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Can the assignment of a financial claim be regarded as a financial instrument?
2018
The main aim of this thesis is to provide with an answer to the question as to whether the assignment of financial claims should be regarded as constituting financial instruments. The question is interpreted from the perspective of the civil law legal system of Latvia, which is a part of the European Union (EU), the Eurozone, and also the common capital market of the EU. Therefore, the legislative acts of the EU relating to the subject matter are interpreted and analysed in conjunction with the substantive national law. Since the examined definition for the concept of assignment of claims has commonalites in other parts of the EU that share similar legal traditions the findings of this thes…
История римского права
1919
7-е издание. Старая орфография. Содержание: Периоды: эпоха квиритскаго права; эпоха общенародного права; эпоха кодификации права. Отделы: государственный строй; правообразование; гражданское право; гражданское судопроизводство.
A blind casting into the evidential sea: the interplay between fundamental rights and the efficacy of leniency programmes
2018
This article makes the case that proper protection of Defendants’ fundamental rights, through the enhancement of procedural predictability and increased evidentiary transparency, will lead to more efficient, efficacious and sustainable leniency programmes equating to more fear of violative behaviour detection, an increased acknowledgment of anti-competitive participation, and enhanced overall cartel destabilisation for more balanced competition in the marketplace. With the clear link that exists between the severity of sanctioning, the exploitation of the leniency programme, and the protection of fundamental rights, it becomes imperative that a Defendant’s fundamental rights are not undermi…
The presumption of innocence in the EU competition law
2022
This Bachelor thesis aims to analyse the application of the presumption of innocence in the EU competition law, more precisely in the anti-cartel proceedings. In addition, this thesis will provide the analysis of the categorisation of the competition law. This, in turn, is a topical debate due to the fact that in competition law the penalties are comparable to criminal charges notwithstanding the administrative procedure. The thesis will try to answer the question “To what extent is the presumption of innocence applied in the EU anti-cartel procedure?”. This paper's primary objective is to identify the procedural rights of cartel members, analyse their implementation, and emphasise any pote…
On our way to 2030
2020
Conference Papers on the theme “On our way to 2030: delivering for resilient and prosperous societies” inaugurates a ‘new tradition’ at the Riga Graduate School of Law (RGSL). In this series RGSL hosts several contributions by graduates of the Advanced and Intensive Programmes in European Law and Economics, providing them with the opportunity to publish and make available the results of their research. The subjects covered in the current issue were debated on 10-11 December 2020 within the conference organised by RGSL in cooperation with the Ministries of Foreign Affairs of the Republic of Latvia and the Kingdom of Norway. These subjects cover the themes of human rights, external action of …
The notion of reverse solicitation within the realm of financial services
2019
The objective of this thesis is to analyse the scope and current restrictions of the reverse solicitation regime vis-à-vis European financial services law. Given the reliance on ambiguous terminology, ill-defined concepts and inconsistencies throughout MiFID II, the analysis throughout the work concludes that the concept of reverse solicitation in its current form cannot be reliably utilised by third-country financial service providers due to numerous inadvertent non-compliance risks. The study concludes that the current reverse solicitation regime needs to be heavily revised to allow for a sufficient degree of legal certainty.
Legislative framework of cannabis within the European Union. Analysis of legal status of recreational cannabis for personal possession
2019
This study reflect current legal situation in the European Union regarding legislation of cannabis. Taking into account the increasing tendency of this topic, the analysis is based on the assumption that cannabis although usually perceived as a soft drug, is a transnational threat as every narcotic substance. Therefore, it is necessary to analyze and work on this matter to ensure that fundamental values of human life are not negatively affected by the growing trend of liberalization of cannabis. The focus is on the recreational cannabis for personal possession as this type of usage is referred in the statistical data of countries most often. This study is not dealing with the medical cannab…
Failure to make a reference for a preliminary ruling to the Court of Justice of the European Union as a violation of Article 6 of the European Conven…
2019
This thesis examines the situation when a national court adjudicating in the last instance refuses to make a reference for a preliminary ruling to the Court of Justice of the European Union from the perspectives of European Union law, the European Convention on Human Rights. This situation is analysed in the broader context of the relationship between the Court of Justice of the European Union and the European Court of Human Rights.
Electronic identity verification: personal data protection challenges and risks
2020
This work highlights the clash of GDPR, eIDAS Regulation and PSD2 Directive, as well as tackles challenges of implementation in practice, specifically the challenges of securing personal data whilst ensuring an electronic identity. A comparative analysis on practical case studies which are concerned with electronic identity verification, electronic identity establishment and use electronic identity verification in the process of providing services is carried out in order to understand how such businesses tackle personal data challenges, how successfully and to what manner. The work concludes with findings of legal uncertainty between all three regulatory acts, as they lack unified definitio…
Application of the Article 28 (3) of the General Data Protection Regulation in contemporary Software as a Service (“SaaS”) business.
2019
For the purposes of this thesis, regulatory requirements associated with the Data Processing Agreement (DPA) are subject to interpretation in the context of SaaS delivery models widely adopted by prominent SaaS providers. In addition, the author argues that, multiple parties processing personal data leads to problems in determining the correct processing role. Thereby, parties may struggle in meeting the requirements of Article 28 (3) of the General Data Protection Regulation (GDPR). Failure to ensure that processing is covered by the proper DPA is regarded as an infringement of the GDPR. For that reason, the thesis seeks to stress out complications associated with structuring DPA’s and pro…