Search results for "european union law"
showing 10 items of 44 documents
Harmonization of Insurance Supervisory Law
2015
This chapter addresses the fundamental issue of what degree of harmonization applies in the Solvency II system. Distinguishing among the several degrees of harmonization—minimum harmonization, maximum harmonization, and full harmonization—leads to the conclusion that the Solvency II Directive has full harmonization as its objective. This has two important ramifications: First, the Solvency II Directive requires that any insurance supervisory regime implementation by the respective national legislators must completely align with the European insurance supervisory regime. Second, a system of full harmonization prohibits national legislators from unilaterally enacting additional measures not p…
The Concept of Worker in European Union Law and Its Application to the New Economic Realities. Is the Reasoned Order of the CJEU in the Case of Food …
2020
The complex interpretation of the concept of worker for European Union law has been caught up, as it could not be otherwise, with the question of digital platforms and the new way of organising labour. In this work, the CJEU's Reasoned Order will be analysed, where for the first time an approach is made to the subject of the concept of worker applied to digital platforms in the field of Union law.
Understanding the Consequences of Accounting Standards in Europe: The Role of EFRAG
2012
The global financial crisis has accelerated the need for standard-setters to demonstrate that they understand the effects of the accounting standards they are setting. Within a European context, the endorsement process and the ultimate adoption of new and amended International Financial Reporting Standards into European Union law demand that there is evidence to support the assertion that such standards will improve financial reporting. Our analysis is anchored in the ideology theory of regulation which provides a compelling case for effect analysis to underpin the standard-setting process. For that process to work effectively, a number of key actors need to engage in the process. According…
European Union Protection System
2014
Traditionally, the EU law (characterised as acquis communautaire) is divided into the primary law and the secondary law. This distinction of the EU law is not based on a hierarchy of norms but, as it is justly admitted in the legal literature, on sources: if the EU primary law originates from the EU Member States as ‘Masters of the Treaty’, the EU secondary law—directly from EU institutions. In the case of IGOs (as well as other IP objects such as trade marks, designs, patents, and plant variety rights), their regulation is ensured both by the EU primary law and the EU secondary law which will be reviewed separately in Part II of the book.
Challenges in EU External Climate Change Policy-Making in the Early Post-Lisbon Era: The UNFCCC Copenhagen Negotiations
2011
The 15th United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP) meeting held in Copenhagen from 7 to 18 December 2009, which took place one week after the entry into force of the Treaty of Lisbon on 1 December 2009, has brought about rather disappointing outcomes from the perspective of the European Union (EU), which had previously displayed substantial leadership within the UN climate regime. Contrary to the EU’s objectives for the COP15 meeting, no legally binding agreement was reached to succeed the Kyoto Protocol after 2012 and the final Copenhagen Accord contained disappointingly few ambitious targets. This chapter tries to explain how this resul…
Case Comment: C-82/10 European Commission v Ireland - Judgement of the Court of Justice of the European Union, September 29, 2011 (VHI Case)
2011
This article (published online for the EJLE, see below) is the case comment on the recent judgement (September 29, 2011) of the Court of Justice of the European Union in the case No C-82/10 concerning non-life insurance. This case was initiated by the European Commission against Ireland for failure to fulfil its obligations by not covering the Voluntary Health Insurance Board by insurance supervisory scheme as provided for by relevant Directives. The above insurance institution which is the main health insurer in Ireland enjoys exemption from the supervisory scheme envisaged by relevant Directives. Ireland may maintain this exemption if its capacity is not amended; otherwise the above insti…
A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida
2013
This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injure…
OS ECJ-TF 1/2020 on the General Court Decisions of 24 September 2019 in The Netherlands v. Commission (Starbucks) (Joined Cases C-760/15 and T-636/16…
2020
This article provides a comprehensive exame of the decisions of the EU General Court in the cases The Netherlands v. Commission (Starbucks) (Joined Cases C-760/15 and T-636/16) (hereinafter Starbucks NL) and Luxembourg v. Commission (Fiat Finance and Trade) (Joined Cases T-755/15 and T-759/15) (hereinafter Fiat), decided on 24 September 2019. These are the first in a series of expected decisions concerning the legality of the European Commission's decisions considering certain transfer pricing rulings granted by Member States to multinational enterprises (hereinafter MNEs) to constitute State aid. The GC reached different verdicts in the two cases. Whereas in Starbucks NL it annulled the Co…
Disease awareness campaigns in printed and online media in Latvia: cross-sectional study on consistency with WHO ethical criteria for medicinal drug …
2018
Background European legislation prohibits direct-to-consumer advertising of prescription medicines, but allows drug manufacturers to provide information to the public on health and diseases. Our aim was to measure the frequency of disease awareness campaigns in Latvian media and assess their compliance with international and European standards. Methods Materials on health/disease and treatments were collected between April and September 2015 from 12 newspapers and magazines and six online portals. Disease awareness campaigns were assessed using a previously developed instrument based on the WHO Ethical Criteria for Medicinal Drug promotion and European standards (EU law and pharmaceutical i…
Spunti per una Rilettura della Disciplina Giuridica degli Internet Service Provider (Ideas for a New Reading of the Law Regulation of Internet Servic…
2018
Italian Abstract: Il saggio affronta il problema della cosiddetta responsabilita del fornitore di servizi internet in base ai seguenti artt. 12-14 dir. 00/31, con specifico riferimento alle violazioni del diritto d'autore. Lo studio mira a dimostrare che la legge europea sui fornitori di servizi Internet non e una legge sulla tort, ma disciplina una sfera di azione legale a favore dei fornitori di servizi internet. L'analisi della giurisprudenza della Corte di giustizia rivela che il rimedio primario contro i reati commessi su Internet e un'ingiunzione, mentre i danni costituiscono solo un rilievo secondario. Cio conferma l'ipotesi che artt. 12-14 dir.00 / 31 tracciare il perimetro dell'att…