Search results for "European Law"
showing 10 items of 58 documents
Compatibility of Latvian non-conviction-based confiscation with Convention on Human Rights
2022
Traditional “repressive” criminal law is no longer sufficient to deal with the new threats posed by the global risk and information society. New forms of combatting international organised crime, drug trafficking and other serious crimes have emerged to target the most crucial aspect of incitive of the criminals – their money. Deprivation of property illegally obtained is an essential tool for crimes and money laundering. It led to the question of whether it is by human rights to confiscate the proceeds of crime, detected merely, e.g., in the form of suspects’ unexplained wealth, under a concept of unjust enrichment and re-establishment of the situation before a crime, and to do so without …
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…
Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany
2020
Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…
Human rights in the emergency situation: constitutional perspective of Latvia
2022
The concept of an emergency situation can be considered a novelty in the international legal system that gained its overwhelming importance due to the spread of Covid-19 pandemics all over the globe. Was the international community ready to employ clear and well-structured mechanisms of emergency situation concept in the context of human rights protection? Was the Latvian legal response to the Covid-19 emergency in the field of human rights protection successful? The “institution of emergency” in the international area was developed by the ECHR, whose ideas were incorporated into Latvian constitutional system and legal order. In that regard, the research uses legal doctrinal method in order…