scholarly journals The New European Union Whistleblowing Directive: In Comparison to Indonesia’s Practice

2021 ◽  
Vol 7 (3) ◽  
Author(s):  
József Hajdú ◽  
Rofi Aulia Rahman
Keyword(s):  
European Union ◽  
Vital Role ◽  
Equal Treatment ◽  
The European Union ◽  
Public And Private ◽  
Work Related ◽  
Minimum Standards ◽  
Internal Whistleblowing ◽  
Roll Back ◽  
The Eu

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS’s public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU’s supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive’s main features and some presumable obstacles for implementation. The hypothesis is that the new Directive might enhance the fairwork-place environment, roll back fraud and corruption, reduce work-related wrongdoing and manage equal treatment and no-discrimination policy including bullying and sexual harassment. However, some theoretical and pragmatic discrepancies will be introduced as well.

scholarly journals Age-training gaps in the European Union

2012 ◽  
Vol 34 (1) ◽  
pp. 129-156 ◽  
Author(s):  
FIONA CARMICHAEL ◽  
MARCO G. ERCOLANI
Keyword(s):  
European Union ◽  
Older People ◽  
Labour Force ◽  
The European Union ◽  
Work Related ◽  
Cross Country ◽  
The Relationship ◽  
And Training ◽  
Normal Work ◽  
The Eu

ABSTRACTThis paper examines the relationship between age and training in the 15 European Union countries (EU-15) that were member states prior to the 2004 enlargement. The analysis is carried out using European Union Labour Force Survey data. We report cross-country comparisons of the training undertaken by older people (aged 50–64) and younger people (aged 20–49). We extend previous research by adding an analysis of the training undertaken by non-workers as well as that of workers. We also consider whether training is work-related, whether it is undertaken during normal work-hours and the time spent in training. Our results show that across the EU-15 not only are older people less likely to participate in training in general but, more importantly, they are less likely to participate in work-related training. Our evidence suggests that there is considerable scope for raising the training rates of older people and particularly older people who are out of work.

Equal Treatment of Third-Country Nationals in the European Union: Why Not?

2019 ◽  
Vol 21 (1) ◽  
pp. 53-82
Author(s):  
Dáire McCormack-George
Keyword(s):  
European Union ◽  
Equal Treatment ◽  
Eu Law ◽  
The European Union ◽  
Public Authorities ◽  
The Eu ◽  
Third Country Nationals

Abstract This paper outlines an argument for the equal treatment of third-country nationals in the EU. The argument is in two parts. It argues, doctrinally, that the reasons in favour of treating third-country nationals equally are weighty. Second, it suggests that, politically, conceptually and sociologically, third-country nationals should generally be entitled to equal treatment, a guarantee which may be subject to specific exceptions. The reasons for such exceptions should be clearly stipulated by public authorities. The approach which emerges from this position should lead to a more coherent concept of equality emerging in EU law, something which should be amenable to European egalitarians.

scholarly journals Equality and Diversity Management Inside the Institutions of the European Union

2020 ◽  
Vol 12 (1) ◽  
pp. 223-240
Author(s):  
Silvia Manessi
Keyword(s):  
European Union ◽  
English Language ◽  
Diversity Management ◽  
Legal Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Legal Provisions ◽  
Starting Point ◽  
Equality And Diversity ◽  
The Eu

The aim of this paper is to analyse the legal framework regulating the careers of civil servants working for the EU institutions and reveal how the values of equality and diversity are communicated and embedded in their daily lives. The research examines the English language used in the HR legal framework of the EU institutions and explores the linguistic aspects related to equality and diversity management and inclusive language. The starting point of this research is the idea that the European Union is based on the values of democracy, the rules of law and the equal treatment of its citizen, who are celebrated for their diversity. It is thus highly relevant to look at the EU in action and see if it is consistent in the understanding and application of these values. The methodological approach of this research entailed the creation and analysis of a unique corpus composed of all the applicable HR legal provisions in force within the EU institutions, and the examination of the linguistic features (word lists by frequency, concordances, collocations and lexical bundles) of the terminology related to four different areas of equality and diversity – the LGBTI community, gender, the elderly and persons with a disability – with the final aim to take stock of the related developments in the use of the English language. The results indicate that the language used in the EU HRM legal framework is not in line with the EU values of equality and diversity, and the research concludes with highlighting possible improvements of the language used in the corpus.

Regulating Medical Devices in the European Union

2020 ◽  
Author(s):  
Aurélie Mahalatchimy
Keyword(s):  
European Union ◽  
Medical Devices ◽  
The United States ◽  
The European Union ◽  
Public And Private ◽  
European Regulatory ◽  
Notified Body ◽  
Private Actors ◽  
Intended Use ◽  
The Eu

This chapter addresses the regulation of medical devices in the European Union. The overall goals of the European regulatory framework for medical devices are the same as the goals of the framework for medicines. It aims to protect public health by ensuring that medical devices are of good quality and safe for their intended use. However, the regulation of medical devices in Europe is very different from the regulation of medicines in two regards. First, unlike medicines, there is no pre-market authorisation by a regulatory authority for medical devices to lawfully enter the EU market. Second, unlike in the United States where the Food and Drug Administration is the primary regulator of devices throughout the nation, the European Union does not have a single regulator of medical devices. Instead, several organisations may be involved, and mainly a notified body in specific cases. The chapter then explains what constitutes a medical device in the EU and how devices are classified according to their level of risk in the EU. It then discusses how medical devices reach the market, how their risks are managed all along their lifecycle, and what kinds of incentives are provided for innovation and competition. The chapter also analyses the balance between public and private actors in the regulation of medical devices. It then concludes with case studies of innovative medical technologies that have challenged the traditional European regulatory scheme and that have led to many revisions in the 2017 device regulations.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

scholarly journals Financial Aspects of the European Green Deal

2021 ◽  
pp. 13-23
Author(s):  
M. Strezhneva
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Clean Energy ◽  
The European Union ◽  
Economic Activities ◽  
Public And Private ◽  
Financial Decisions ◽  
Environmental Objectives ◽  
The Usa ◽  
The Eu

The climate policy of the European Union became the key priority for the European Commission, headed by Ursula von der Leyen. This article analyses both its internal and external dimensions, while concentrating on the finances of the European Green Deal, the multiyear strategy for the EU socio-economic development. The methods are demonstrated which the EC employs to mobilize public and private capital for the realization of the green transit, including the financial instruments designed to assist businesses when investing in clean energy and industry. The notion of ‘sustainable’ investment is specified that Brussels is guided by when working out its financial decisions. The EU taxonomy, a green classification system that translates the EU's climate and environmental objectives into criteria for specific economic activities for investment purposes, is presented. The research reveals how the market and regulatory powers of the EU are brought to bear in rolling out its controversial Carbon Border Adjustment Mechanism. By means of this transnational taxation Brussels hopes to avoid carbon leakage: the situation that allegedly may occur if European carbon-intensive businesses were to transfer production to other jurisdictions with laxer emission constraints. Yet a lack of flexibility in applying the CBAM is causing concern in many countries of the world, including the USA, Brazil, South Africa and China. In EU-Russia relations in particular, it risks increasing political tensions and/or causing trade retaliation due to low levels of mutual trust. Russia developing energy transition plans of her own, her efforts in this respect are now visibly stimulated by the declared EU intention to externalize its regulatory practices. At the same time, Moscow perceives this externalization as an imposition which is most unwelcome and hurts Russia disproportionally. Presumably, the European Union could put more effort in negotiating and developing this latest European initiative with international partners to win new willing ears for it.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 963-1030
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

scholarly journals Foreign direct investments screening in EU law at the time of the crisis caused by the pandemic

2021 ◽  
pp. 361-374
Author(s):  
Mirjana Radović
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Foreign Direct Investments ◽  
Eu Law ◽  
The European Union ◽  
Current Crisis ◽  
Member States ◽  
Minimum Standards ◽  
And Control ◽  
The Eu

The European Union is generally open to inward foreign direct investments (FDI). However, over recent years there is a rising trend in screening of inward FDI from third countries in the Member States. As a result, the Regulation (EU) 2019/452 on screening of foreign direct investments was enacted. In this paper the author, firstly, explains the reasons for a change in treatment of inward FDI from third countries within the Member States and the EU itself. The second part of the paper contains an analysis of the legal framework for FDI in the EU, in order to determine the possibility of their restrictions through national legislations. Special attention is given to the FDI-Screening Regulation and its minimum standards for national screening mechanisms. Finally, the author examines how the COVID-19 pandemic affects the treatment of FDI in the EU and concludes that the current crisis has contributed to further expanding the scope and importance of their screening and control.

scholarly journals The impact of securities regulation in the European Union on M&A: Does it compensate to go beyond borders?

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rita Monteiro ◽  
Sónia Silva
Keyword(s):  
European Union ◽  
Investor Protection ◽  
Equal Treatment ◽  
The European Union ◽  
Content Type ◽  
Cross Border ◽  
Eu Directive ◽  
Takeover Bids ◽  
The Impact ◽  
The Eu

Purpose The purpose of this study is to examine the impact of the transposition of the EU directive that regulates M&As on cross-border deals. Acquirers of targets located in the European Union (EU) must comply not only with takeover rules set individually by member states but also with European Council Directives. The most significant of these Directives in the context of mergers and acquisitions (M&As) is the Takeover Bids Directive (TBD). The intent of the Directive is to ensure equal treatment for all companies launching takeover bids or that are subject to a change in control, providing minimum harmonization rules in view of creating a transparent environment for cross-border takeovers. Design/methodology/approach This study uses the event-study and difference-in-differences approaches. Findings Using a sample of 2,129 M&As conducted between 2000 and 2015, this paper finds positive acquisition synergy for acquirers targeting firms from countries with stronger investor protection rules compared to the average of the EU, but no evidence regarding cross-border deals. The results support the prediction that regulation makes countries diverge more depending on their ex ante level of investor protection. Originality/value This study examines the impact of the enactment of the TBD on announcement returns of M&As in the EU.

scholarly journals CONTRIBUTION OF CEFTA AGREEMENT TO THE DEVELOPMENT OF CEFTA ECONOMIES // DOPRINOS „CEFTA“ SPORAZUMA RAZVOJU EKONOMIJA DRŽAVA ČLANICA

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Sanel Jakupović ◽  
Milanka Aleksić ◽  
Vesna Novaković
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Equal Treatment ◽  
The European Union ◽  
Manufacturing Companies ◽  
Full Membership ◽  
Member States ◽  
Positive Direct ◽  
The Impact ◽  
The Eu

Implementation of the “CEFTA 2006” agreement lasts for ten years, and in order to make explicit the importance of the agreement it should be presented base contribute to the economy of the Member States. Through this work it will be shown the contribution agreement for economic activities in Bosnia and Herzegovina. The main contribution is increasing in trade among the member countries of the agreement and preparing for full membership in the EU, also adapting to the standards and conditions in the EU market. This statement is characteristic also and for Bosnia and Herzegovina. With the application of other trade agreements the basic goal of Bosnia and Herzegovina trough implementation of CEFTA 2006 is to extent adequate preparation for accession to full membership of the European Union. This agreement is an agreement on free trade in industrial goods and most agricultural goods between member states, the agreement defines the equal treatment of domestic and foreign investors, as well as the openness of public procurement markets. Certain studies prove positive direct and indirect effects of CEFTA Agreement on economic growth, the objective of the study is to confirm the link between the services and the productivity of the manufacturing companies that rely on the services sector as an input product. This paper will indicate the impact of the agreement on the economic development in Bosnia and Herzegovina, in terms of trade relations with member states of the European Union and member countries of the CEFTA agreement. Since CEFTA acting as a preparation for membership of the European Union, countries that have signed the agreement on the EU full membership withdrawn from the CEFTA, which is also the main goal of Bosnia and Herzegovina.

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