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Littérature scientifique sur le sujet « Records – Law and legislation – European Union countries »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Records – Law and legislation – European Union countries"

Wilson, Kerianne. « Gone With the Wind ? : The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World ». Air and Space Law 41, Issue 3 (1 mai 2016) : 229–64. http://dx.doi.org/10.54648/aila2016019.

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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.

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Doetsch, Julia Nadine, Vasco Dias, Marit S. Indredavik, Jarkko Reittu, Randi Kallar Devold, Raquel Teixeira, Eero Kajantie et Henrique Barros. « Record linkage of population-based cohort data from minors with national register data : a scoping review and comparative legal analysis of four European countries ». Open Research Europe 1 (27 mai 2021) : 58. http://dx.doi.org/10.12688/openreseurope.13689.1.

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Background: The General Data Protection Regulation (GDPR) was implemented to build an overarching framework for personal data protection across the European Union/Economic Area (EU/EEA). Linkage of data directly collected from cohort participants based on individual consent must respect data protection rules and privacy rights of data subjects. Our objective was to investigate possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states. Methods: A legal comparative analysis and scoping review was conducted of openly online accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021. Results: EU/EEA has limited legislative authority over member states. The GDPR offers flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Data Protection Supervisory Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment. Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for scientific research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.

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Fihura, V. O. « THE NEED TO IMPLEMENT THE API/PNR SYSTEM AND THE CONCEPT OF INTERVIEWING ». Constitutional State, n^o 48 (19 décembre 2022) : 24–31. http://dx.doi.org/10.18524/2411-2054.2022.48.267960.

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The article reveals issues regarding the possibility of implementing the API/PNR system in Ukraine in order to ensure national security and border security of our state. Emphasizing that the basis for the future implementation of advance passenger information and passenger registration records was the signing of the Agreement between the Governments of Ukraine and the United States in 2021. According to the agreements, international airports were to be the first checkpoints where API/PNR was planned to be launched, but, unfortunately, the undeclared war by the Russian Federation and the closing of the air gates of Ukraine did not give an opportunity to start preparations for the operation of this system in time. The implementation of this system in Ukraine will ensure more effective counteraction to cross-border crime at the state border and will provide an opportunity to identify not only persons involved in illegal activities, but also persons who may be potential terrorists, illegal migrants, and drug couriers. It should be noted that the API/PNR system has proven itself positively in most developed countries of the world, such as the United States of America, Canada and most countries of the European Union. So, for example, in European countries, the functioning of this system made it possible to effectively fight and detect potentially illegal migrants, terrorists, people involved in human trafficking among flight passengers. Along with the introduction of the system of advance passenger information (API) and passenger registration records (PNR), we considered the issue of introducing and enshrining at the legislative level the concept of “interviewing”, which, in turn, would provide an additional opportunity for law enforcement agencies to counter organized crime on the state border of Ukraine. Noting the fact that Ukrainian legislation does not provide for the functioning of the API/ PNR system and does not define the body that will be empowered to work with it.

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Makhamataminovich, Makhamatov Mahmud. « FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION ». American Journal of Political Science Law and Criminology 03, n^o 01 (1 janvier 2022) : 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.

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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.

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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.

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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

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Okuyucu-Ergün, Güne. « Anti-Corruption Legislation In Turkish Law ». German Law Journal 8, n^o 9 (1 septembre 2007) : 903–14. http://dx.doi.org/10.1017/s2071832200006040.

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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

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Cyman, D., E. Gromova et E. Juchnevicius. « Regulation of Artificial Intelligence in BRICS and the European Union ». BRICS Law Journal 8, n^o 1 (11 avril 2021) : 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.

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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.

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Timofeyeva, Liliya. « EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME ». European Historical Studies, n^o 21 (2022) : 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.

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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.

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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, n^o 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.

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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.

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Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, n^o 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.

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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.

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Thèses sur le sujet "Records – Law and legislation – European Union countries"

RODRIGUES, DE OLIVEIRA Ricardo Filipe. « Hello. It’s me. : the invisible journey and uncertain validity of passenger name records ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73101.

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Defence Date: 22/11/2021; Examining Board: Prof. Albertina Albors-Llorens (Cambridge University);Prof. Deirdre Curtin (European University Institute);Prof. Valsamis Mitsilegas (Queen Mary University of London);Prof. Joanne Scott (European University Institute)
With the approval of Directive (EU) 2016/681 on the use of Passenger Name Records (PNR), the personal information provided to carriers by air passengers crossing European Union (EU) borders is available for mining by national law enforcement, third countries, and Europol. This is in line with other pre-emptive security policies, but it goes further in generalizing suspicion over large numbers of EU and non-EU travelers. After years of pressure from the United States under the banner of the global war on terror, air companies are no longer between a rock and a hard place. They are now able to lawfully disclose big data gathered as part of the normal course of business. Following booking and reservation, up to 19 items of individual data must be provided to Passenger Information Units for criminal investigations and other appropriate actions. The intra-EU PNR system has managed to fly under the radar of scholars and public opinion. Most specialized literature is limited to superficial discussions on security and privacy. There is insufficient research looking at it comprehensively and in detail. This thesis explores this novel security policy in depth and questions its validity. It argues that the PNR scheme should be invalidated by the Court of Justice of the EU for two reasons. In the first place, the Union was not competent to approve a secondary law so intrusive to the national security agendas and policies of the member states. Secondly, the Directive disproportionately encroaches upon the fundamental rights of passengers. There is, as yet, no doctoral project which analyzes the EU PNR so thoroughly. This work fills a gap in scholarly writing regarding fundamental rights and creeping competences in EU law. Its novelty lies in questioning issues that have been overlooked, or insufficiently addressed, in the journey of the PNR Directive.

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Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.

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Li, Lei. « Community interest in the European antidumping law ». Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.

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Zhu, Feng. « EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.

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Li, Wen Jing. « Water governance in a changing climate : adaptation strategy of EU water law ». Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.

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Wang, Xi. « Importance of community interest in EU anti-dumping legislation and practice :lesson for China ». Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525639.

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Lu, Lu. « Anti-dumping actions against China : a comparison of European Community and Indian laws and policies ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b1951584.

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Bao, Yong Liang. « Meeting the challenge of EU enlargement : approximation of Environmental legislation ». Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b2185450.

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Zhou, Jia Lei. « EU water law : the right balance between environmental and economic considerations ? » Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637070.

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Santos, Duarte. « Mudam-se os tempos mudam-se os casamentos ? O casamento entre pessoas do mesmo sexo e o direito Portugues ». Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1796124.

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Livres sur le sujet "Records – Law and legislation – European Union countries"

Carey, Peter. Data protection : A practical guide to UK and EU law. 3^e éd. Oxford : Oxford University Press, 2009.

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M, Carey Peter LL, dir. Data protection : A practical guide to UK and EU law. 3^e éd. Oxford : Oxford University Press, 2009.

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M, Carey Peter LL, dir. Data protection : A practical guide to UK and EU law. 2^e éd. Oxford : Oxford University Press, 2004.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main : P. Lang, 2008.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main : P. Lang, 2008.

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Schütze, Robert. EU treaties and legislation. New York : Cambridge University Press, 2015.

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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.

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Jeff, Kenner, et European Union, dir. European Union legislation statutes 2009-2010. New York, NY : Routledge, 2009.

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Siegfried, Fina, Stanford-Vienna Transatlantic Technology Law Forum., Forum on Contemporary Europe et Stanford Center for E-Commerce, dir. European Union e-commerce law : Consolidated legislation. Stanford, Calif : Stanford Law Books, 2008.

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1956-, Wattèl Peter Jacob, dir. European tax law. 5^e éd. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2008.

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Chapitres de livres sur le sujet "Records – Law and legislation – European Union countries"

Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.

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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.

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Čtvrtník, Mikuláš. « Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives : International Comparison, Germany and “Protection of Legitimate Interests” ». Dans Archives and Records, 19–53. Cham : Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.

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AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.

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Hemels, Sigrid. « Social Enterprises and Tax : Living Apart Together ? » Dans The International Handbook of Social Enterprise Law, 77–100. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_5.

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AbstractThis chapter examines the complex relationship between social enterprises and taxation. The focus is not on a specific country, although various examples are mentioned. As specific tax measures for social enterprises are a form of tax incentives, the chapter discusses this public finance concept. In addition, an important legal constraint on introducing such incentives for social enterprises in the European Union (EU) is discussed: the prohibition of state aid. From an analysis of the taxation of profits of social enterprises, it turns out that only a few countries have implemented tax incentives to further social enterprise models. Some social enterprises may meet the charity definition and thus benefit from tax incentives for charities. The drawback might be that it may require social enterprises to use next best legal forms. The chapter also discusses the relevant tax aspects for funders of social enterprises. Tax rules can especially be detrimental to the funding of high-risk social enterprises. Social enterprises also encounter value-added tax (VAT) issues. The VAT that applies in the EU has been copied (with variations) by many non-EU Member States. For that reason, this chapter focusses on the EU VAT legislation as included in the VAT. Problems emerging from the impossibility to deduct input VAT can best be solved outside the VAT framework.

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Celeste, Edoardo, et Federico Fabbrini. « Competing Jurisdictions : Data Privacy Across the Borders ». Dans Palgrave Studies in Digital Business & ; Enabling Technologies, 43–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.

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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.

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Broom, Donald M. « EU regulations and the current position of animal welfare. » Dans The economics of farm animal welfare : theory, evidence and policy, 147–55. Wallingford : CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.

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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.

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Hajnal, Zsolt. « The Emergence of Member States’ Characteristics in European and National Consumer Law ». Dans The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.

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European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.

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Pahl, Bogumił, et Michał Mariański. « Evolution of the Taxation of Wind Power Plants in the Polish Tax Law ». Dans European Financial Law in Times of Crisis of the European Union, 477–86. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.45.

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The general purpose of the article is to present in a comparative perspective how the principles of the taxation of wind power plants have evolved. In the Polish tax law, over the past several years, the legislature has undertaken considerable efforts to modify those principles. The lack of the stability of tax legislation may prove to be one of the main reasons for discouraging economic operators from pursuing such investments. Most evidently, the lawmakers do not have a clear vision of a coherent and permanent legal framework in this aspect. The purpose of this article is to present how the principles of the taxation of wind power plants in Poland have evolved. Perhaps the wider experience of other European countries in this regard will help to develop a model of the taxation of wind power plants not only in Poland but also in other East and Central European Union Countries.

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Peter, Nobel, et Kaempf Markus. « Part VI European Securities Markets Supervision, 17 Regulation and Consolidation of European Markets and Exchanges ». Dans Financial Markets and Exchanges Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827528.003.0017.

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This chapter puts an emphasis on the regulation of marketed products, conduct of the issuers and operators, and the distribution of financial instruments. It mentions the basic provision on cross—border investment in the European Union (EU) that is found in Art 63 of the Treaty on the Functioning of the European Union (TFEU), which guarantees the free movement of capital. It also explains the difference of the freedom of movement of capital from all other economic freedoms provided by TFEU. This chapter describes how market participants from non—EU countries benefit from the freedom of movement of capital, which does not need any implementing legislation at member State level. It also discusses how the freedom of capital movement lays down a general prohibition that goes beyond the mere elimination of unequal treatment on grounds of nationality.

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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie et Gordon Wright. « Patents and Competition Law—United Kingdom and European Union ». Dans Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0029.

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This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.

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Bugarski, Tatjana. « Serbia : Criminal Law of the Republic of Serbia ». Dans Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 157–204. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_6.

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The criminal legislation of the Republic of Serbia has a legal tradition of nearly a century. Moving through its development, today, it is at the level of modern criminal justice systems, which is largely in line with generally accepted international legal standards that ensure effective legislation while protecting and ensuring basic human rights. Intensive reforms of criminal legislation in the Repub- lic of Serbia started at the beginning of the 21st century. Although legislative interventions in the field of criminal law have been highly intensive both quantitatively and qualitatively over the last two decades, it must be stated that the same trend is noticeable in other European countries, even those that traditionally have stable criminal legislation. The development of criminal legislation is, on the one hand, conditioned by the harmonization of criminal legislation with the law and standards of the European Union, while, on the other hand, the legislature is guided by other reasons because regardless of how much one strives for stable criminal legislation, one cannot deny the dynamic character of crime, the intensity of which is accompanied by social, political, economic, and other changes that have accelerated in the modern world. The paper presents an overview of the criminal legislation of the Republic of Serbia regarding the following issues: a brief history of its development, the primary legal sources, relevant institutions, and a comparison with relevant EU documents and key international trends.

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Actes de conférences sur le sujet "Records – Law and legislation – European Union countries"

Silovs, Mihails, et Olga Dmitrijeva. « Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union ». Dans 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.

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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.

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Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.

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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.

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Popa, Luminita. « "ELECTRONIC SHEET OF PRACTICE" USED IN ROMANIAN STUDENTS' INTERNSHIP ACTIVITIES ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-072.

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Practice in Romania universities is regulated by the Education Law, which stipulates the students' obligation to perform it. In the case of students' specialty professional practice at economic agents, the Labor Code has also provisions that apply to them. The Labor Code is completed by the other provisions of labor legislation in Romania, in harmony with EU norms and rules of international labor law. The orders of the Ministry of Education on professional practice stipulates that conducting internship in university programs is developed under the Framework Convention between the organizer of practice (university), practice partner (economic agent) and practitioner (student). The Electronic Sheet of Practice (ESP) requires also three different perspectives for student practitioner, faculty member (practice mentor) and economic agent. Using Electronic Sheet of Practic instrument, faculty members practice mentors can post their programs including students' practice results. The existence of such assessment tools and their use in accordance with the law governing the practice of students ensure professional assessment and uniformity of training, fostering their careers accessibility. Such tools, appropriate to each stage of specialty practice development, could be judiciously organized in the European Union countries. The need for such tools, which represent a support unit for the specialty practical training of students, is felt during this period in Romania, which, as its membership of the European Union, must find solutions to meet both commitments and to resolve social problems they face. The educational activities and products of the project, are evaluated favourably by the students who intend to continue their implementation, including in new projects development of the some aspects of the project developed.

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Bodul, Dejan. « WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.

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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.

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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.

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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.

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