Search results for "European law"
showing 10 items of 58 documents
The challenge of personal data protection in the era of digital economy
2018
The actual impact and effectiveness of the GDPR that comes into effect on May 25, 2018 will only be evident in the course of next years. Today, however it is crucial to understand how will the GDPR change the EU data protection playfield and if the new regulation is capable to address growing personal data and privacy challenges emerging from further digitalisation in the long term. The research question of this paper is: How capable and effective is the newly adopted EU data protection legislation to address the growing future privacy and data protection concerns associated with expansion of the Digital Economy?
The effects of sharing sustainable technology R&D on EU competition law
2022
This paper explores the significance of EU competition system in attaining envisioned sustainability targets by analysing the prospective symbiosis between European competition and patent law. Furthermore, this research evaluates both the plausible threats in the internal market stemming from lenient competition legislation as well as highlighting the apparent benefits of coordinating EU intellectual property and antitrust law to facilitate innovation. The goal of this research is to determine whether such polar opposites can indeed be merged into sustainable competition policy or will it end up fostering breeding ground for collusive behaviour in the common market.
The COVID-19 Crisis, Human Rights and Unfair Models of Production: The Case of Migrant Workers in the Agri-food Sector in European Countries
2022
Since its outbreak, the COVID-19 crisis has sharply exacerbated the structural inequalities that characterize the socioeconomic systems of European Union (EU) countries, disproportionately impacting people most affected by discrimination and social exclusion. The Covid-19 crisis has also brought under the spotlight the significant role of migrant workers in core sectors – such as the agri-food sector – disclosing how they are fundamental in the economic and societal functioning of EU countries. At the same time, the pandemic has sharply disclosed the limits of long supply chains (in terms of price distortion, unfair competition and distribution dynamics), as well as the conditions of exploi…
Il Trattato di Maastricht trent'anni dopo: a not so pearl jubilee?
2022
The Author critically study the impact of the Maastricht treaty in the light of the actual state of the European Union and of the Brexit
Smoke gets in euro-eyes: fusione e fissione del diritto comunitario
2021
This essay reconstructs the mechanism of the mutual “influence” between European Union Law and the Law of member states. In particular, the mechanism of the disapplication of domestic law has been assumed on the light of the comparison with the common law system and the relationship between equity and case law. Thanks to this comparative approach and the analysis of the jurisprudence of the Supreme Court (formerly House of Lords), the Author highlight the nature of “delegation” of powers and not of transfer of sovereignty inherent in the relations between member states and the European Union. At the same time, through the reconstruction of the jurispru- dence of the European Court of Justic…
EC sex equality law in Latvia. Rights of persons with regard to child-birth
2006
Electronic Communications Law legal issues and the effect of it towards freedom, security and justice in the Republic of Latvia
2020
On 15 March 2006, the European Union adopted the Data Retention Directive 2006/24/EC which regulated the Internet Service Providers storage of telecommunications data and could be used to fight serious crime in the European Union. This directive was needed, because people in the European Union needed a higher level of data protection. Since multiple countries had their own data retention laws, the European Parliament and the Council saw the need to harmonise and strengthen the data retention in the European Union. Despite the noble intentions, the European Court of Justice declared it invalid on 8 April 2014. Yet, the essence of the Directive was transposed to each and every national data r…
Droghe leggere e criminalità organizzata: una relazione problematica
2022
Il contributo analizza il tema dei rapporti tra trattamento penale delle droghe c.d. “leggere” e contrasto alla criminalità organizzata dedita al narcotraffico, con riguardo all’ordinamento europeo, internazionale e di alcuni Paesi dell’UE (Spagna, Portogallo, Grecia, Germania e Italia). Seguendo un approccio di tipo integrato, all’analisi del dato normativo si affianca la descrizione della fenomenologia dei traffici e la valutazione dei primi effetti che le riforme antiproibizioniste entrate in vigore in alcuni ordinamenti del Nord e del Sud America hanno prodotto sul fronte del mercato illecito. Il fine è di evidenziare i punti di forza e di debolezza dei modelli di depenalizzazione, tene…
Protecting 3D service marks in the EU: the trademark registration dilemma
2020
The thesis aims to illuminate the ill-defined requirements and their theoretical applicability of registering a three-dimensional service mark consisting of a store layout in the wake of the Apple judgement in 2014, granting for the possibility of registering a sign lacking in absolute sizes, relative proportions, as long as the sign passes the “departs significantly” criterion, a relative concept primed for misapplication. Given the market power of certain multinational companies, granting trademark protection on their business environs in the EU may result in distorted competition by abusing the existing legal system. Throughout the analysis the thesis concludes that minimalism-inspired l…
Jurisdiction in cross-border trademark infringements on the internet in the EU
2019
The Internet has transformed everything. And the area of intellectual property and private international law are not exceptions. This paper examines how jurisdiction rules, initially designed for offline cases, are applied in the context of online trademark infringement. It has been found that differentiation should be made with respect to national trademarks and the EU ones - Brussels I Recast applies to the former and European Trademark Regulation to the latter. With national trademarks, the jurisdiction may be granted on the basis of defendant's domicile, place of registration, place of activation of infringing content and the place of access to it. The same applies to the EU trademarks,…