scholarly journals La protección del crédito transfronterizo mediante la orden europea de retención de cuentas. En torno a la STJUE C-555/18 de 7 de noviembre de 2019 = The protection of the cross-border credit by the European Account Preservation Order. Regarding the ECJ Judgment C-555/18 Of 7 November of 2019

2020 ◽  
Vol 12 (1) ◽  
pp. 444
Author(s):  
Isabel Antón Juárez
Keyword(s):  
Precautionary Measure ◽  
Provisional Measure ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
National Courts ◽  
The Cross ◽  
Sobre Todo ◽  
The Way

Resumen: La orden europea de retención de cuentas es una medida muy útil que intenta facilitar el cobro de las deudas transfronterizas. La sentencia del TJUE de 7 de noviembre de 2019 es la primera sentencia sobre el Reglamento 655/2014. Reglamento europeo que instaura esta medida cautelar europea en todos los Estados miembros de la UE a excepción de Dinamarca. Esta sentencia muestra que la aplicación de la orden europea de retención de cuentas puede no resultar fácil de aplicar a los tribunales nacionales. Una de las razones es que su aplicación requiere de una combinación armónica entre lo dispuesto en el Reglamento 655/2014 y los derechos procesales nacionales. El TJUE, con esta sentencia que analizamos, intenta allanar el camino hacia la búsqueda de esa aplicación armónica y sobre todo homogénea del R. 655/2014 por los tribunales nacionales de los Estados miembros.Palabras clave: medida cautelar, orden europea de retención de cuentas, deuda transfronteriza.Abstract: The European Account Preservation Order is a very useful measure that attempts to facilite the collection of cross-border debts. The ECJ judgment of 7 of November of 2019 is the first about the Regulation 655/2014. This Regulation establishes the European precautionary measure in all EU member states with the exception of Denmark. This ruling shows that the application of the European Account Preservation Order may not be easy to apply to national courts. One of the reasons is that its application requires a harmonious combination between the provisions of Regulation 655/2014 and national procedural orders. The ECJ with this judgment that we analyze tries to pave the way towards the search for that harmonious and especially homogeneous application of R. 655/2014 by the national courts of the member states. Keywords: provisional measure, European Account Preservation Order, cross-border debt.

scholarly journals Digital Content Portability and its Relation to Conformity with the Contract

2021 ◽  
Vol 15 (1) ◽  
pp. 53-84
Author(s):  
Pavel Koukal
Keyword(s):  
Member State ◽  
European Commission ◽  
Digital Content ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
Consumer Rights ◽  
Legislative Proposals ◽  
Scope Of Application ◽  
The Cross

In this paper the author analyses the possible convergences and divergences of two current legislative proposals of the European Commission: the Portability Regulation and the Digital Content Directive. Both proposals address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of cross-border portability of the digital content provided for monetary counter performance to consumers. The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of “conformity of the digital content with the contract” [Art. 6 (1), (2) Digital Content Directive). The author aims to answer whether a consumer who is not allowed to use the digital content in EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract.

Implementation of the Cross-border Care Directive in EU Member States: Luxembourg

2014 ◽  
Vol 21 (1) ◽  
pp. 56-64 ◽  
Author(s):  
Mike Schwebag
Keyword(s):  
Patient Rights ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
Patients Rights ◽  
Cross Border ◽  
The Cross

Abstract The Cross-border Care Directive sets up basic patient rights in case of cross-border healthcare. These rights concern both the country of affiliation and the country of treatment of the patient. The article briefly describes the state of the transposition in Luxembourg, with a focus on the draft act on patients’ rights and obligations. This new act on patient rights and obligations will apply without distinction to domestic and cross-border patients, thus transposing most of Luxembourg’s obligations as a country of treatment of a cross-border patient.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

scholarly journals Europäische Gemeinnützigkeit

2020 ◽  
Author(s):  
Benjamin Schmidt
Keyword(s):  
Conceptual Framework ◽  
Legal Practice ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
European Foundation

This thesis seeks to develop a conceptual framework for EU-compliant charity laws. It analyzes critically the legal practice that has emerged in many EU member states after the ECJ decisions in Stauffer and Persche: to require charitable “free movers” to comply with all charitable law requirements of the country in which tax exemption is sought (so-called “strict” comparability test). Further, the thesis focuses on the readiness of national charity laws to administer cross-border cases, the introduction of “new” national factors into charity laws and the proposal for a European Foundation Statute.

scholarly journals Cross-border approach to regions’ smart specialization: experience of the EU member states

2020 ◽  
Vol 7 (3) ◽  
pp. 36-48
Author(s):  
Olha Demedyuk ◽  
Khrystyna Prytula
Keyword(s):  
Regional Development ◽  
Recent Decade ◽  
Innovation Systems ◽  
Member States ◽  
Innovative Strategies ◽  
Eu Member States ◽  
Border Regions ◽  
Cross Border ◽  
Smart Specialization ◽  
The Eu

In the recent decade, the EU Member States have been actively implementing the regional development policy based on innovative strategies of smart specialization. However, lately, European researchers have been paying increasing attention to the issues of regions’ capacity to overcome the boundaries of administrative units inside the country and abroad and to the need to consider regions in the context of their functioning among others, especially from the viewpoint of the growing role of their innovative networks in global value chains. That is why currently the EU is addressing the development of cross-border smart specialization strategies. The paper aims to study the European experience on the functioning of cross-border innovation systems and joint strategic planning of cross-border regions’ development based on smart specialization and to outline the opportunities to implement the EU experience of cross-border approach to smart specialization in cross-border regions of Ukraine with EU Member States. The paper analyzes the views of foreign researchers on the links between innovation systems in cross-border space that constitute the theoretical basis of the study of cross-border smart specialization strategies, namely regarding the dimensions and level of their development. The research of European scientists on cross-border innovation systems in specific cross-border regions is examined, in particular on Spanish-French and German-French borders. Directions of implementation of smart specialization projects in cross-border context under the EU programs and other EU instruments that support regions in cooperation for the elaboration of joint view of development with neighbouring economically, socially, culturally, and historically close regions are outlined. The experience and methodology of the first cross-border smart specialization strategy for Spanish and Portuguese regions are studied in detail. The opportunities to use the EU experience by several Western Ukrainian regions based on the joint smart specialization priorities with the neighboring EU states are outlined. For this purpose, 1) the RIS3 strategies of the regions of Poland and Romania adjoining Ukraine and Regional Development Strategies of respective Ukrainian regions were analyzed to detect similar smart specialization priorities; 2) the clusters in the mentioned regions were analyzed as main drivers of achievement of smart specialization goals to detect similar or complementary functioning areas.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

The Inspection and Correction of “Reification” Criminal Law— A Case Analysis Based on Tobacco-Involved Crimes

2021 ◽  
Vol 7 (6) ◽  
pp. 5541-5553
Author(s):  
Chen Cheng
Keyword(s):  
Criminal Law ◽  
Case Analysis ◽  
Legal Order ◽  
Criminal Cases ◽  
Crime And Punishment ◽  
Security Governance ◽  
Business Operation ◽  
Cross Border ◽  
The Cross ◽  
The Way

Superficially, the control of trafficking of counterfeit cigarettes in the name of illegal business operation goes against the spirit of modest and restraint, as well as the doctrine, of the Criminal Law; substantially, however, it is the realistic portrayal of the cross-border governing of market misconduct with “reification” criminal law. In recent years, modern criminal law has opened the way to a transformation of functionalism upon the demand for security governance derived from risks to society. It has gone from being a passive night watchman to being a positive leader and pusher, highlighting the trend of “reification” of functionalism-oriented criminal law. The reification not only weakens the contractual value of crime and punishment but also causes dysfunction of the integral legal order. In this regard, while affirming the legitimacy of the functionalism transformation of criminal law, this paper corrects the trend of "reification" of functionalism-oriented criminal law by declaring the modest value of classical humanity-oriented criminal law, and promotes its return to the modest value of "humanity-oriented" criminal law. Based on the principle of unity of legal order, this paper proposes to build a two-tier judgment model consisting of "general violation" and "punishable violation" in an attempt to provide intellectual support for the processing of criminal cases involving tobacco.

scholarly journals Measuring the efficiency of medical tourism industry in EU member states

2019 ◽  
Vol 26 (2) ◽  
pp. 115-130 ◽  
Author(s):  
Lorena Androutsou ◽  
Theodore Metaxas
Keyword(s):  
Member State ◽  
Medical Tourism ◽  
Health Indicators ◽  
Tourism Industry ◽  
Border Health ◽  
Hospital Discharges ◽  
Content Type ◽  
Eu Member States ◽  
Cross Border ◽  
The Cross

Purpose Under the Directive 2011/24/EU, medical tourism and cross-border health are interrelated terms regarding the freedom to move to get the most accessible medical treatment into EU Member State within the defined procedures for reimbursement. Little known empirically regarding the efficiency of the cross-border health/medical tourism industry. This study aims to measure its efficiency in Europe for the years 2010-2014, by using Data Envelopment Analysis (DEA). Design/methodology/approach Data obtained from OECD and the European Core Health Indicators (ECHI), which is collecting the data through Eurostat. Eurostat collects data on health-care activities and provides data on hospital discharges, including the hospital discharges of non-residents and these include hospital discharges of in-patients and day care patients. The analysis uses “DEA.P, 2.1 for windows” by Coelli (1996). Findings The results show that the Members States health systems were very efficient in handling non-residents in-patients; however, when managing day cases/outpatients, the efficiency scores dropped. Practical implications The findings would have significant associations affecting intentions to revisit clinics and the destination country. In addition, will be useful to those seeking a better understanding of the cross-border health and medical tourism industry efficiency. Originality/value Extending the findings of the European Commission report (2015c) by examining how well medical tourists are informed about the decision they are making, would be of perceived value. These are important indicators at European level by helping each Member State to measure its medical tourism services.

scholarly journals Sudska zaštita prava potrošača 

2018 ◽  
Vol 39 (1) ◽  
pp. 535-570
Author(s):  
Paula Poretti
Keyword(s):  
Consumer Protection ◽  
Fundamental Rights ◽  
Member States ◽  
Protection Policy ◽  
Eu Member States ◽  
Consumer Law ◽  
National Courts ◽  
Consumer Rights ◽  
European Court ◽  
Judicial Protection

<span>At EU level, discussions on the future direction of development of consumer protection policy revolve around the open question of efficiency of mechanisms for protection and realisation of consumer rights in national legal systems of EU Member States. Measures and activities of the EU legislator resulted in ‘competing’ mechanisms, which objectively creates a need for examination of the extent to which their functions overlap as well as if it is possible to detect the (most) appropriate way for protection of consumer rights. The analysis in the paper starts from the presumption that the consumer protection policy was developed within the measures aimed at integration of the Single Market and harmonization of consumer laws, on the one side and the recognized need of consumer protection as a social and political goal, on the other side. In this sense, the main point discussed in the paper is whether the recent development in the field of consumer protection, including the recent judgments of the European court could be interpreted as a reflection of the notion that the efficient judicial protection of (individual) consumer rights is (yet) again a priority at EU level. In the first part of the paper the development and application of mechanisms which represent a certain kind of alternative to the judicial consumer protection will be presented. In the second part of the paper, we will consider if the all the more present focus on judicial protection of consumer rights at EU level is an indication of a ‘successful experiment which resulted in unexpected outcome’. The required argumentation will be provided through monitoring of the trend of ‘proceduralization’ or ‘europeanisation’ of the national consumer law in the jurisprudence of the European court. The effect of Article 47 EU Charter of Fundamental Rights and its requirement of efficient protection of procedural rights of individuals before national courts of EU Member States will be analysed in detail. At the same time, the recent activities of the European Commission directed at court proceedings before national courts and removal of barriers in their work in the field of consumer protection will be taken into account.</span>

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