCESS TO PUBLIC PROCUREMENT: EMPIRICAL EVIDENCE FROM THE VISEGRAD GROUP COUNTRIES." Proceedings of CBU in Economics and Business 2 (October 24, 2021): 75–80. http://dx.doi.org/10.12955/peb.v2.257.
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This article aims to investigate the factors influencing the success of small and medium-sized enterprises (SMEs) in public procurement in the Visegrad Group Countries. According to the European Union, tools such as the division of contracts into smaller lots or the evaluation of tenders based on the most economically advantageous tender (MEAT) increase the chances of SME’s winning contracts in public procurement. In particular, the evaluation of tenders based on MEAT rather than the lowest price is a tool favoring SMEs, as it boosts their innovative potential, which creates the preconditions for achieving the best value for taxpayers' money. By analyzing more than 150,000 contract award notices published in the Tenders Electronic Daily in 2019, we found a positive effect on SMEs' chances of winning a contract when using framework agreements or dividing contracts into smaller lots. Moreover, the results of multinomial logit regression suggest that the evaluation of tenders based on MEAT rather than lowest prices increases the chances of SMEs to win the contract by more than 50%. However, the findings that the share of SMEs in the total financial value of contracts is less than 20%, with SMEs winning more than 60% of all contracts, suggest that some obstacles of SMEs' access to public contracts, such as financial, administrative or technical complexity of projects may persist and require further research.
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Pytlak, Przemysław. "Kwalifikowanie umów zawieranych w obrocie na rynkach rolnych." Przegląd Prawno-Ekonomiczny, no. 2 (1) (March 31, 2008): 75–84. http://dx.doi.org/10.31743/ppe.15141.
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Streszczenie dostęne wyłącznie w języku angielskim: One of the most important instruments utilsed by the European Union to influence the trade on the agricultural commodity markets are regulations concerning contracts between producers and undertakings operating on the markets. The EU’s regulations define contracts organising particular agricultural markets (i.e. hops, tobacco, sugar, milk markets) through dermining demands whitch those contracts should fulfill without creating named contracts, incorporated to law systems of the member countries. The present study proposes how to qualify contracts regulated by european law on the basis of polish law system. The principle of the proposed qualification is comparison between obligations resulting from contracts regulated by european law and obligation scheme resulting from the definition of one the named contracts described by civil code.
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Baccaro, Lucio, Rüya Gökhan Koçer, Jorge Galindo, and Valeria Pulignano. "Determinants of Indefinite Contracts in Europe: The Role of Unemployment." Comparative Sociology 15, no. 6 (2016): 794–838. http://dx.doi.org/10.1163/15691330-12341412.
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Using individual-level data from the 2010 wave of the European Working Conditions Survey (ewcs), and country-level data on unemployment, employment protection legislation and union density for 21 European countries, this paper provides a comprehensive multi-level analysis of the determinants of indefinite employment contracts. The authors find that workers’ autonomy on the job, the intensity of computer use, and the presence of general and specific skills are associated with greater contract security. Perhaps more importantly, the authors find a strong negative effect of unemployment, particularly on workers cumulating multiple sources of labor market vulnerability, such as young age, low skill, low autonomy, and immigrant status, especially but not exclusively in the Mediterranean countries most affected by the crisis.
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Matsue, Toyoki. "Labour Market Institutions and Amplification of Employment Fluctuations." Central European Economic Journal 6, no. 53 (2020): 164–73. http://dx.doi.org/10.2478/ceej-2019-0010.
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AbstractLabour market reforms have been undertaken to eliminate labour market rigidities in European countries since 1970s. The important features of the reforms are the reduction in adjustment costs and the introduction of fixed-term contracts (FTC). Some empirical studies point out that employment fluctuations have become more volatile after the reforms. This paper presents a model with FTC and analyzes the effects of the key features of the reforms. Numerical examples show that an expected productivity shock causes the oscillatory behaviour of employment. Moreover, a reduction in adjustment costs amplifies fluctuations. In the labour market literature, a number of studies point out the importance of trade unions in European countries. This paper also analyzes the effects of union influence, and the numerical examples indicate that the stronger union influence leads to larger employment fluctuations.
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Zabzaliuk, D. E. "The place of the contract in the mechanism of regulation of economic legal relations: a comparativist dimension." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 24–30. https://doi.org/10.24144/2788-6018.2025.01.2.
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The article examines the essence and content of the concept of an economic contract in national law and compares it with the law of Western European countries. The problems that prevent the harmonization of Ukrainian legislation with the law of the European Union in the sphere of regulation of economic contracts are pointed out, and ways of solving them are proposed. Analyzed: the contract as a form of expression of will of subjects of economic relations; the main principles of contractual regulation, such as: freedom of contract, obligation to fulfill contractual obligations, mutual benefit of the parties, fairness and proportionality of responsibility; requirements for the form of an economic contract, which ensures the protection of the interests of the participants in legal relations and the transparency of economic transactions. It has been established that contracts are a key instrument for regulating economic relations in both national and European law. A comparison of Ukrainian and European legal approaches to contractual regulation allows us to identify both common features and differences that are due to legal traditions and the peculiarities of the economic system. In the article, a comparative analysis of the legislation of Ukraine and European law can help identify differences, contradictions and shortcomings in national legislation, as well as identify areas that require harmonization with European standards. It is indicated that in the context of the European integration of Ukraine, an important task is the harmonization of national contract law with the law of the European Union. This includes the implementation of modern standards of contractual regulation, ensuring legal certainty and predictability for business entities. It has been investigated that the comparative analysis of the legislation of Ukraine and European law covers the study of various aspects, in particular the structure and organization of legislation, the content of regulatory acts, principles and approaches to regulation, contracts, consumer rights, electronic commerce, competition law, international trade, alternative dispute resolution, enforcement decisions of European courts, rules of the internal market, harmonization of legislation, as well as legal culture and cooperation. The article examines legal reforms, the application of case law, the protection of human rights, and the influence of European norms on legal consciousness and culture.
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Lampreia dos Santos, M. J. P. L. "Segmenting farms in European Union." Agricultural Economics (Zemědělská ekonomika) 59, No. 2 (2013): 49–57. http://dx.doi.org/10.17221/28/2012-agricecon.
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The main objective of this work is to characterize and segment the farms of the twenty-seven Member States of the European Union (EU). For this purpose, the techniques of cluster analysis and cluster of cases segment the farms, based on a sample of farms of the Farm Accountancy and Information Network. The results show the existence of four types of farms in the EU that are distinguishable by their (i) structural characteristics, in particular, for their Utilized Agricultural Area, the total output, by the percentage of contract work and the total work, (ii) by their financial characteristics, i.e., by their total assets and the cash flow of the EU farms, and (iii) by their guidance and the importance of subsidies on these farms. These results thus suggest the definition of the Common Agricultural Policy differentiated and adapted to the existing four clusters of countries. We suggest the development of typologies of farms in the EU, with a more robust database involving different EU regions that constitute the different countries in order to obtain the robust types of farms from different European regions.  
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Korneva, P. M. "Conflicting regulation of relations in the field of medical tourism: the experience of the European Union." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
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The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Drzymała, Agnieszka. "Economic Cooperation Between The European Union And Japan." Comparative Economic Research. Central and Eastern Europe 20, no. 2 (2017): 129–46. http://dx.doi.org/10.1515/cer-2017-0016.
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The aim of the paper is to show the history of economic relations between the European Union and Japan. This economy is very important to the EU and the countries of the EU are interested in further deepening areas of cooperation. Therefore it seems important to indicate the political will to continue mutual economic relations through the signing of contracts and bilateral agreements, as well as meetings at various levels, including SPA and EPA negotiations and summits. The course of the current economic cooperation will be shown through trade volume and foreign direct investment outflows from the European Union to Japan.
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Krzysztof Adam Firlej and Marcin Stanuch. "Selected determinants of the development of renewable energy sources in the member states of the European Union." Economics and Environment 86, no. 3 (2023): 89–113. http://dx.doi.org/10.34659/eis.2023.86.3.583.
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The objective of this study is to explore the relationship between selected indicators of SDG7, supplemented by the variables of GDP and carbon dioxide emission contract prices, and the consumption of energy from renewable sources in the European Union. The research problem of the study is whether it is possible to explain the consumption of energy from renewable sources in the European Union from 2010 to 2020 within the group of selected indicators for SDG 7 supplemented by GDP variable and variable CO2 emission futures contracts. Based on conducted econometric research, it was proved that there was a certain interdependence and causality of selected factors on the development of renewable energy sources, which varied depending on the EU Member State. By making a critical evaluation of the obtained models, it was found that only in 10 cases (countries) can they be considered correct.
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Kim, Jin-Kyu. "A Legal Review of ‘Best Efforts’ Clauses: Focusing on COVID-19 Vaccine Purchase Contracts." Korea Association for International Commerce and Information 24, no. 3 (2022): 175–94. http://dx.doi.org/10.15798/kaici.2022.24.3.175.
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Since the World Health Organization (WHO) on March 11, 2020, declared the novel coronavirus (COVID-19) outbreak a global pandemic, many countries around the world have experienced contractual inequality in their dealings with global vaccine developers, such as delayed deliveries, limitations of liability for claims, disclaimers of warranties, and excessive confidentiality when negotiating purchase contracts. In 2021, the EU Commission filed a lawsuit in Brussels against AstraZeneca for not keeping to its purchase agreement for the supply of COVID-19 vaccines.
 This study reviews the best-efforts clauses in the vaccine contracts signed by the EU and AstraZeneca focusing on the legal effects and duties of such clauses. The concept of the best-efforts clause is analyzed from a legal perspective, including its function and theoretical background in comparative law.
 This study methodically reviews the best-efforts clause within the COVID-19 vaccine advance purchase contract between the EU and AstraZeneca in September 2020, and analyzes the European Union’s civil suit against AstraZeneca, filed in Belgium, for the delay in delivery of vaccines to the European Union. Consequently, this paper intends to present practical implications for the legal effects and duties of best-efforts clauses in the vaccine purchase agreements in the European Union v. AstraZeneca case.
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Niglia, Leone. "The New Transformation of Europe: Arcana Imperii." American Journal of Comparative Law 68, no. 1 (2020): 151–85. http://dx.doi.org/10.1093/ajcl/avaa005.
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Abstract The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn.
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Larsson, Bengt. "Trade Union Channels for Influencing European Union Policies." Nordic Journal of Working Life Studies 5, no. 3 (2015): 101. http://dx.doi.org/10.19154/njwls.v5i3.4809.
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This paper analyzes what channels trade unions in Europe use when trying to influence European Union (EU) policies. It compares and contrasts trade unions in different industrial relations regimes with regard to the degree to which they cooperate with different actors to influence EU policies, while also touching on the importance of sector differences and organizational resources. The study is based on survey data collected in 2010–2011 from unions affiliated with the European Trade Union Confederation and from below peak unions in 14 European countries. Results of the survey show that the ‘national route’ is generally the most important for trade unions in influencing EU policies in the sense that this channel is, on average, used to the highest degree. In addition, the survey delineates some important differences between trade unions in different industrial relations regimes with regard to the balance between the national route and different access points in the ‘Brussels route’.
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Rubtsova, S. O., and N. A. Besetskaya. "LEGAL REGULATION OF SURROGACY IN THE REPUBLIC OF BELARUS AND THE EUROPEAN UNION." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 6 (June 30, 2022): 128–33. http://dx.doi.org/10.52928/2070-1632-2022-61-6-128-133.
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The article is devoted to the study of the legal framework of surrogacy as a method of assisted reproductive technologies in the Republic of Belarus and the European Union countries. Based on the identified models of legal regulation of surrogacy, the European Union countries are divided into three groups. The specific features of regulation of traditional and gestational surrogacy, commercial and altruistic surrogacy contracts, legal status of surrogate mother and genetic parents, effects of presumptions of maternity and paternity, etc., are revealed within each group. The author notes the positive and negative aspects, identifies trends in the development of foreign legislation. The article provides an assessment of the effectiveness of the Belarusian legislation on surrogacy. The author formulates the proposals aimed at its further improvement.
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Tashian, Roman. "MEDICAL CONTRACTS WITH CONDITIONS CONTRARY TO PUBLIC POLICY." Wiadomości Lekarskie 76, no. 1 (2023): 226–32. http://dx.doi.org/10.36740/wlek202301131.
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The aim: To reveal some features of medical contracts with conditions contrary to public policy. Materials and methods: The study is based on the statutory acts of countries of European Union. The author also uses acts of international law in the field of medical services, the law and cases court practice of EU. Conclusions: The sphere of medical services objectively requires increased control by the state. There are various legal mechanisms for ensuring the rights of the patient and the proper level of medicine. It is important to invalidate the unfair terms of medical contracts, compensation for losses and moral damage. These remedies are obtained through judicial protection and, in some cases, through other jurisdictional means. It is important to implement European standards in national legislation.
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Rychlicki, Stanisław, and Jakub Siemek. "Current conditions and forecasts of natural gas application in the production of electricity." Gospodarka Surowcami Mineralnymi - Mineral Resources Management 29, no. 1 (2013): 5–172. http://dx.doi.org/10.2478/gospo-2013-0004.
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Abstract In times of global crisis, there is a dynamic change in the European gas market. This leads to: - decline or stagnation in demand for gas in the industrial sector; - growing importance of unconventional natural gas; - LNGmarket development especially in terminal condensing due to the availability of rawmaterials derived from unconventional gas deposits (USA, Canada); - development of regasification terminals in Europe due to the possibility of receiving additionalmaterial; - development of gas exchanges; - development of cross-border gas pipeline connections leading to a progressive increase in the integration and linkages between markets; - emergence of unconventional gas in particular shale gas and coal bed methane; in Poland the potential benefits from shale gas exploitation offering opportunities for its wider use in the energy sector; - attention drawn to the role of unconventional gas, particularly shale gas; - periodic surplus raw materials for the European market; - renegotiation of long-term contracts for European customers; - changes in contracts, which include the introduction of partial indexation to the exchange of gas markets, modification of TorP clauses, contract volume shift to later years; - stronger bargaining position for the buyer of raw materials; - possible long-term changes in the valuation of raw material in Europe; - growing importance of short and medium-term contracts; - changes in distributor relations - [client on national markets (meaning unclear)]; - activity of new entrants to the gas markets. This paper presents the existing situation in the energy market in Poland in terms of the types of fuels used especially natural gas in the generation of electricity. It references Poland’s current energy relations with European countries, particularly with respect to the European Union. The analysis includes the size of unit energy consumption in selected EU countries. In addition, it reviews plans to build a major gas plant in Poland.
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Natividade, Jorge, Carlos Oliveira Cruz, and Cristina Matos Silva. "Improving the Efficiency of Energy Consumption in Buildings: Simulation of Alternative EnPC Models." Sustainability 14, no. 7 (2022): 4228. http://dx.doi.org/10.3390/su14074228.
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The construction sector and the operation and maintenance of buildings largely contribute to energy consumption and emission of greenhouse gases (GHGs) in the European Union (EU). Therefore, it is of utmost importance to improve the energy performance of buildings. Yet, this frequently involves high short-term investments, which may not be compatible with owners’ budgetary constraints. In this research we analyze the importance of Energy Performance Contracting (EnPC) for the improvement of energy efficiency in buildings. These models allow bypassing budgetary restrictions of owners (public and private ones) and bring private capital to finance energy efficiency measures. The paper analyses different models of contracting Energy Service Companies (ESCOs), from traditional models to alternative models, and exposes the versatility of the new contracting models and the associated risks. Several applications of energy performance contracts implemented in European countries are presented to identify the main characteristics that lead to successful contracts. The paper also includes the discussion of energy performance contracts applied to a public building (a school) that seeks to reduce its annual energy consumption, by testing the use of three types of energy performance contracts. The results show that there is potential in the use of EnPC but it is critical to select the most adequate model, especially when defining the contract duration, to balance both owners’ and companies’ interests.
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Shevchuk, Volodymyr. "Draft Regulation of the European Union about artificial intelligence and related initiatives." Theory and Practice of Intellectual Property, no. 3 (June 19, 2023): 79–86. http://dx.doi.org/10.33731/32023.282188.
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The article generally examines the project of the European Law on Artificial Intelligence (hereinafter the European Law on Artificial Intelligence — EAIA, and artificial intelligence — AI), developed by the European Commission, which is part of the AI package presented by the European Commission, which additionally includes the European Commission's message on promoting a European approach to AI; revision of the coordinated plan with AI (with EU member states); appropriate assessment of the impact of the project of the EAIA. Such an AI package defines the European approach to the regulation of AI in the European Union. An overview of the main amendments to such a project by the Council of Europe is also presented. The tools designed to facilitate the application of the future EAIA are also analyzed and briefly described. Thus, a review of the model law on artificial intelligence was carried out, which contains original provisions on the regulation of AI, and also suggests to interested persons to use the provisions of both the EAIA and other existing legal acts of other countries, the purpose of which is to make it easier for other countries to develop own laws regarding artificial intelligence. The model of compliance of AI systems with such a law is important from the point of view of applying the provisions of the future EAIA. This aspect provides a general characterization of such a model, the main purpose of which is to serve as a management tool that ensures and demonstrates that the development and operation of an AI system is trustworthy i.e. compliant with legislation, ethically reasoned and technically reliable and therefore compliant with the EAIA. Since the market for the use of AI systems isalready operational, it is important from the point of view of guarantees, legal compliance and liability for the damage caused to develop appropriate standard contractual terms. Thus, this article examines the standard conditions of such contracts, which are already used in some European countries, namely in the city of Amsterdam (Netherlands), as well as trends in the development of a standard contract for the purchase of AI systems by state bodies.
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Kozłowski, Waldemar, Ukilyay Kerimova, Saule Yessengaziyeva, and Gaukhar Rakhimzhanova. "Some Issues Concerning the Formation of The Common Economic Space Of Kazakhstan, Russia and Belarus." Olsztyn Economic Journal 9, no. 3 (2014): 225–35. http://dx.doi.org/10.31648/oej.3178.
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The article discusses the issues of creating a common economic zone with the countries of the Common Economic Space by comparing this economic area to the area of the European Union. Analysis of contracts for its establishment is for consideration, as well as the pluses and minus of the implementation of the grant agreement on the CES industrial countries. A comparison of these two economic zones with similar economic problems will enable the future of their cooperation.
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Akçay, S. Belgin, and Begüm Şeren Güler. "European Mortgage Markets Versus Institutions." International Real Estate Review 24, no. 4 (2021): 577–612. http://dx.doi.org/10.53383/100331.
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This study aims to measure the institutional features of residential mortgage markets in the European Union (EU) countries. The institutional features of the mortgage markets include access to credit information, protection of creditor rights, and enforcement of contracts among others, and attributes that define the evolution and functioning of mortgage markets. Differences among these features lead to institutional variations in mortgage markets among countries. In this study, we measure the institutional features along four dimensions (financial, legal, openness and cultural), and compare them to a benchmark. To achieve this, composite indices (overall index and its sub-indices) are developed with the use of a factor analysis. The findings show that the institutional features of the EU mortgage markets are diverse; northern European countries and the United Kingdom (UK) take the lead with respect to the institutional environment of their mortgage markets and have markets with higher institutional quality than the others. That is, these countries have mortgage markets with a more efficient legal framework, more government transparency in policymaking, easier access to financial services and credit information, etc.
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Fradera, Vera. "Les Rapports entre le Droit Privé Européen et la Convention de Viene de 1980 sur la Vente Internationale de Marchandises." Revista Brasileira de Arbitragem 6, Issue 23 (2009): 54–69. http://dx.doi.org/10.54648/rba2009041.
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ABSTRACT: This article deals with the relationships between European private law and the CISG in the sense of beeing its contribution the most efficient to the aim of the harmonization of the contracts law, making easier the development of the Common Market, in a more effective way than another unification instruments, such as Unidroit Principles and the Code Européen des Contrats. Starting from the analysis of the obstacles for the uniformization of contracts rules in the European space (the pluralism of legal systems and the different languages of Law), as well the author demonstrates that the CISG would be the ideal tool to harmonize the different conceptions of contract law in effect into the European Union. Indeed, after almost thirty years of its publication, the CISG has had a remarkable sucess, beeing adopted by 72 countries. Nevertheless, not everything is perfect on its path, because its article 7 determines that the Convention will have an uniform interpretation, an aim that is very hard to be reached, due to the existence of many obstacles, as pointed above. Based on the lessons of some masters, like Claude Witz and Pierre Yves Gauthier, the author suggests the adoption of the article 7 of the CISG as a support to the rule of the facultative precedent . In addition, again the author agrees once again with M. Witz and Gauthier, that it will be necessary to create International and Regions Courts, in order to obtain an effective uniform interpretation of the CISG rules.
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Major, Iván. "Will Central and Eastern European Countries Dismantle the European Union?—Contrasting European Developments to Current Trends in the US." Journal of Economics and Public Finance 5, no. 2 (2019): p234. http://dx.doi.org/10.22158/jepf.v5n2p234.
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This paper analyzes the historical background of the current developments in Central Eastern Europe, in other parts of Eastern Europe and in previously member countries of the former Soviet Union. The author concludes that the political and economic transformation of these countries to a solid democracy and well-functioning market economy have not been successful for most of them yet, and this may have serious consequences on the European Union, too.The paper contrasts these trends with what we can observe in the United States now. The author turns to the “hard facts” next, when he discusses the different factors of human and economic development and the issue of migration in the Central and East European post-socialist countries and in a selected group of advanced countries.
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Tashian, Roman I. "THE INVALIDITY OF CONTRACTS IN THE FIELD OF MEDICAL SERVICES AS A WAY TO PROTECT THE RIGHTS OF THE PATIENT." Wiadomości Lekarskie 74, no. 11 (2021): 3004–8. http://dx.doi.org/10.36740/wlek202111224.
Texte intégralRésumé :
The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts – entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract – the restitution of the money received under the contract and compensation of harm. Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient’s rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.
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Kubak, Matus, Peter Nemec, Robert Stefko, and Marcel Volosin. "On competition and transparency in public procurement during the COVID-19 pandemic in the European Union." E+M Ekonomie a Management 26, no. 2 (2023): 4–23. http://dx.doi.org/10.15240/tul/001/2023-2-001.
Texte intégralRésumé :
Government expenditures on acquiring services, goods, and work through public procurement represent a substantial proportion of the EU’s GDP. Competitive and transparent tendering procedures are generally believed to promote achieving the primary goals of public procurement: maximising value for money and reducing corruption. However, during the crisis, procurement rules allow a temporary departure from transparency standards toward fast and more discretionary procurement procedures justified by force majeure, possibly restricting competitiveness and information availability in the whole procurement process. The presented paper examines emergency response procurement measures by EU countries in the aftermath of the COVID-19 outbreak in the spring of 2020 and their impact on competition. Using an extensive dataset of contracts for medical supplies and PPE obtained from Tenders Electronic Daily, we document the rapid increase of direct and negotiated contracts in the first two months of the pandemic outbreak. We found that firms, in general, were more likely to participate in procurement procedures with a prior call for tenders, such as open procedure and restricted procedure. On the other hand, the significant share of contracts obtained by small and medium enterprises without competition, hence by single bid procurement, suggests that public authorities tend to use their discretion in favour of SMEs. Moreover, overall emergency procurement setting and its effects on competition vary across countries regardless of how intensely the pandemic hit, indicating an institutional context for the increased discretion effects on procurement outcome.
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Saad, Youssef G. "Deliverable accountability, change management and breach in consultancy contracts: A comparative study of world bank versus europeaid funded projects." Journal of Public Procurement 17, no. 4 (2017): 525–71. http://dx.doi.org/10.1108/jopp-17-04-2017-b003.
Texte intégralRésumé :
A considerable proportion of donor aid is dedicated to technical assistance to support developing countries in their development initiatives. The majority of this aid comes from globally-operating international donors including the World Bank and the European Union. In spite of several harmonization attempts, there still exist major differences in their procurement regulations and standard contracts. Based on an extensive literature review on consulting services and an in-depth analysis of the standard forms of contract, it was found that divergence between both forms is not only clear but also paradigmatic owing mainly to market orientation paradigm differences. The findings and recommendations help advance research on and practice of various types of consultancy services in general.
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Paszkowski, Michał. "Strategies of Central European countries in the energy dimension during the Russian-Ukrainian war." Energy Policy Studies 12, no. 1 (2023): 3–12. http://dx.doi.org/10.62316/zzdt2905.
Texte intégralRésumé :
The Russian-Ukrainian war had a significant impact on the energy situation of Central European countries and significantly influenced the need to activate efforts to diversify the sources and directions of energy supply, as well as activities to reduce natural gas demand. The energy dependence built over the years by the Russian Federation was characterized primarily by the development of infrastructure and the conclusion of longterm contracts. The aim of the article was to analyze the activities of the Central European countries of the European Union during the Russian-Ukrainian war and to define the key activities that were primarily undertaken in 2022 towards ensuring energy security. The starting point was the thesis that the Central Europe countries made optimal use of the existing energy infrastructure, which made it possible to reduce the impact of the Russian Federation on the energy security of this countries and ensure the availability of commodity.
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Steinhauser, Dušan, and Miroslava Čukanová. "Impact of Corporate Governance Framework on Economic Performance in European Union." Studia Commercialia Bratislavensia 11, no. 40 (2018): 236–46. http://dx.doi.org/10.2478/stcb-2018-0018.
Texte intégralRésumé :
Abstract In the current post-crisis period, the implementation of Corporate Governance principles has proven to be important. The Organization of Economic Cooperation and Development considers failure of Corporate Governance as one of the causes of the latest financial and economic crisis. We assume that the higher quality of institutional environment point to higher performance of the economy. The aim of the paper is to quantify the implementation of Corporate Governance in the European Union through selected qualitative indicators and his impact on economies. We have verified that countries with better values of judicial independence, protection of property rights, corruption, minority investor protection, extent of conflict of interest and resolving insolvency have a higher value of gross domestic product per capita. The index of enforcing contracts was statistically insignificant.
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Cherepanova, Viktoriia, Petro Pererva, Olha Podrez, Oksana Utienkova та Dmytro Migulin. "ВПЛИВ ГЛОБАЛІЗАЦІЙНИХ ПРОЦЕСІВ НА КОН’ЮНКТУРИ РИНКІВ ЄС ТА МІЖНАРОДНУ СТРАТЕГІЮ УКРАЇНИ". Bulletin of the National Technical University "Kharkiv Polytechnic Institute" (economic sciences), № 2 (23 квітня 2024): 134–38. https://doi.org/10.20998/2519-4461.2024.2.134.
Texte intégralRésumé :
The purpose of the article is to substantiate the impact of global transformations on changes in the conjuncture of global commodity markets and service markets, as well as on the formation of Ukraine's national strategy for functioning in foreign sales markets. To achieve the goal, the following tasks were set: to analyze the positive and negative factors of globalization on the economy and life of countries, including Ukraine; to determine the impact of globalization processes on the conditions of the commodity markets of the European Union and its features regarding stock exchange trading of natural gas; propose strategic measures to improve natural gas exchange trading in Ukraine. Globalization transformations have positive and negative consequences, but for the developed countries of the world they are more positive. For developing countries and countries with a transition economy, negative consequences can lead to the loss of state independence. Therefore, Ukraine's strategy for exiting and functioning on international markets, especially on the markets of the European Union, is aimed at covering the deficit of the country's balance of payments. In the process of transformation, transnational and multinational corporations, economic and political groups appear, new rules and requirements arise, i.e. a new economic situation regarding trade in commodities, including natural gas. In the European Union, natural gas is traded on the following exchanges: ICE/APX (London); APX/NP-Endex (Amsterdam); Powernext (Paris); EEX (Leipzig). A system of hubs has been introduced for natural gas trade in the European Union, and the price is determined based on the location of gas supply (hub), takes into account seasonality and is based on the use of futures contracts. Exchange trading gives participants the opportunity to control commodity prices and purchase a strategic resource (natural gas) ahead of time, meeting the needs of the country, corporations, and enterprises in advance. Studies have shown the feasibility of using exchange trading of natural gas through hubs, therefore it is proposed to build three hubs in Ukraine - Western (Lviv), East-Central (Kharkiv, Poltava) and Southern (Odesa). The international strategy of Ukraine in relation to natural gas should be based on the formation of a mixed supply of gas (these can be players of the national market, European markets, the markets of the USA, Canada, Australia, etc.) on the stock exchange to establish optimal prices for natural gas in within futures contracts.
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Andriyanov, D. V. "Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem." Actual Problems of Russian Law 15, no. 6 (2020): 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
Texte intégralRésumé :
Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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Glushchenko, A. A. "Overview of international COVID-19 vaccines development and administration programs." Urgent Problems of Europe, no. 1 (2022): 58–93. http://dx.doi.org/10.31249/ape/2022.01.03.
Texte intégralRésumé :
The pandemic caused by the spread of the novel coronavirus has presented challenges to the international community that it has never faced before. The high rate of spread of the infection and the economic, social and political challenges associated with it have pushed individual states and international organisations to the limit in proposing the most effective methods to combat the pandemic. The article examines various examples of government support for vaccine development programs in the United States, the European Union, the United Kingdom, China and Russia, as well as the specifics of using COVID-19 vaccination programs in these countries. Based on the data presented in the article, it is concluded that government support for these programs become one of the most effective ways to increase the availability of vaccines for large-scale vaccination of citizens. Particular attention is paid to aspects of the regulatory environment for vaccine approval in a time of pandemic, the financing of vaccination programs, and international cooperation at WHO and UN level to counter the novel coronavirus pandemic. Additionally, the article analyzes contracts for the supply of vaccines in the United States, the European Union and the United Kingdom. Based on the data presented in the article, a conclusion is drawn about the possible reasons for the delays in the supply of vaccines under contracts concluded by the countries of the European Union. The results of this study can be used in the future to plan other vaccine development programs and strengthen government policy in the field of combating infectious diseases, strengthening public and private partnerships in the health sector.
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Kravchenko, M., O. Ilyash, L. Smoliar, К. Boiarynova, and O. Trofymenko. "Changes in the energy supply strategy of the EU countries amid the full-scale Russian invasion." IOP Conference Series: Earth and Environmental Science 1126, no. 1 (2023): 012035. http://dx.doi.org/10.1088/1755-1315/1126/1/012035.
Texte intégralRésumé :
Abstract Russia’s full-scale invasion of Ukraine could have a profound impact on short-term solutions to the energy crisis (due to the loss of long-term contracts for additional volumes of Russian gas). It could block a unified agenda because of diverging interests of European countries, reduce European negotiating power, and therefore, weaken Europe’s resistance to Russian energy coercion in the long term. The article confirms the hypothesis that the European energy crisis leads to a slowdown in production and is caused primarily by smaller gas reserves, higher prices and tighter global supplies. Based on the study of a specially developed index and the results of assessing the state of energy independence of the European Union since the beginning of the 21st century made it possible to carry out the task of researching changes in the energy supply system of the EU countries against a background of the Russian war. The demonstration of a map of the most relevant ways of importing pipelines to the EU indicates the need to change the directions of diversification of the energy imports structure. The goal-setting of the directions of implementing the «Fit For 55» programme regarding the reduction of gas consumption by 2030 was studied and the strategy of reducing the dependence of the European Union on Russian gas was analysed.
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Imamova, Dilfuza. ""INTERNATIONAL DISTRIBUTION CONTRACT AND AGENCY CONTRACT: SIMILARITIES AND DIFFERENCES "." Review of Law Sciences 9, no. 1 (2025): 18–30. https://doi.org/10.51788/tsul.rols.2025.9.1./vdti3639.
Texte intégralRésumé :
"The article analyzes the main aspects of international distribution and agency agreements, as well as the similarities and differences between them. The subject of the research is the legal regulation of international distribution and agency agreements. The purpose of the research is to identify the peculiarities of the regulation of these contracts in various legal systems and to substantiate the need for their legal consolidation in the legislation of the Republic of Uzbekistan. The relevance of the topic is due to the intensification of international trade relations, the need for clear legal regulation of intermediary agreements in cross-border activities, as well as the absence in the current legislation of Uzbekistan of the rights and legal norms applicable to these types of agreements. The problem of the research is the lack of unified standards at the international level and gaps in national legal regulation, which complicate the application of law and create legal uncertainty for participants in foreign economic activity. The research methodology was based on the method of comparative legal analysis based on the legislation and law enforcement practice of the European Union, the USA, and Latin American countries; international recommendations; model agreements; as well as scientific and theoretical sources. Systematic, logical, and formal-legal analysis methods were used. The results of the study showed that there are significant differences in the regulation of distribution and agency contracts in different countries: In the European Union, agency contracts are strictly regulated in accordance with Directive 86/653/EEC; in the USA, distributors have the same freedom as independent entrepreneurial activity; Latin American countries have extensive legislation covering this type of contract. At the same time, it was revealed that there are no universally recognized standards regulating distribution agreements at the international level, and there are also insufficient unified norms for agency agreements. The practical significance of the research results lies in the fact that, on their basis, it is possible to improve the civil legislation of the Republic of Uzbekistan, in particular, by including separate chapters regulating distribution and agency contracts in the Civil Code. This creates a solid legal basis for protecting the interests of the parties in mediation relations. The conclusions of the study emphasize the need for legislative consolidation of distributorship and agency agreements in national legislation. It is proposed to include in the Civil Code of the Republic of Uzbekistan separate chapters regulating such aspects as the concept of these contracts, the procedure for their conclusion, the rights and obligations of the parties, the procedure for their termination, and liability. The need to supplement the norms on the definition of applicable law in international mediation agreements is also noted. In the conclusion, the author formulated author’s definitions reflecting the specifics and characteristics of international distribution and agency contracts. "
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Ślęzak, Jarosław. "Polityka migracyjna Unii Europejskiej a problem integracji imigrantów w Niemczech, Francji i Holandii." Cywilizacja i Polityka 16, no. 16 (2018): 392–403. http://dx.doi.org/10.5604/01.3001.0013.1598.
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Several stages can be distinguished in the EU migration policy. Member States within the European Communities have adopted internal regulations on economic migrants. Since the 1980s, the process of regulating the migration problem by the countries of the European Community has begun. The most important activities are TREVI agreement, Schengen, the TAMPERE Program, the Hague Program, FRONTEX, EURODAC, the Integrated Border Management Fund and the European Return Fund. The European Union has demonstrated a global approach to migration. The migration crisis has influenced the emergence of a new immigrant integration policy in Germany, France and the Netherlands. Contracts have been created for immigrants, which force them to learn a language, take up jobs and adhere to the principles of European values and culture.
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Ten Wolde, Mathijs H. "Balancing Consumer Rights and Business Interests in Online Cross-Border Consumer Contracts." Journal of Central Banking Law and Institutions 1, no. 1 (2022): 1–22. http://dx.doi.org/10.21098/jcli.v1i1.11.
Texte intégralRésumé :
Protection of consumers as weaker parties is an important goal in Indonesian society and in Indonesian law. The same applies to the EU Member States. When it comes to crossborder consumer contracts, special rules are needed to ensure this goal can still be achieved. In this regard the European Union developed rules on jurisdiction and applicable law which apply both to situations exclusively connected with EU Member States and to international situations connected with third countries. The Brussels I Regulation pursues an objective of legal certainty which consists in strengthening the legal protection of persons established inthe European Union, by enabling the applicant to easily identify the court in which he may sue and the defendant reasonably to foresee before which court, he may be sued. The Rome I Regulation does the same for the law regulating the protection of the consumer. This way both the aims of protection of the weaker consumer and legal certainty on the side of the commercial party go hand in hand. Where legal certainty is an important precondition for international trade and thus for a nation’s economy, clear rules are needed. By presenting the EU rules in the dynamics of the caselaw of the European Court of Justice, this article aimsto contribute to the discussion on how future cross-border consumer protecting regulations could be shaped in Indonesia and ASEAN.
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Chandak, Aashana. "Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions." International Journal of Innovative Science and Research Technology 5, no. 7 (2020): 1333–36. http://dx.doi.org/10.38124/ijisrt20jul858.
Texte intégralRésumé :
Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions
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Radwanowicz-Wanczewska, Joanna. "Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland." Studies in Logic, Grammar and Rhetoric 65, no. 1 (2020): 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.
Texte intégralRésumé :
Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.
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Kovalenko, I. "The impact of European law on national legislation and the need to harmonize contract law of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 186–91. http://dx.doi.org/10.24144/2307-3322.2023.78.1.30.
Texte intégralRésumé :
The practical implementation of the harmonization of Ukrainian legislation with European law includes harmonization of legislative acts, implementation of European standards, institutional reforms, information campaign and education, international cooperation, creation of specialized bodies, strengthening of legal education and training, monitoring and evaluation of implementation. The practical implementation of harmonization contributes to the creation of a consistent and modern legal system, ensures the protection of citizens’ rights, promotes economic development and promotes international cooperation.In general, the harmonization of contract law of Ukraine with European law is an urgent task that contributes to the development of the economy, increased protection of the rights and interests of citizens and enterprises, improvement of the legal system and international cooperation. The relevance of harmonizing Ukrainian contract law with European law arises for several key reasons, this is: integration with the European Union, promotion of economic development, protection of rights and interests of citizens and enterprises, promotion of international cooperation.Harmonization of contract law of Ukraine with European law contributes to the improvement of cooperation with European countries and other countries that adopt European standards. This opens up new opportunities for trade, investment and cultural exchange, etc.Harmonization of contract law refers to the process of alignment and unification of norms and principles relating to the conclusion, performance and termination of contracts, with the aim of ensuring their mutual compatibility and the implementation of generally accepted standards in this area.Harmonization of contract law is usually aimed at creating a single legal space where different countries or regions have common norms and rules governing contractual relations. This allows for equal conditions for all market participants, increases transparency and predictability, reduces risks and increases trust between parties.Harmonization can be achieved by harmonizing and unifying national laws and regulations, or by adopting international treaties, conventions or recommendations that become binding on participating countries.Harmonization of contract law contributes to the creation of a favorable environment for business and international trade, simplifies the crossing of borders and the implementation of international transactions. It also helps to avoid disagreements and contradictions in legal regulation, ensuring stability and predictability of legal relations.
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Yudina, O. "Forming the European Union Common External Energy Policy: Key Events and Results." World Economy and International Relations 65, no. 5 (2021): 39–48. http://dx.doi.org/10.20542/0131-2227-2021-65-5-39-48.
Texte intégralRésumé :
Received 08.05.2020. Energy has always been of particular importance to the European Union. Meanwhile, up to the beginning of the 21st century, this area had been in exclusive competence of member states, with timid attempts of the European Commission (EC) to receive part of the powers in the energy sphere. The article is devoted to the issues of the EU common external energy policy development that was accompanied by a dichotomy of interests between the member-states, which hardly like the idea of the energy sector communitarisation, and the European Commission, which has been the main driver of supranationalisation of the energy sphere for a long period of time. The author characterizes the main achievements towards the EU common external energy policy, including the law regarding the export of energy to neighboring non-member countries through various organizations, such as the Energy Community, the Eastern Partnership, MEDREG, and launching of the European Energy Union (EEU) in 2015. Special attention is paid to external factors that facilitated the enhancement of the European Commission’s role in the energy sphere. The new era for the EU common external energy policy started in 2015 with the EEU and energy security as one of its priority, partly due to the gas crises and political tension between the European Union and Russia. It is noted that the EEU has facilitated the adoption of some EC’s legal proposals that could not be adopted for a long time, such as the mechanism of consultations on new intergovernmental contracts. In general, the creation of the Energy Union should certainly be seen as strengthening the supranational energy competences of the European Commission. It is concluded that the European Commission has made a significant progress towards a common external energy policy, strongly supported by the public opinion that the European Union should speak one voice with third countries. Despite the lack of legally supported competencies in energy for the EC, it gained authority in different directions of the EU energy policy development. Under these circumstances, the common energy market that has led to energy interdependent of the member states, forces them to cooperate at a supranational level. The author argues that third countries should clearly understand the dynamic and processes of communitarisation of the energy sphere and adopt their cooperation with the European Union based on this knowledge.
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Högberg, Björn, Mattias Strandh, and Anna Baranowska-Rataj. "Transitions from temporary employment to permanent employment among young adults: The role of labour law and education systems." Journal of Sociology 55, no. 4 (2019): 689–707. http://dx.doi.org/10.1177/1440783319876997.
Texte intégralRésumé :
Temporary work is common across Europe, especially among young people. Whether temporary employment is a transitory stage on the road to standard employment, and whether this varies depending on institutional contexts, is controversial. This article investigates variability in transition rates from temporary to permanent employment across Europe, and how this is related to employment protection legislation (EPL) and the vocational specificity of education systems. We utilize harmonized panel data from the European Union Statistics on Income and Living Conditions, covering 18 European countries and including 34,088 temporary workers aged 18–30. The results show that stricter EPL is associated with lower rates of transitions to permanent employment, while partial deregulation, with strict EPL for permanent contracts but weaker EPL for temporary contracts, is associated with higher transition rates. Vocationally specific education systems have higher transition rates, on average. Moreover, the role of EPL is conditional on the degree of vocational specificity.
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Al-Enizi, Ziad Kh, and Waleed Fouad Mahameed. "Protection of employees in international employment contracts." Journal of Governance and Regulation 12, no. 1 (2023): 75–81. http://dx.doi.org/10.22495/jgrv12i1art7.
Texte intégralRésumé :
This study investigated the level of labor protection as per the international labor contract. Thus, the way applicable law is applied to international labor relations in Jordan and other Arab countries such as Kuwait and Bahrain, and Rome I Regulation were discussed (Council of the European Union, 2008). This was done to evaluate labor protection in Jordan compared to the other countries. Attempts were made to raise the problem, delineate the ongoing situation in Jordan, and suggest suitable solutions. The analytical method, and the survey of judiciary literature and relevant legal documents showed labor protection in Jordan is not suitable. This is because the Jordanian judiciary is contradictory regarding the interpretation of occurrences related to determining the applicable law, for there are no clear, explicit legal provisions in this regard. It was also suggested that the Jordanian legislator intervenes to protect the labor and provides legal regulations on the application of law. This study has provided the fertile soil for beneficiaries to enhance labor protection to make it conform to international standards, and for future research to aim at this purpose, and deal with labor rights in remote work or work performed in more than one country.
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MOSNEAGA, Valeriu, and Gheorghe MOSNEAGA. "Moldovan labor migration into the European Union." Moldoscopie 1 (LXXXIV) (March 15, 2019): 154–86. https://doi.org/10.5281/zenodo.3366059.
Texte intégralRésumé :
The article gives a characteristic of Moldovan labor migration into the European Union. The authors show that Moldovan labor migration into the EU begins in the second half of the 1990’s. Since the late 1990’s – the early 2000’s, it acquires a mass character. The main reasons of Moldovan migration into the European Union are economic reasons. The factors that determine the choice of country for labor migration are varied. These are the desire to earn more money and to provide the growth of welfare for themselves and their family; lingual proximity; the presence of social capital, and others. The different forms of infiltration and stay in the EU that are used by the Moldovan labor migrants are uncovered. Among these, tourist visas, illegal border crossings, illegal employment and legal individual and collective labor contracts, labor quotas, the visa-free regime and labor visas are noted. The process of formation of Moldovan communities in the EU is becoming massive since the 2000’s. The most attractive countries for Moldovan labor migration are Italy, Germany, France, the UK, Spain, Czechia, and Portugal. Italy is the absolute leader in attracting Moldovan labor migrants. The formation of Moldovan communities in the EU corresponds to world practice: starting with the familiarization with the capital cities, the migrants gradually familiarize themselves with the accepting country’s other regions. The Moldovan communities form primarily through the presence of labor migrants of young ages. Typical, especially on the early stage, is the clearly defined gender direction, conditioned by the requirements of the labor market in the destination countries. The consolidation of migrant communities leads to the expansion of the range of age structure and to the leveling of the sex/ gender structure of the Moldovan communities. Male Moldovan labor migrants are mainly engaged in constructions, women – in the field of housekeeping and nursing services. Gradually, the field of their labor activity expands; they work in different fields, including prestigious and highly paid ones. Among the Moldovan labor migrants, there is also a growth in the number of businessmen. However, even today, most migrants are engaged in work that is of lower status than their actual education and qualification. An analysis of the main trends of Moldovan labor migration into the European Union shows that Moldovan migrants are demonstrating their desire to integrate into the accepting society, to transform their status from illegal into legal, from unqualified into professional status, that corresponds to their level of education, qualification, and experience of labor activity. Among the Moldovan labor migrants there is an increasing number of people in possession of double and triple citizenship. There is a clear tendency to obtain the citizenship of the country of residence. From labor migrants they turn into labor emigrants, their future plans and strategies change. They are striving to become fullfledged citizens of their new homeland, and have no desire to return to Moldova. The EU visa-free regime with the Republic of Moldova is creating new possibilities for Moldovan labor migration into EU countries. The amount of Moldovan short-term labor migrants into EU countries in the conditions of the visa-free regime has increased more than twice. Temporary stay in the accepting country and labor activity, as a rule, does not alter the decision to return home with the majority of the short-term Moldovan migrants
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Putra, Rengga Kusuma, Adi Suryo Ramadhan, Tri Imalia, Greget Widhiati, and Kapsah. "Perlindungan Hukum bagi Pekerja Gig Economy: Perspektif Hukum Perdata di Indonesia." Perkara : Jurnal Ilmu Hukum dan Politik 2, no. 4 (2025): 553–64. https://doi.org/10.51903/perkara.v2i4.2227.
Texte intégralRésumé :
The gig economy has emerged as a global phenomenon, reshaping traditional work patterns, including in Indonesia. While offering flexibility to workers, this work model poses significant challenges concerning legal protection, especially in work relationships mediated by digital platforms. Gig workers often find themselves in vulnerable positions due to insufficient regulations and an imbalance in bargaining power between them and digital platforms. This study aims to analyze the legal protection for gig economy workers in Indonesia from a civil law perspective, highlighting gaps in existing regulations and offering recommendations for reform. This research employs a qualitative approach with a descriptive-analytical method. Data were obtained through literature review, analysis of electronic work contracts, and comparisons with gig economy regulations in other countries, such as the European Union and the United States. The findings reveal that electronic work contracts used by digital platforms in Indonesia are often unfair and favor the platforms. Furthermore, Indonesia’s gig economy regulations do not provide adequate protection, unlike countries such as the European Union, which have established minimum standards for gig workers' protection. This imbalance adversely affects gig workers’ welfare, including financial insecurity and lack of access to social security. This study contributes to the development of a more inclusive and equitable regulatory framework for gig workers in Indonesia. The implications include the need for civil law reforms to govern gig economy work relationships and the use of technology as a tool to enhance legal oversight. This research also lays the groundwork for future studies exploring the implementation of gig economy regulations in the context of other developing countries.
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Ryan, Lorraine, Juliet MacMahon, Michelle O’Sullivan, et al. "The Same but Different: Regulating Zero Hours Work in Two Liberal Market Economies." Irish Journal of Management 38, no. 1 (2019): 3–15. http://dx.doi.org/10.2478/ijm-2019-0002.
Texte intégralRésumé :
AbstractThe rise in zero hours contracts in liberal market economies (LMEs) has recently received much attention with calls for regulation to protect workers. LMEs typically adopt flexible labour market policies that are less regulated than coordinated market economies (CMEs) as a competitive advantage. In this paper we examine nuanced differences in the nature and regulation of zero hours work in the United Kingdom (UK) and Ireland. With an increased diffusion of zero hours work in both countries, we examine the different responses taken by these similar LMEs to this contemporary employment issue. We examine whether, as expected in an LME context, there is weak regulation in both countries and the factors influencing this. We find subtle but important differences between regulations of zero hours contracts. We conclude by discussing the possible implications of the UK’s exit from the European Union (EU) (Brexit) for the regulation of precarious work.
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Lubelska-Sazanów, Małgorzata. "The Wild Differences in Law when Trading in Wild Animals: a US and EU Perspective." American Journal of Trade and Policy 5, no. 2 (2018): 39–48. http://dx.doi.org/10.18034/ajtp.v5i2.434.
Texte intégralRésumé :
This paper aims to show the differences between a regular animal trade and trade in wildlife in the European Union (EU) and in the United States (USA/US). Although the ideas towards using the international sale of animals are similar in the US legal system and in the EU legal system, they have very different foundations. The European model aims for policy – neutral rules of private international law agreed on a multilateral basis, whereas the American approach uses unilateral rules of private international law based on a country’s own domestic interests. Even though there are still no binding international conflict of law rules that would apply to contracts between parties from the US and European countries, this problem could easily be solved in contract law by choosing the law applicable to the contract. However, though the conflict of law rules in the situation where one of the States of the USA is involved might be different in each case. That is the reason why the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was drafted. Unfortunately, the conclusion based on the material presented in the article is that CITES is not effective enough. Therefore, although the law on the sale of animals leads to similar solutions in USA and in EU, even though it is based on different legal systems (common law and civil law countries), it leads to totally different solutions concerning the law on wild animals.
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Melnychenko, Oleksandr, Tetyana Kalna-Dubinyuk, Olha Vovchak, and Tetiana Girchenko. "The influence of climate change on the life insurance in the EU: A panel data approach." E3S Web of Conferences 307 (2021): 07001. http://dx.doi.org/10.1051/e3sconf/202130707001.
Texte intégralRésumé :
The financial sector, as one of the most sensitive economic sectors, is alert to all trends and changes in the environment. The aim of the article is to study the impact of climate change on the life insurance market using panel data from 28 countries of the European Union (EU) for the last 9 years. This study is based on a panel model, where the amount of premiums under life insurance contracts is defined as a function of the fundamental factor of climate change - greenhouse gas emissions. According to empirical findings, an increase in greenhouse gas emissions per thousand tons leads to an increase in the amount of life insurance premiums by 0.1786 million euros. It has also been found that an increase in greenhouse gas emissions per thousand tons leads to an increase in deaths in the European Union by 1.0442 people, and these consequences are statistically significant. In general, our results suggest that the life insurance market as well as the non-life insurance market is dependent on climate change. The empirical results of this study provide valuable insight into how greenhouse gas emissions affect mortality in the European Union.
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Ates, Leyla, Moran Harari, and Markus Meinzer. "Positive Spillovers in International Corporate Taxation and the European Union." Intertax 48, Issue 4 (2020): 389–402. http://dx.doi.org/10.54648/taxi2020035.
Texte intégralRésumé :
The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
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Coetzee, Juana. "A Pluralist Approach to the Law of International Sales." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (April 3, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1355.
Texte intégralRésumé :
International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.
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Vagina, І. "Foreign experience of legal regulation of the conclusion of contracts between mother, father and children." Uzhhorod National University Herald. Series: Law 1, no. 75 (2023): 161–66. http://dx.doi.org/10.24144/2307-3322.2022.75.1.26.
Texte intégralRésumé :
In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.