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Article: Legislation Comment: Considerations on the Digital Markets Act, the Way to a Fair and Open Digital Environment 条款：立法评论：对《数字市场法》的思考：通往公平开放的数字环境之路
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024019
Dragoș Mihail Mănescu
{"title":"Article: Legislation Comment: Considerations on the Digital Markets Act, the Way to a Fair and Open Digital Environment","authors":"Dragoș Mihail Mănescu","doi":"10.54648/eulr2024019","DOIUrl":"https://doi.org/10.54648/eulr2024019","url":null,"abstract":"This paper aims to present how Regulation (EU) 2022/1925 (the Digital Markets Act) will enter into force, as well as a few points of interest related to the essential provisions of this Regulation which establishes clear rules for large online platforms. The article also tackles important challenges and practical determinations that will have to be taken into consideration in the process of implementing this piece of legislation together with significant legislative developments that will have to be enacted worldwide in order to comply or cooperate with the European legislation in the matter of digital markets.\u0000Digital Markets Act, Regulation (EU) 2022/1925, gatekeeper, Big Tech, core platform services, business users, end users","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140762633","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
Article: Cross-Jurisdictional Factoring Contract Assessment: A British- Greek Assignment Law Comparison 文章：跨司法管辖区保理合同评估：英国与希腊转让法比较
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024016
{"title":"Article: Cross-Jurisdictional Factoring Contract Assessment: A British- Greek Assignment Law Comparison","authors":"","doi":"10.54648/eulr2024016","DOIUrl":"https://doi.org/10.54648/eulr2024016","url":null,"abstract":"The aim of this paper is to provide a comparative analysis on key issues in the assignment of debts for factoring contracts, which have become increasingly popular in recent years. The goal is to address key systemic problems, by comparing the UK rules to the Greek legal system.\u0000Specifically, the focus is on three key issues. First, the nature of the agreement, including the differences of assignments in law and in equity, the issues of assigning future debts and of non-assignment clauses. Second, giving notice to the debtor for the factoring company to vest with its client’s rights and the problem of what rights the factor obtains when there is a reservation of title, meaning that the assignee’s supplier has reserved their title on the goods, which are then further sold to the assignee’s clients. Third, the assignment of related rights, which is not automatic in the UK system.\u0000Commercial law, business law, corporate finance, comparative law, factoring agreements, assignment of debts, notice of assignments, transfer of related rights, double reservation of title","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140794703","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
Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection? 文章：德国雇佣关系中的行为准则--充分实施合规和数据保护的措施？
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024014
Vagelis Papakonstantinou, Daniel Wasser
{"title":"Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection?","authors":"Vagelis Papakonstantinou, Daniel Wasser","doi":"10.54648/eulr2024014","DOIUrl":"https://doi.org/10.54648/eulr2024014","url":null,"abstract":"Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems.\u0000Aiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case.\u0000Compliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140781663","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
Article: The Systemic Importance of Asset Managers: A Case Study for the Future of SIFI Regulation 文章：资产管理公司的系统重要性：未来 SIFI 监管的案例研究
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024017
Joeri De Smet
{"title":"Article: The Systemic Importance of Asset Managers: A Case Study for the Future of SIFI Regulation","authors":"Joeri De Smet","doi":"10.54648/eulr2024017","DOIUrl":"https://doi.org/10.54648/eulr2024017","url":null,"abstract":"The nexus between financial stability and the asset management industry remains understudied. I question whether asset managers and/or investment funds could be systemically important, and if so, how financial regulation in the EU and US should cope with this.\u0000From a review of the available economic literature and policy standpoints, it emerges that asset managers and the funds that they manage can create systemic risk through fire sales. While in some cases nonbanks can be designated as systemically important under EU and US law, asset managers and investment funds do not fit well in this framework.\u0000Consequently, the current rules, concerning both designation and subsequent regulation, fall short. Instead, a simple designation rule could directly address the way in which asset managers can cause or amplify systemic risk. Regulation and supervision should equally address this fire sale risk. I propose a market-based prudential measure, complemented by centralised supervision, that does so.\u0000The case of systemically important asset managers shows that current SIFI regulation does not sufficiently account for the systemic risks that can and will be caused by nonbank financial institutions. I therefore advocate a rethink, such that it has a wider institutional scope but more accurately addresses sectoral differences.\u0000Financial stability, systemic risk, systemically important financial institutions, nonbank financial institutions, asset management, investment funds, SIFI regulation, fire sales, EU law, US law.","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140779618","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
Article: EU Law and the Member States’ Competence to Regulate the Operation of Collaborative Economy Platforms – Where Do We Stand after the Digital Services Act 文章：欧盟法律和成员国监管协作经济平台运营的权限--《数字服务法》颁布后的现状
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024015
Monika Szwarc
{"title":"Article: EU Law and the Member States’ Competence to Regulate the Operation of Collaborative Economy Platforms – Where Do We Stand after the Digital Services Act","authors":"Monika Szwarc","doi":"10.54648/eulr2024015","DOIUrl":"https://doi.org/10.54648/eulr2024015","url":null,"abstract":"The article analyses selected legal aspects of the functioning of collaborative economy platforms in the internal market of the European Union. The objective is to analyse the scope of the competences left to the Member States to regulate the operation of collaborative economy platforms, both these established on their territories and these benefitting from the freedom to provide crossborder services, after the adoption of the Digital Services Act. The article covers the evolution of EU law concerning online platforms (including collaborative economy platforms), interpretation of information society services, as well as scrutinises provisions of the E-commerce Directive and the Digital Services Act.\u0000Free movement of services, internal market, collaborative economy, sharing economy, collaborative platforms","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140773952","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
Article: Open-Price Contracts Under the CISG: The Law in Action 文章：销售公约》下的开放式价格合同：实践中的法律
European Business Law Review Pub Date : 2024-04-01 DOI: 10.54648/eulr2024018
{"title":"Article: Open-Price Contracts Under the CISG: The Law in Action","authors":"","doi":"10.54648/eulr2024018","DOIUrl":"https://doi.org/10.54648/eulr2024018","url":null,"abstract":"The CISG is undoubtedly the most successful instrument of international trade law. While in former times the international sale of goods was regulated by domestic laws, today the international community is able to offer a truly international regime for these contracts. However, the CISG is not free from ambiguities and contradictions. One of the most famous is between Articles 14(1) and 55. This interplay has ignited the well-known academic controversy over the validity of sale of goods contracts without an agreed price under the CISG.\u0000The purpose of this article is to look at this contradiction from a different point of view. While in theory it is possible to argue that there is a stalemate between the supporters of validity of open-price contracts and their opponents, this stalemate is the law on the book. The law in practice offers a different landscape. It shows that in practice open-price contracts are regarded as valid under the CISG, although the adjudicators still struggle with the correct application of Article 55.\u0000Open-price contracts, Article 14, Article 55, agreements to agree, tentative prices, determinable price, contractual validity, market price, reasonable price.","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140767213","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
Article: The Implementation and Transposition of the European Directive 2019/1023 in the Italian Legislative Context 文章：欧洲第 2019/1023 号指令在意大利立法背景下的实施与转化
European Business Law Review Pub Date : 2024-02-01 DOI: 10.54648/eulr2024013
Marina Spiotta, Andrea Jonathan Pagano
{"title":"Article: The Implementation and Transposition of the European Directive 2019/1023 in the Italian Legislative Context","authors":"Marina Spiotta, Andrea Jonathan Pagano","doi":"10.54648/eulr2024013","DOIUrl":"https://doi.org/10.54648/eulr2024013","url":null,"abstract":"With this article, the Authors intend, preliminarily, to provide a brief temporal excursus in order to the complex path that involved, on the Italian scene, the Code of the Corporate Crisis and Insolvency, from promulgation upon actual entry into force after approximately three years. Secondly, the paper tries to provide an overall picture of the major regulatory implementations, describing, in brief, the general characteristics of the Guidelines given by the EU Directive 2019/1023 (so-called Insolvency). Furthermore, the Authors, turning their minds to the supranational legislation that has affected the matter of insolvency, try to verify the compliance of the national provisions with the provisions of the abovementioned Directive. In the conclusions, the paper attempts to provide some hints on the possible application of the rules, which have just entered into force, in the context of the Courts, with particular emphasis on the so-called “early warning tools”.\u0000Bankruptcy, EU Directive, Corporate Crisis, Insolvency Code, Early warning tools, Corporate governance, European law, Over-indebtedness, Crisis, Voluntary restructuring plans","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140466379","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
Article: Protecting the Environment and Animals: A Recent Amendment of the Italian Constitution 文章：保护环境和动物：意大利宪法最新修正案
European Business Law Review Pub Date : 2024-02-01 DOI: 10.54648/eulr2024012
Nadia Zorzi Galgano
{"title":"Article: Protecting the Environment and Animals: A Recent Amendment of the Italian Constitution","authors":"Nadia Zorzi Galgano","doi":"10.54648/eulr2024012","DOIUrl":"https://doi.org/10.54648/eulr2024012","url":null,"abstract":"The contribution analyzes the protection of the environment and animals following the amendment of the 2022 Constitution. In particular, with reference to the environment, it considers the European sources of laws, the coordinated protection systems, then accounting for the division between State competence and regional competence at the national level. With reference to animals, also considering the disciplines that protect animals, it identifies the interests taken into consideration by them.\u0000environment, animals, protection, biodiversity, interest of future generation, amendment of Italian Constitution 2022","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140467461","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
Article: The European Triangle: On the Relationship between Primary EU Law, Secondary EU Law and National Law in the Field of Direct Taxation 文章：欧洲三角：论直接税领域的欧盟主要法律、欧盟次要法律和国家法律之间的关系
European Business Law Review Pub Date : 2024-02-01 DOI: 10.54648/eulr2024008
Jasper J.A.M. Korving
{"title":"Article: The European Triangle: On the Relationship between Primary EU Law, Secondary EU Law and National Law in the Field of Direct Taxation","authors":"Jasper J.A.M. Korving","doi":"10.54648/eulr2024008","DOIUrl":"https://doi.org/10.54648/eulr2024008","url":null,"abstract":"National tax law provisions, EU Directives’ provisions and primary EU law interact. National rules may be based on EU law, EU law may prohibit national legal requirements, and sometimes secondary EU law can be contrary to primary EU law. The three sources of law that, in concert, form a triangle by connecting the three sources,affect each other, especially for interpretational purposes. The author analyzes the relation between the different sources of law, taking each side of the triangle as starting points, and critically addresses flaws in the current approach towards interpretation of EU law, direct effect and the compatibility of secondary EU law with primary EU law. Especially with an increasing number of forthcoming EU Directives in the field of direct taxation, the determination to what extent a directive is an acceptable political compromise or is contrary to fundamental principles is getting increasingly important.\u0000EU Law, Directives, Interpretation, Implementation, Harmonization, Direct effect, Fundamental Rights, manifest error, ATAD, DAC","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463532","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
Article: Digitalizing the End-to-End International Trade Finance Process and the Law: A Mission for the Entire Ecosystem 文章：端到端国际贸易融资流程和法律数字化：整个生态系统的使命
European Business Law Review Pub Date : 2024-02-01 DOI: 10.54648/eulr2024009
Mohamed Khair Alshalel
{"title":"Article: Digitalizing the End-to-End International Trade Finance Process and the Law: A Mission for the Entire Ecosystem","authors":"Mohamed Khair Alshalel","doi":"10.54648/eulr2024009","DOIUrl":"https://doi.org/10.54648/eulr2024009","url":null,"abstract":"This article considers the digitalization of the end-to-end trade finance process. Given that the emergence and adoption of innovative technologies in trade finance have made full digitalization possible, this article argues that digitalizing the entire trade finance process is a mission for the entire trade finance ecosystem: to successfully digitalize the full trade finance process, one would need to get all the parties involved on board. It also argues that innovation is only one piece of the puzzle and supporting legal frameworks and recognized standards are essential to accelerate the digitalization journey. Divided into seven parts, the article outlines the development of the trade finance industry, focusing on the main challenges and the legal responses to digitalization, before assessing why digitalization the entire process is hard to scale. It discusses disruptive technologies in trade finance, concluding that collaboration between the trade finance industry parties and removing legal uncertainty can assist in accelerating the digitalization transformation.\u0000Digitalizing the end-to-end process, trade finance, disruptive technologies, blockchain, standardisation and harmonisation, MLETR, URDTT","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140470115","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
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