Maastricht Journal of European and Comparative Law最新文献_第8页

Are national football federation bodies governed by public law? Setting the boundaries of EU Public Procurement directives 国家足球联合会机构是否受公法管辖？设定欧盟公共采购指令的界限

Maastricht Journal of European and Comparative Law Pub Date : 2022-01-24 DOI: 10.1177/1023263X211063594

Víctor Torre de Silva

{"title":"Are national football federation bodies governed by public law? Setting the boundaries of EU Public Procurement directives","authors":"Víctor Torre de Silva","doi":"10.1177/1023263X211063594","DOIUrl":"https://doi.org/10.1177/1023263X211063594","url":null,"abstract":"Sports federations, being private associations, have traditionally awarded their contracts regardless of EU Public Procurement directives. The Court of Justice of the European Union has recently given its first ruling on this issue: Federazione Italiana Giuoco Calcio, judgment of 3 February 2021. This article intends to summarize and comment on this decision, a preliminary reference requested by the Italian Council of State. The Court of Justice of the European Union has stated that, if the sports federations depend on any state authority, namely the Italian National Olympic Committee, they should comply with the Public Procurement directives. This might increase transparency, although it could add structure and length to contract award procedures, above certain economic value. The judgment affirms that Italian sports federations have been established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, but is less clear regarding whether they are subject to management supervision from the Italian National Olympic Committee. The Court of Justice of the European Union defers the final decision on dependency to the Italian court, thus giving little guidance to other Member States.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"156 - 174"},"PeriodicalIF":0.0,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42208555","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}

引用次数: 0

A comparative analysis of derivative action in Cypriot company law: Comparison with English company law and the prospect of statutory reform 塞浦路斯公司法衍生诉讼之比较分析:与英国公司法之比较及法律改革之展望

Maastricht Journal of European and Comparative Law Pub Date : 2022-01-17 DOI: 10.1177/1023263X211063595

Georgios Zouridakis, Thomas Papadopoulos

{"title":"A comparative analysis of derivative action in Cypriot company law: Comparison with English company law and the prospect of statutory reform","authors":"Georgios Zouridakis, Thomas Papadopoulos","doi":"10.1177/1023263X211063595","DOIUrl":"https://doi.org/10.1177/1023263X211063595","url":null,"abstract":"This article provides a comparative analysis of derivative action in Cypriot company law and submits some proposals for statutory reform on the basis of English company law. The derivative action in Cyprus company law is based on common law and is not codified into the text of Cyprus Companies Law-Chapter 113. Regarding the derivative action, the Courts of Cyprus refer to pre-1960 English cases as authorities. However, as this article explains, Cypriot Courts have not followed all developments with regard to the derivative action in English company law, despite the original and elaborated solutions given to many difficult issues by English cases and the statutory derivative claim under the English Companies Act 2006, which replaced the old ‘exceptions to the rule in Foss v. Harbottle’ regime. In fact, quite a few issues related to the remedy are yet to be considered by Cypriot law; case law is scarce and uncertainty looms over (potential) derivative claimants. Taking into account the origin of Cypriot company law from English company law, the jurisprudential and legislative evolution of the derivative action in English company law constitutes a fertile ground for the modernization of derivative action in Cypriot company law. It is therefore hereby submitted that the Cypriot Courts and the Cypriot legislator seek insight from the rich experiences and the multi-faceted evolution of the English law on derivative action, in an effort to address existing problems and establish a modern and functioning framework.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"62 - 84"},"PeriodicalIF":0.0,"publicationDate":"2022-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44979498","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}

引用次数: 1

Intelligent connected mobility 4.0: Regulatory concepts 智能互联移动4.0：监管概念

Maastricht Journal of European and Comparative Law Pub Date : 2022-01-12 DOI: 10.1177/1023263X211061436

O. Shevchenko

{"title":"Intelligent connected mobility 4.0: Regulatory concepts","authors":"O. Shevchenko","doi":"10.1177/1023263X211061436","DOIUrl":"https://doi.org/10.1177/1023263X211061436","url":null,"abstract":"The last decade reflects undeniable rapid growth in intelligent connected mobility in the European Union and internationally. Whereas automotive producers united forces to address the projected technical difficulties vis-à-vis the deployment of Intelligent Connected Vehicles through coordinated efforts and partnerships, academia is committed to clarifying fundamental new regulatory concepts to reveal potential and foreseeable legal inconsistencies in such technological development. The lack of a determination of the fundamental legal concepts or the vague and ambiguous determination of essential regulatory concepts creates overall legal uncertainty and is considered an obstacle to ensuring the smooth market penetration of Intelligent Connected Vehicles in the European Union. This article claims its contribution to existing literature by integrating further unambiguous and specific regulatory concepts in the context of the regulation of Intelligent Connected Vehicles. This article addresses: (i) the prerequisites for uniform Intelligent Connected Vehicles’ fundamental regulatory concepts based on complex retrospective analysis vis-à-vis road traffic accidents involving conventional vehicles and (ii) the prototype of regulatory concepts that need to be established and accurately distinguished for intelligent connected mobility 4.0, with the cross-border element at the European Union level.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"85 - 99"},"PeriodicalIF":0.0,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46014194","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}

引用次数: 1

Progressive turnover-based tax systems and EU state aid law: Case C-562/19 P Commission v. Poland and Case C-596/19 P Commission v. Hungary 基于累进营业额的税收制度和欧盟国家援助法：C-562/19 P委员会诉波兰案和C-596/19 P委员诉匈牙利案

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-23 DOI: 10.1177/1023263X211061434

Yasmine L. Bouzoraa, J. Lindeboom

{"title":"Progressive turnover-based tax systems and EU state aid law: Case C-562/19 P Commission v. Poland and Case C-596/19 P Commission v. Hungary","authors":"Yasmine L. Bouzoraa, J. Lindeboom","doi":"10.1177/1023263X211061434","DOIUrl":"https://doi.org/10.1177/1023263X211061434","url":null,"abstract":"In Commission v. Poland (C-562/19) and Commission v. Hungary (C-596/19) the Court of Justice of the European Union ruled that progressive tax systems based on turnover do not by definition provide selective advantages to undertakings with lower turnovers in violation of EU state aid law. The European Commission had declared a Polish tax on retailers and a Hungarian tax on advertisement incompatible with Article 107(1) TFEU because the progressive, turnover-based taxes favoured undertakings with smaller turnovers over those with larger turnovers. The General Court annulled both Commission decisions because such advantages were inherent to the content and objectives of the general tax system, which was for Poland and Hungary to define. The Court of Justice dismissed the appeals by the Commission, affirming that Member States are free, in line with their fiscal autonomy, to opt for a progressive and/or turnover-based tax system. While turnover-based corporate taxation may have market-distortive effects, the Court was right to dismiss the Commission's appeals. The principles of fiscal autonomy and legal certainty require an assessment of selectivity in light of Member States’ own definition of the content and objectives of their tax systems.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"118 - 131"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49334522","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}

引用次数: 0

The judicial finetuning of the EU rules determining the applicable social security legislation 确定适用社会保障立法的欧盟规则的司法调整

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-23 DOI: 10.1177/1023263X211058394

A. P. van der Mei, E. van Ooij

{"title":"The judicial finetuning of the EU rules determining the applicable social security legislation","authors":"A. P. van der Mei, E. van Ooij","doi":"10.1177/1023263X211058394","DOIUrl":"https://doi.org/10.1177/1023263X211058394","url":null,"abstract":"The conflict rules enshrined in Regulation 883/2004 on the coordination of social security were created six decades ago to offer those who exercise free movement rights ‘constant social security protection’. The main idea was to ensure that beneficiaries are always subject to the legislation of a single Member State and to indicate which Member State that was. Because beneficiaries were above all ‘standard’ employees working on a full-time basis for an indefinite period of time, it was initially quite easy to determine the ‘competent’ Member State. The processes of flexibilization, digitalization, enlargement and globalization, however, have posed new and often formidable challenges. In today’s dynamic labour market it is often particularly difficult to identify the applicable legislation, issues arise as regards swift and frequent switches in the applicable legislation, increased worker and company mobility may affect social security rights and problems have arisen because of the possible fraudulent use of the rules determining the applicable legislation. This contribution analyses some of the recent CJEU case law on topics like working in to or more Member States, posting, abuse and fraud, employment and/or residence outside the EU and gaps in in social security protection by EU workers. The overarching question is how, in the view of the CJEU, the classic conflict rules are to be applied so as to ensure cross-border movers continue to enjoy constant social security protection.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"132 - 155"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48855624","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}

引用次数: 2

Is the assessment under Article 8 ECHR for migrants justifiable? 根据《欧洲人权公约》第8条对移民进行评估是否合理？

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-20 DOI: 10.1177/1023263X211061435

Jennie Edlund, V. Stehlík

{"title":"Is the assessment under Article 8 ECHR for migrants justifiable?","authors":"Jennie Edlund, V. Stehlík","doi":"10.1177/1023263X211061435","DOIUrl":"https://doi.org/10.1177/1023263X211061435","url":null,"abstract":"The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"100 - 117"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47651468","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}

引用次数: 1

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure 哈萨克斯坦民事诉讼中检察官参与制度发展的国外经验

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-16 DOI: 10.1177/1023263X211055343

A.Ye. Alibekov

{"title":"Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure","authors":"A.Ye. Alibekov","doi":"10.1177/1023263X211055343","DOIUrl":"https://doi.org/10.1177/1023263X211055343","url":null,"abstract":"The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"47 - 61"},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45012261","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}

引用次数: 0

The inadequate approach of Directive (EU) 2019/771 towards the circular economy 第2019/771号指令对循环经济的不充分处理

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-06 DOI: 10.1177/1023263X211051827

Mónica García Goldar

引用次数: 3

Integration duties in the European Union: Four models 欧洲联盟的一体化义务：四种模式

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-01 DOI: 10.1177/1023263X211048605

Sarah Ganty

{"title":"Integration duties in the European Union: Four models","authors":"Sarah Ganty","doi":"10.1177/1023263X211048605","DOIUrl":"https://doi.org/10.1177/1023263X211048605","url":null,"abstract":"Integration is becoming increasingly important in law, due to the growing involvement of the legislative, executive and judicial powers at European, national, regional and local levels. This phenomenon concerns third-country nationals and EU citizens, despite the fundamentally different legal regimes applicable to these groups. In this article, I discuss the expansion of integration duties and the different legal mechanisms which they are based on. I propose four conditions- and obligations-based integration models likely to be found in EU law and national laws: the symbolic model, the meritocratic model, the activation model and the selective model. From a legal perspective, identifying these integration mechanisms is essential for assessing compliance with fundamental rights and EU law. Moreover, such a typology is likely to help researchers, policy-makers and the public obtain a better sense of how the conception of integration evolves in our societies and in the legal field in particular. I conclude by briefly sketching a common trend which I observed throughout the four models: they are imbued with a strong socioeconomic dimension hindering the socioeconomically underprivileged categories.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"28 1","pages":"784 - 804"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45635847","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}

引用次数: 3

Coherence in law: A way to stimulate the transition towards a circular economy? A critical analysis of the European Commission's aspiration to achieve full coherence between chemicals legislation and waste legislation – and product legislation 法律的一致性:刺激向循环经济过渡的途径?对欧洲委员会希望在化学品立法与废物立法和产品立法之间实现充分一致的愿望进行批判性分析

Maastricht Journal of European and Comparative Law Pub Date : 2021-12-01 DOI: 10.1177/1023263X211048604

Ida Mae de Waal

引用次数: 2