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791 result(s) for "European (EC) Law"
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The role of EU agencies in fighting transnational environmental crime : new challenges for Eurojust and Europol
\"The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national, EU, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study by Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately exploited with regard to fighting this phenomenon effectively\"--Back cover.
Disinformation tackling in the metaverse and the Digital Services Act
The emergent metaverse presents novel challenges for online information integrity. Disinformation in immersive environments can be particularly pernicious, blurring the lines between reality and fiction. This study explores the multifaceted phenomenon of disinformation in metaverse, examining its potential forms, methods of propagation and the unique risks it poses. We then delve into the regulatory landscape, specifically analysing the EU’s Digital Services Act (DSA) as a potential framework to combat disinformation in this new virtual frontier. In doing so, the study assesses the strengths and limitations of the DSA in addressing the complexities of metaverse disinformation. Through critical analysis, we explore how the DSA’s specific scope and provisions on content removal, platform accountability and transparency can be adapted to the metaverse context.
Efficiency of CFC taxation concerning hybrid instruments – a comparative analysis of Spain, Germany, and Austria
The objective of this study is to show that an indirect interest in a controlled foreign corporation (CFC) through hybrid participation instruments may not be subject to CFC taxation. This is the case where the taxpayer holds a hybrid participation instrument in a foreign intermediary company (equity-like profit participation rights) and the intermediary company holds an interest in the share capital of the CFC. In such an ownership structure, the CFC rules of some countries have a structural weakness. This issue has not yet been examined in the literature. Methodologically, the research questions are pursued with a theoretical and legal analysis. This study is groundbreaking because it is the first to analyse the effectiveness of CFC legislation, which was introduced for the first time in all 27 EU Member States in 2019 as a result of the OECD’s BEPS initiative (ATAD), in the case of hybrid participation instruments. It breaks new ground in focusing on the interaction of hybrids with CFC rules. This study not only identifies the deficiencies of the current CFC legislation but also develops a concrete reform of the laws to close these gaps. The results of the study on strengthening the taxation of CFCs make a significant contribution to curbing international profit shifting.
Some legal aspects of personal data protection in the world-experience for Vietnam
The Fourth Industrial Revolution has been taking place strongly on a global scale, besides the positive side, the explosion of technological achievements has raised many issues related to individuals' rights to their data. In Vietnam, in order to concrete the 2013 Constitution on recognizing, respecting, ensuring human rights, basic rights and personal data protection of citizens, in 17 April 2023, the Vietnamese Government has issued the Decree 13/2023/ND-CP on personal data protection. Because of the relationship between the right to privacy and personal data, this article provides an overview of right to privacy in the international and Vietnamese legal documents, then presents an overview of personal information and personal data in Vietnamese legal documents and at the same time introduces the concept of personal data in Vietnam. In addition, this article also presents some current legal models in the world on personal data protection and the choice of Vietnam. Based on a comparison of regulations in European Union and Asian countries, including Poland, the United Kingdom, Korea, and Japan, on personal data protection agencies, this article proposes the principle of independence in performing the functions, tasks, and powers of personal protection agencies in Vietnam today.
Navigating UNCRPD concluding observations on Article 27: policy exploration on disability inclusive employment
To explore critical concerns and recommendations outlined by the United Nations committee in its Concluding Observations on Article 27, focusing on addressing challenges related to disability employment. The study aims to identify and accumulate insights of the UN committee informing directions towards framing effective strategies for enhancing inclusive employment opportunities for PWDs. The study design involves qualitative exploration of the relevance between the concerns and recommendations under Article 27, based on concluding observations across eleven state parties from five continents. The sample nations selected are the top-developed countries according to the Human Development Index. Content analysis is employed to analyze the compliance status of state parties in the concluding observations made by the UN Committee of CRPD. The findings systematically categorize 21 causative factors, consequential effects and proposed policy interventions across legislative, administrative, judicial, civil society and employer-centric obligations. The study concludes that while the UNCRPD recommendations hold legal legitimacy, their lack of specificity necessitates more targeted policy intervention and future research, prompting investigations into developing more tailored and nuanced policy interventions that effectively address disability employment challenges.
Harmful Interference in Regulatory Perspective
This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming’; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon. Introduction, Mahulena Hofmann. Part I Harmful Interference in the Context of the ITU Framework: 'Harmful interference' and the ITU, Francis Lyall; ITU and harmful interference prevention, Mitsuhiro Sakamoto; Dealing with harmful interference: the Protostar case, Elina Morozova and Yaroslav Vasyanin; Radio frequency interference in the Earth Exploration Satellite Service: the case of the European Space Agency's SMOS mission, Alexander Soucek; Contractual responses to loss of satellite based services, Lesley Jane Smith. Part II Harmful Interference in the Context of Space Law: The 'space side' to 'harmful interference' - evaluating regulatory instruments in addressing interference issues in the context of satellite communications, Frans von der Dunk; Harmful interference in telecommunications under international and national space law, Jean-Francois Mayence. Part III Harmful Interference in the Context of European Law: European law as an instrument for avoiding harmful interference, Gerry Oberst; The European Commission's proposal for a 'connected continent', Max Spielmann. Part IV Harmful Interference from the Perspective of National Law: Harmful interference from the Netherlands Radiocommunication Agency perspective, Johan Kroon; Satellite harmful interference: a U.S. Telecom perspective, Justin (Gus) Hurwitz. Part V Other Instruments for Avoiding Harmful Interference: New and alternative means for safeguarding the efficient use of spectrum resources for satellite communications, Simona Spassova; Harmful interference and human rights, Olga Batura. Part VI Outstanding Issues: The restructuring of an intergovernmental satellite communications organisation from a Luxmbourg perspective, Guy Modert. Professor Mahulena Hofmann, SES Chair in Space Communication and Media Law at the University of Luxembourg. Prior to her appointment at the University of Luxembourg, Professor Hofmann was the holder of the Jean Monnet Chair in European Law and Transition Studies at the Faculty of Law, Justus Liebig University of Giessen. At the same time she served as a Senior Research Fellow at the renowned Max Planck Institute for Comparative Public Law and International Law where her research activities were in the field of International Space and Telecommunications Law, as well as the public law of Central and Eastern European countries. Member of the European Centre for Space Law and an Expert Committee of the Council of Europe dealing with regional and minority languages, she has a rich scientific profile encompassing all aspects of Satellite Communication and Media Law.
EU External Relations Law and the European Neighbourhood Policy
The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.
The Routledge Handbook of European Security Law and Policy
The Routledge Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union's legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.
The impact of the debt crisis on the salaries of Teaching and Research Staff in national higher education institutions in Greece: a case series study and literature review
The Teaching and Research Staff (TRS) of Greek universities consists of lecturers, assistant professors, associate professors and full professors (or simply professors). In addition to their special role as public officials, they constitute a group of employees with specific intellectual qualifications, special skills and a scientific background. Therefore, they are not part of the national single salary and ranking system for public servants; instead, they are paid through a specific and specialized salary table. In recent years, due to the financial crisis, their salaries were reduced, while at the same time, there was an increase in taxes and contributions. These changes had a serious negative impact on their salaries. That situation led to the following questions: Which fiscal policies were employed by public management during crisis? What were the measures of the government policy aimed at ameliorating the consequences of the financial crisis? And how much was the reduction in the salaries of the TRS of Greek universities? We conducted a comprehensive search of both the literature and primary sources to answer these questions by presenting a thorough analysis of the current payroll status and changes over the years for the TRS at the University of Western Macedonia during the economic crisis.
Homosexuality and the European Court of Human Rights
Homosexuality and the European Court of Human Rights is the first book-length study of the Court's jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court's interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a 'living instrument' to be interpreted 'in the light of present-day conditions' the Court's judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court's jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court's interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.