Smart Regulation and European Private Law – What linkages?

2013 ◽  
Vol 4 (2) ◽  
pp. 260-263
Author(s):  
Kristel De Smedt
Keyword(s):  
Self Regulation ◽  
Regulatory Environment ◽  
Private Law ◽  
Eu Legislation ◽  
Regulatory Quality ◽  
Better Regulation ◽  
Smart Regulation ◽  
Methodological Approaches ◽  
The University ◽  
The Eu

Private law in Europe has undergone a significant transformation during the last two decades. From a branch of law that was scarcely affected by EU legislation, it has become the object of considerable harmonisation measures to facilitate free trade and protect European citizens. Simultaneously, there has been an increased attention for ‘better regulation’ in the EU. The efforts of the European Commission to improve regulatory quality and to reduce administrative burdens for industry have promoted a regulatory environment in which formal intervention is more limited and self–regulation and co–regulation have emerged as alternatives. The University of Maastricht organized a workshop on ‘Smart Regulation of European Private Law’ in January 2013 with the aim to assess how the Smart Regulation agenda has shaped/can shape European private law; investigate the contribution of different methodological approaches to achieve ‘smart regulation’; and explore opportunities and threats for European private law, in particular in respect with developments in self–regulation and co–regulation. This report shortly summarises the discussions.

I. REFORM OR REVOLUTION? THE FINANCIAL CRISIS, EU FINANCIAL MARKETS LAW, AND THE EUROPEAN SECURITIES AND MARKETS AUTHORITY

2011 ◽  
Vol 60 (2) ◽  
pp. 521-533 ◽  
Author(s):  
Niamh Moloney
Keyword(s):  
Financial Crisis ◽  
Financial Markets ◽  
Hedge Funds ◽  
Action Plan ◽  
Self Regulation ◽  
Main Concern ◽  
Stakeholder Satisfaction ◽  
Better Regulation ◽  
Eu Financial Markets ◽  
The Eu

Since the outset of the financial crisis, the EU financial markets regime1 has been undergoing a period of turbulence which contrasts sharply with the period of relative stability which it briefly enjoyed over 2005–2007 and post-FSAP (Financial Services Action Plan2). The FSAP reforms had been adopted. The Committee of European Securities Regulators (CESR) had emerged as an influential actor, driving some degree of supervisory coordination and co-operation and constructing a significant soft law ‘rule-book.’ And the 2007 Lamfalussy Review suggested broad political, institutional and stakeholder satisfaction with the Lamfalussy process. There was little enthusiasm for grand adventures in institutional design, albeit that supervision, an institutionally-driven concern, was presciently if belatedly emerging as a concern of the EU institutions. The Review's main concern, however, was with strengthening the pragmatic, if somewhat haphazard, network-based, ‘supervisory convergence’ model as the means for supervising the integrating EU financial market. With respect to regulation, reflecting the wider international zeitgeist pre-crisis,3 ‘Better Regulation’ and the need for a ‘regulatory pause’ were the watchwords of a Commission which, once the massive FSAP regime was safely in place, espoused the benefits of self-regulation and highlighted the risks of intervention without impact assessment, extensive consultation and evidence of market failure.4 This was most apparent with respect to credit rating agencies,5 debt market transparency,6 hedge funds,7 and clearing and settlement.8 Institutionally, a relatively sophisticated law-making apparatus, in the form of the Lamfalussy structures, a plethora of advisory bodies and stakeholder bodies (notably FIN-NET which represents the consumer and SME interest), had been established.

Contribution to the Better Regulation Debate

2015 ◽  
Vol 6 (3) ◽  
pp. 357-358
Author(s):  
Claudio M. Radaelli ◽  
Lorna S. Schrefler
Keyword(s):  
Regulatory Policy ◽  
Quality Standards ◽  
The Political ◽  
The Past ◽  
Governmental Organizations ◽  
Regulatory Quality ◽  
Non Governmental Organizations ◽  
Better Regulation ◽  
Fit For Purpose ◽  
The Eu

Two inter–related themes provide the architecture of this better regulation package: the political tone of the initiative and the responsibility/blame game. The tone is in part the consequence of the political context surrounding regulatory policy in the EU. Whilst in the past regulatory quality standards interested only a few top civil servants and elected politicians, today there is much more political interest – and contestation, as shown by the new better regulation watchdog created by non-governmental organizations and their response to the package. The very fact that in May 2015 there was media interest in the leaked version of the chapeau communication is a novelty. Why so much attention? Among others, the rhetoric of the past few years on making the EU acquis fit for purpose and less burdensome, coupled with a growing recognition by stakeholders that impact assessment and policy evaluation are “here to stay” have turned better regulation into an additional window of opportunity for those wishing to influence EU policy–making.

Regulatory and Marketing Challenges Between and U.S. and EU for Online Markets

2005 ◽  
pp. 229-246
Author(s):  
Heiko D. Wijnholds ◽  
Michael W. Little
Keyword(s):  
European Union ◽  
Self Regulation ◽  
Regulatory Environment ◽  
The European Union ◽  
Global Issues ◽  
Legal Problems ◽  
Similarities And Differences ◽  
International Transactions ◽  
The U.S ◽  
The Eu

One of the biggest challenges marketers face with e-commerce is the regulatory environment, both at home and abroad. This is especially pertinent for international transactions between the U.S. and the European Union (EU). This chapter attempts to identify and categorize the major global issues involved. It also points out similarities and differences between the U.S. and the EU on such issues as regulation and self-regulation, taxation, jurisdiction and liability. The purpose of the chapter is to explain the various marketing challenges resulting from specific legal problems. Recommendations are developed for firms contemplating e-marketing to the EU.

scholarly journals Self-regulation of online platform and competition policy challenges: A case study on Go-Jek

2019 ◽  
Vol 20 (1) ◽  
pp. 33-53
Author(s):  
Sih Yuliana Wahyuningtyas
Keyword(s):  
Competition Policy ◽  
Service Providers ◽  
Self Regulation ◽  
Competition Authority ◽  
Market Demand ◽  
The European Union ◽  
Online Platforms ◽  
Better Regulation ◽  
Wide Range ◽  
The Eu

The growth of the digital market has challenged competition policy in terms of how innovation should be considered. This article deals with the current market development in Indonesia as a showcase for how innovation responds to market demand faster than state regulations. The study focuses on Go-Jek, a technology company that offers a wide range of online services, including transportation, delivery, and mobile payment, by bringing together consumers and service providers; hence, Go-Jek plays a role as an intermediary and at the same time also as an infomediary that collects information from users and shares it with its users. While policy makers and regulators struggle to find the most workable policies and regulations, markets take initiatives to regulate themselves to protect the interests of the contracting parties. Questions remain about the extent to which party interests are balanced out and how self-regulation could meet established public policy. The analysis in this article considers Indonesian competition authority (KPPU) Regulation No. 4. In the European Union (EU), the desire to advocate self-regulation has been emphasized in the EU Agenda on Better Regulation in 2015 by considering “well-designed non-regulatory means” in the policy for better regulation. Taking a lesson from the EU, this article discusses three key issues. First, how and to what extent does self-regulation of online platforms govern transactions being made on the platform. Second, what challenges do self-regulation of online platforms pose to competition. Third, which policies could the government make to deal with the self-regulation of online platforms.

scholarly journals Online Platforms and the Digital Turn in EU Contract Law: Unfair Practices, Transparency and the (pierced) Veil of Digital Immunity

2019 ◽  
Vol 15 (4) ◽  
pp. 392-420 ◽  
Author(s):  
Paola Iamiceli
Keyword(s):  
Ad Hoc ◽  
Internal Market ◽  
Private Law ◽  
Digital Revolution ◽  
Eu Legislation ◽  
Online Platforms ◽  
Digital Law ◽  
The New Deal ◽  
The Eu

Abstract The digital revolution has pervaded entire sectors of economy and society, creating new markets and new market intermediaries, able to aggregate massive demand and offer beyond any conceivable thresholds in the offline setting. The article moves from the recent adoption of the EU/2019/1150 Regulation on fairness and transparency for business users of online intermediation services and the pending reform of several consumer directives under the auspices of the Digital Agenda and the New Deal for Consumers. It focuses on the role of online platforms and addresses two main policy issues: (i) whether EU legislation should go beyond the adaptation of existing rules opting for a sharper turn towards dedicated regulatory tools in the field of digital law, and (ii) whether the digital dimension of trade should lead to revise the current focus on consumer protection and, more broadly, the current divide between BtoC and BtoB law. Digital private law is taking the first steps into the internal market. Whereas national private law will continue to provide the general framework for private law matters arising in the internet and may certainly contribute to define model rules for ad hoc legislation on digital trade, the EU legislation is due to play a major role and to find new balances between the fundamental freedoms and the protection of digital users. The digital challenge will enable EU institutions to take part in a global venture well beyond the boundaries of the internal market.

Part III Prospectus Liability and Litigation, 18 The Influence of the EU Prospectus Rules on Private Law

2020 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Private Law ◽  
The European Union ◽  
Political Climate ◽  
Playing Field ◽  
Eu Legislation ◽  
Prospectus Liability ◽  
The Subject ◽  
Civil Courts ◽  
Insight Into ◽  
The Eu

This chapter examines the extent to which the civil courts are bound under EU law by the EU prospectus rules when judging issues of liability. It shows that that the influence of the new EU prospectus rules on private law is potentially considerable, but that the subject is unfortunately surrounded by much uncertainty. EU legislation on prospectus liability would be the best solution, not only for reasons of legal certainty but also for the sake of uniform investor protection and a truly level playing field in Europe. However, in the current political climate, that is likely to be a non-starter for the time being. The chapter concedes that our hopes must therefore be pinned on the Court of Justice of the European Union (CJEU), which will hopefully provide more clarity in the years ahead. But to achieve this the CJEU is dependent on the willingness of national civil courts to submit preliminary rulings with precisely formulated questions that give it sufficient insight into the facts of the case.

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

scholarly journals New Plant Breeding Technologies: An Assessment of the Political Economy of the Regulatory Environment and Implications for Sustainability

2021 ◽  
Vol 13 (7) ◽  
pp. 3687
Author(s):  
Vincent Smith ◽  
Justus H. H. Wesseler ◽  
David Zilberman
Keyword(s):  
Political Economy ◽  
Sustainable Development ◽  
Development Policy ◽  
Regulatory Environment ◽  
The European Union ◽  
Policy Makers ◽  
International Policies ◽  
Modern Biotechnology ◽  
The Impact ◽  
The Eu

This perspective discusses the impact of political economy on the regulation of modern biotechnology. Modern biotechnology has contributed to sustainable development, but its potential has been underexplored and underutilized. We highlight the importance of the impacts of regulations for investments in modern biotechnology and argue that improvements are possible via international harmonization of approval processes. This development is urgently needed for improving sustainable development. Policy makers in the European Union (EU) in particular are challenged to rethink their approach to regulating modern biotechnology as their decisions have far ranging consequences beyond the boundaries of the EU and they have the power to influence international policies.

scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

Sign in / Sign up

Export Citation Format

Share Document