Punishing Corruption in the Public and the Private Sector: The Legal Framework of the European Union in the International Scene and the Greek Legal Order

Author(s):  
2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.


Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 11-15
Author(s):  
Dieter Schlenker

This article outlines the insights gained during the establishment of a communications strategy for the Historical Archives of the European Union (HAEU) in Florence. The article reflects on how key messages of a unique transnational European archives are construed from its mission, legal framework and in close collaboration with EU institutional archives services. It also sheds light on how to identify a specific European target audience for the Archives and other key elements of a communications strategy for a European archives.The HAEU is the official home for the historical documents of the European Union Institutions, Bodies and Agencies. It is part of the European University Institute, a unique academic hub for doctoral and post-doctoral European studies. It houses, at Villa Salviati in Florence, seven kilometres of paper and digital archives as well as rich audio-visual and oral history collections documenting the historical process of European integration and cooperation. The EU-institutional archives are made accessible to the public after 30 years.The HAEU also hosts 160 deposits of private papers from eminent European political leaders, EU officials and pioneers in the European integration process, and a unique collection of archives of pro-Eu-ropean movements and non-EU organisations with a European scope, such as the European Space Agen-cy and the European Free Trade Association.


Author(s):  
Miriam CUETO PÉREZ

LABURPENA: Ekonomiaren krisiak ordenamendu juridikoan duen eragina jorratzen da lan honetan, urte hauetan zehar sortu eta ordenamendu juridikoari gehitu zaizkion ezaugarriak aztertuz. Administrazio publiko guztietan aurrekontu-egonkortasuna ezartzeko agindu du Europar Batasunak. Horrek Konstituzioa erreformarazi du eta ondorio eta erreforma ugari ekarri ditu sektore publikoan, batik bat antolamendu-ahalmenari eraginez. Erreforma horiek Estatuko lurralde bakoitzari zenbateraino eragiten dion ere baloratzen da. RESUMEN: Este trabajo tiene como objeto abordar la incidencia de la crisis económica en el ordenamiento jurídico analizando los rasgos que han ido surgiendo e incorporándose al ordenamiento jurídico a lo largo de estos años. La reforma de la Constitución como consecuencia de la exigencia de la Unión Europea de incorporar el principio de estabilidad presupuestaria vinculando a todas las Administraciones públicas ha traído importantes consecuencias y numerosas reformas en el sector público, afectando en especial a la potestad de organización. El alcance de esas reformas en los distintos niveles territoriales del Estado es igualmente objeto de valoración. ABSTRACT: This works aims at dealing with the impact of economic crisis in the legal order by analyzing the features that for the last years have arisen and been incorporated onto the legal order. The reform of the Constitution as a consequence of the European Union request of incorporating the principle of budgetary stability binding all public administrations has carried out important consequences and many reforms in the public sector, having a particular effect on the power of organization. The scope of those reforms in the several territorial levels of the State is likewise to be valued.


Author(s):  
Binhan Elif Yılmaz ◽  
Ferda Yerdelen Tatoğlu ◽  
Sinan Ataer

The effects of the government investments and private sector investments on the production, is an important academic argument subject between the Neo-classical school and the Keynesian school. Subject to the financing way of the government sector investments, accruing possibility of private sector investments decreases and crowding-out effect occurs with the behaviours of government sector which restricting the investment area of private sector or changing the investments plans. On the other hand Keynesian economist suggest that the economy is not always in the full employment level. By the hand of Keynesian multiplier mechanism which is increasing the public expenditures and decreasing the taxes, private sector would enhance its investments and crowding-in effect occurs. In this study, we aimed to test the existence of crowding out/in effects of the public sector investments on the private investments in the European Union and a candidate country Turkey with the panel causality tests, over the period 1970-2014.


Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  

The independence of the Prosecutor General of any Member State of the European Union is extremely important with a view to comply with the legal framework and the rule of law. It lays the foundations of trust in the judiciary and the fundaments of statehood, creates a sense of law and legal order. That is why it is highly important in the context of the present to outline the control of the activity of the Prosecutor General in the exercise of his powers, clearly emphasizing that the Bulgarian Prosecutor General is not out of control in his powers. The legal powers of the Prosecutor General of the Republic of Bulgaria are even more limited than the powers of analogous figures in the legal systems of other EU countries. The Prosecutor General exercises his powers only in exceptional cases and according to previously prescribed legal procedures.


Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.


Author(s):  
Viktoriia Makhovka ◽  
Olha Nesterenko

The essence of international business, its active development and expansion, that influence the integration of economic systems and intensification of business relations between countries, are considered. The attention is paid to the international market of the European Union, first of all to Polish-Ukrainian cooperation due to the modern development of international business. The importance of the development of trade and business between Ukraine and Poland is determined, taking into account close relations in the field of economy, politics, culture and historical connections. The legal framework between Ukraine and Poland is substantiated, which ensures the proper development of bilateral cooperation at the level of strategic partnership and emphasizes the presence of an active dialogue between countries. The main agreements between Ukraine and the European Union, which influence the economic cooperation between Ukraine and Poland, are considered, taking into account Polish membership in the EU. The implementation of special projects by the European Union to support the development of Polish-Ukrainian cooperation is determined. The increase of the intensity of economic exchange between Ukraine and Poland, the active development of trade and investment in various spheres of business and the growth of economic indicators are determined. The peculiarities of the development of the small business sector and its influence on the stabilization of socio-economic processes between European countries are substantiated, emphasizing Poland's experience in development of the small business as a driving force on the way to economic integration. The main aspects and characteristics of international business between Poland and Ukraine are determined and the main differences in doing business in these countries are revealed, emphasizing the perspectives of development.


Sign in / Sign up

Export Citation Format

Share Document