European Public Law: National eJournal最新文献

{"title":"Dutch Bilateral Investment Treaties: A Gateway to ‘Treaty Shopping’ for Investment Protection by Multinational Companies","authors":"Roos van Os, Roeline Knottnerus","doi":"10.2139/SSRN.1974431","DOIUrl":"https://doi.org/10.2139/SSRN.1974431","url":null,"abstract":"Multinational companies (MNCs) investing abroad have been using Dutch bilateral investment treaties (BITs) to sue host country governments for over 100 billion dollars for alleged damages to the profitability of their investments. This is one of the outcomes of new SOMO research into the unknown and opaque field of Dutch BITs and their legal impacts. In addition, the majority of companies enjoying generous investment protections offered by Dutch BITs are so-called ‘mailbox companies’, Companies with no employees on their payroll and no real economic activity in the Netherlands. It is a known fact that many transnational companies choose the jurisdiction of the Netherlands as the base for their global trade and investment operations because of its favorable tax regime that facilitates corporate tax avoidance strategies (SOMO, 2007). This SOMO report highlights the until now unexplored role Dutch investment protection policy plays in establishment decisions of MNCs. The report argues that current Dutch investment policies are used for treaty shopping, allowing for investor–state dispute settlement based on broad-based BIT definitions that pose a danger to policy space and the safeguarding of public goods and interests. Treaty shopping is not only highly problematic from a sustainable development perspective for southern countries, but increasingly for northern states as well.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"05 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129629699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Copyright and Educational Uses: The Unbearable Case of Italian Law from a European and Comparative Perspective","authors":"G. Mazziotti","doi":"10.2139/SSRN.2026827","DOIUrl":"https://doi.org/10.2139/SSRN.2026827","url":null,"abstract":"This study focuses on the legal treatment of educational uses of copyrighted works under Italian law. Considering the very narrow room for free, unauthorized educational uses under Article 70 of the Italian Copyright Act, one would expect a large recourse to rights clearance mechanisms ensuring a wide and legitimate use of copyrighted works for educational purposes (especially when such works are communicated through digital networks and are used on e-learning platforms). Unfortunately, this is not the case in Italy, where neither stakeholders nor competent authorities have taken steps to create an effective system of licenses for educational uses. A comparative analysis of exceptions and licensing mechanisms for educational uses in a few countries of continental Europe, northern Europe and of the United States reveals solutions and contractual patterns that show possible solutions for Italy to escape from the present stalemate. In nearly all jurisdictions considered in the study, collective bargaining and collective management constitute an essential element of the regulation of educational uses of copyrighted works and set up mechanisms and levels of economic compensation for authors, publishers and other categories of right-holders. In conclusion, the study suggests a reform of Italian law based on the examples of statutory licensing schemes created for educational uses by countries like Germany and France. Such reform would aim at legalizing a number of educational uses to the benefit of certain categories of beneficiaries through the recognition of remuneration rights in favor of copyright holders.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"2664 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128131600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Postal and Regulatory Reform in Intermodal Competition","authors":"C. Jaag, H. Dietl","doi":"10.2139/ssrn.2488436","DOIUrl":"https://doi.org/10.2139/ssrn.2488436","url":null,"abstract":"This paper argues that transforming the postal business model goes hand in hand with a transformation in the definition of universal service obligation. Whilst postal operators need to fully embrace the unique competitive space created by electronic substitution, at the intersection between the physical and digital, regulatory frameworks also must be adapted towards a technology-neutral definition of universal service.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122068349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Abuse of Collective Dominance Under the Competition Law of the Russian Federation","authors":"S. Avdasheva, Nadezhda Goreyko, R. Pittman","doi":"10.2139/ssrn.1933942","DOIUrl":"https://doi.org/10.2139/ssrn.1933942","url":null,"abstract":"In 2006, Russia amended its competition law and added the concepts of “collective dominance” and its abuse. This was seen as an attempt to address the common problem of “conscious parallelism” among firms in concentrated industries. Critics feared that the enforcement of this provision would become tantamount to government regulation of prices. In this paper we examine the enforcement experience to date, looking especially closely at sanctions imposed on firms in the oil industry. Some difficulties and complications experienced in enforcement are analyzed, and some alternative strategies for addressing anticompetitive behavior in concentrated industries discussed.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"776 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126945982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hungary: The New Fundamental Law","authors":"Márton Varju","doi":"10.54648/euro2012026","DOIUrl":"https://doi.org/10.54648/euro2012026","url":null,"abstract":"The birth of a new constitution is an exceptional event in contemporary Europe and an outstanding opportunity for public lawyers to make the best use of the richness of models, experiences and requirements European constitutionalism offers. The pleasant difficulties the drafters face come from the profusion of transplantable solutions available in other European jurisdictions and from the external constraints placed on national constitutions by European constitutional law, most notably the law of the European Convention on Human Rights. Selecting the right constitutional ingredients from other jurisdictions and establishing an appropriate response to European obligations requires care and expertise. The European elements only add to the already complex task of producing a constitutional document suitable for a state in 21st century Europe. A new constitution would need to acknowledge and express the developments in how the state interacts with its environment. The shift from hierarchical modes of government to more complex structures and activities of governance, the transformation from a provider and owner state to a regulatory state and the gradual decrement in the European Union of the state's autonomy in regulating the market should have an impact on the definition of basic constitutional concepts, such as sovereignty, power, accountability and citizenship. The evolution of new forms of accountability should be expressed in the constitution along the traditional modes of democratic and legal accountability. Open government and the transparency of governance should be elevated to the position of basic constitutional principles. The language of fundamental rights in the constitution should be able to express the relationship between the state and the individual and the state and the market in an open and pluralistic society. These concerns would suggest a slow preparation for a new constitution. This was hardly the case in Hungary. The few months of actual constitution-making were troubled by a turbulent period in domestic and European politics, mainly in the first half of 2011. Besides engaging in an overhaul of the entire domestic constitutional architecture, the government completed its first ‘European semester’ serving as the Presidency of the Council of the European Union. The six month term started badly with open political hostilities towards the Hungarian government, and the pressure never really ceased – suffice to mention the war in Libya and the euro-zone crisis. The political storms in the EU, nonetheless, did not prevent the government from raising more political and legal controversy by whipping through the Hungarian Parliament the new Basic Law prepared and debated only for a handful of months between the end of 2010 and April 2011, when it was finally adopted. The process of constitution-making and some of the content of the new constitution attracted severe criticism from politicians, NGOs, intellectuals and experts. In particu","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127988281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dreptul de Acces la Justiţie din Perspectiva Actualului Sistem de Taxe Judiciare de Timbru în Materie Succesorală (The Right to Access to Justice in the Present System of Court Fees in Cases Regarding the Inheritance)","authors":"Bogdan Alex Arghir","doi":"10.2139/ssrn.1892315","DOIUrl":"https://doi.org/10.2139/ssrn.1892315","url":null,"abstract":"Fundamental guarantee for the effective exercise of rights and freedoms of individuals, and an instrument for the rule of law, the right to a court is a sine qua non condition for the organization and functioning of a democratic judicial system.Taking into account Romania's multiple convictions to the ECHR regarding the right of access to court in terms of stamp duty, the topic which I have chosen for this juridical study is likely to seem antiquated, at first sight.Nevertheless, relatively recent amendments to Law No. 146/1997 on stamp duty are meant to recall into question the issue of the right to a court.Thus, in present, an inheritance action lodged before the court shall be subjected to the following taxes: 50 lei for establishing the inheritor quality, 3% of the inheritance value for establishing the inheritance estate and 3% of the inheritance value for dividing the inheritance, according to art. 3 point c of Law No. 146/1997.Moreover, the same duty taxes are required for issuing a certified copy of a judgment rendered in an inheritance action. Taking into consideration the present stamp duty system concerning inheritance actions, I consider that the Romanian Government infringed the right to a court, right enshrined in art. 6 § 1 of the Convention and in art. 21 of the Romanian Constitution, failing to strike a fair balance between the means employed and the aim pursued.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129959848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Când Medierea Transformă Judecătorii şi Justiţia (When Mediation Changes Judges and Justice) (in Romanian)","authors":"Béatrice Brenneur","doi":"10.2139/ssrn.1892310","DOIUrl":"https://doi.org/10.2139/ssrn.1892310","url":null,"abstract":"Because of its specific methods that authorize the mediator to have separate discussions with each of the parties, mediation permits tension to fall and brings flexibility to the judicial process. Contradictory proceedings do not apply in mediation. The mediator may speak alone with the party and not reveal to the other the content of the discussion. This flexibility cannot be imagined in a judicial proceeding. It requires however guarantees on the ethics of the mediator. That is why it is important that mediators adhere to Codes of Ethics. Mediation must not be an obstacle to a fair trial within the meaning of Section 6 of the European Convention. Mediation is a mode of regulation of conflicts. It brings a modern response to the crisis of our society and of Justice.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"262 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132646095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulating the Spaces of Sex Work","authors":"J. Scoular","doi":"10.2139/ssrn.1868191","DOIUrl":"https://doi.org/10.2139/ssrn.1868191","url":null,"abstract":"Over the last decade there has been growing debate in the UK on the best way to regulate sex work. Pivotal in such debates have been two major consultation exercises (Home Office, 2004; Scottish Executive, 2005) that have considered the reform of prostitution laws that have remained largely unchanged since the 1950s. As such, increasing attention has been devoted to the methods of prostitution control adopted elsewhere, particularly in Northern Europe and Scandinavia. Two ‘models’ of regulation are to the fore in current debates: the ‘Swedish model’, which has criminalized prostitution through a ban on the buying of sexual services; and the ‘Dutch model’, which allows for the licensing of prostitution businesses (Outshoorn, 2004). In the media, these are often juxtaposed, the former described as prohibition, the latter as legalization.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129135878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Cannabis Market in the Netherlands","authors":"T. Spapens","doi":"10.2139/ssrn.1856467","DOIUrl":"https://doi.org/10.2139/ssrn.1856467","url":null,"abstract":"Although Dutch policy on soft drugs (hashish, marijuana) generally has long been considered a success, there is a growing concern among policy makers about the unforeseen side effects of regulation policies. One of these side effects is the large-scale domestic cannabis cultivation, which, according to the Dutch police, has developed into a major source of income for organized crime groups since the second half of the 1990s. Such groups, however, are not the only actors on the cannabis market. This paper discusses empirical research on the organization of cannabis cultivation in the south of the Netherlands.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125332856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Nederlands Kansspelbeleid is Ongeloofwaardig (Dutch) (Incredibility of Dutch Gaming Law Policy)","authors":"A. Verbeke, Nele Hoekx","doi":"10.2139/ssrn.1877747","DOIUrl":"https://doi.org/10.2139/ssrn.1877747","url":null,"abstract":"Many European member states claim the need for an autonomous gaming law policy based on their culture, tradition and moral values. In the online world of today, where national boundaries have evaporated and the unity of the world has become a one second reality, these arguments to the very least sound outdated and weak. It does not seem unrealistic to assume that the real arguments justifying the policy of most member states are financial. Gambling regulation generates enormous tax income and the power to subsidize several \"good causes\". We are talking billions of euros. We argue that the Netherlands should consider breaking this ban, and cooperate with a more transparant gaming policy, on a EU Level.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122365606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}