OS ECJ-TF 1/2018 on the Compatibility of Limitation-on-Benefits Clauses with the EU Fundamental Freedoms

2018 ◽  
Author(s):  
João Félix Pinto Nogueira
Keyword(s):  
Fundamental Freedoms ◽  
The Eu

scholarly journals The Many Uses of Anti-Money Laundering Regulation—Over Time and into the Future

2018 ◽  
Vol 19 (5) ◽  
pp. 1149-1167 ◽  
Author(s):  
Maria Bergström
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
International Context ◽  
Regulatory Strategies ◽  
Regulatory Strategy ◽  
Fundamental Freedoms ◽  
Fast Development ◽  
The Many ◽  
Privacy Issues ◽  
The Eu

AbstractGiven the fast development of the field of AML Regulation, this Article aims to answer the following questions: First, how is money laundering dealt with and regulated on the EU level? Second, to which legal concerns do the chosen regulatory strategy give rise? Accordingly, this Article provides an overview of the various regulatory strategies in the global and EU regional AML Regime while at the same time points out some of the most pressing legal concerns in AML Regulation. These include the blurred line between administrative and criminal law measures and the protection of individual rights and fundamental freedoms including data protection and privacy issues in administrative and criminal law contexts respectively. Although briefly mentioning the global and international context, the focus of this Article is the EU regulatory action, its outcome and critique, and possible future.

scholarly journals The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?

2015 ◽  
Vol 21 (2) ◽  
pp. 472-478
Author(s):  
Gina Orga-Dumitriu
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
Effective Protection ◽  
Fundamental Freedoms ◽  
The Right ◽  
The Eu

Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.

Die steuerliche Integration des Europäischen Binnenmarktes durch Doppelbesteuerungsabkommen

2016 ◽  
Author(s):  
Jakob Billau
Keyword(s):  
Case Law ◽  
European Market ◽  
Tax Law ◽  
Double Taxation ◽  
The Core ◽  
European Single Market ◽  
Viable Solution ◽  
Single European Market ◽  
Fundamental Freedoms ◽  
The Eu

The author offers a way to eliminate harmful double taxation within the Single European Market. Although the Single European Market has been the central core of the European unification, its completion has yet to be achieved. Particularly, double taxation between the Member States of the EU is an enduring problem without any viable solution in sight. The ECJ holds in settled case law that the fundamental freedoms comprise no ban of genuine juridical double taxation. The author examines art. 293 2nd dent EC as a possible solution. This article opens the instruments of international tax law for purposes of European tax law. The analysis concludes that the article comprises a commitment to eliminate double taxation within the European Single Market by using double tax treaties. The core of this article is drafted into a directive, transferring the analysis into current law. The author is a lawyer and a certified tax advisor in Stuttgart, Germany.

scholarly journals Przeniesienie siedziby statutowej spółki do innego państwa członkowskiego w świetle swobody przedsiębiorczości

2018 ◽  
Vol 112 ◽  
pp. 199-208
Author(s):  
Robert Stefanicki
Keyword(s):  
Member State ◽  
Case Law ◽  
Point Of View ◽  
The European Union ◽  
Court Of Justice ◽  
Fundamental Freedoms ◽  
Registered Office ◽  
Restrictive Measure ◽  
Business Conditions ◽  
The Eu

TRANSFER OF THE COMPANY’S REGISTERED OFFICE TO ANOTHER MEMBER STATE IN THE LIGHT OF THE EU FREEDOM OF ESTABLISHMENTIn the light of the established case-law of the Court of Justice of the European Union, all normative regulations that hinder or significantly impede the exercise of fundamental freedoms guaranteed by the Treaty are considered as limitations. Deviations from the above rule should be justified, and the restrictive measure should be appropriate to ensure the accomplishment of the adopted objective and not going beyond what is necessary to achieve it. Therefore, the question arises as to what extent the company’s personal status may be determined by the law of each Member State and how the solution in this aspect is important from the point of view of implementing business conditions.

scholarly journals Compliance of Legal Regulation of the Republic of Lithuania with the EU Resolution on COVID-19 Vaccines

2021 ◽  
Vol 3 (21) ◽  
pp. 53-69
Author(s):  
Erika Statkienė ◽  
Renata Šliažienė
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Legal Regulation ◽  
Reasonable Doubt ◽  
Fundamental Freedoms ◽  
Provision Of Services ◽  
The Republic ◽  
The Government ◽  
Vaccination Certificate ◽  
The Eu

The aim of this article is to evaluate compliance of the legal regulation of the Republic of Lithuania with the EU resolution on Covid-19 vaccines. The main goal is to investigate the government implemented extraordinary legal measures to control the pandemic situation in Lithuania by processing the goal of planned COVID-19 vaccination quantities and to evaluate their compliance with the EU resolution on COVID-19 vaccine. By using qualitative analysis of scientific literature and documents, statistical data analysis, comparative method of legal acts analysis, the purpose to identify the possible consequences of inadequate legal regulation implementation, affecting observance of human rights and fundamental freedoms, have been exceeded. The article aims to indicate whether there are any unreasonable, over excessive, legal measures in Lithuanian government decisions in trying to control the epidemic and distribution of vaccinations, by implementing legal restrictions against non-vaccinated people. Also, whether legal measures are objectively discriminatory and what the risks of such implementation are. The goal of the research is to indicate the main imposing restrictions, such as non-provision of services, accessing them and getting free health services, not limiting employees to continue their work without the vaccination certificate, not allowing customers in supermarkets or restaurants etc., which causes certain differences between social groups, allowing a reasonable doubt for discriminatory manifestations to be raised, therefore indicating the violation of human rights and fundamental freedoms in the process. Keywords: Lithuania, COVID-19, vaccination, restrictions on human rights.

scholarly journals On International Protection Of Minorities; Aspects Of Minorities Protection By Albanian Legislation

2016 ◽  
Vol 12 (8) ◽  
pp. 258
Author(s):  
Senada Reci ◽  
Luljeta Zefi
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Legal Protection ◽  
Integration Process ◽  
Council Of Europe ◽  
International Protection ◽  
Bilateral Agreements ◽  
The People ◽  
Fundamental Freedoms ◽  
The Eu

Minorities are part of the people living in a country and being not part of the majority of the population, always have problems relating to the implementation of the rights and fundamental freedoms to them. Filling this vacuum is internationally seen the Framework Convention for the protection of minorities, which sets targets to be achieved by States and its implementation is provided primarily by the measures taken on the national law and secondarily by bilateral agreements since its provisions are not directly applicable. There are also some other international acts of the Council of Europe that sanction rights for minorities. But this paper devotes attention to Albanian legislation and its commitments to enforce the rights and protection of minorities, especially in the context of the integration process in the EU, where the approach of the standards of the acquis for minorities is the focus of monitoring alongside the fundamental human rights and freedoms from the European Commission. EC has introduced the issue of minorities in the Albanian legislation with problems and situation outside the framework of legal protection because of the vacuum of a legal act for minorities, and this paper aims to present some aspects of the problem reflected in its analysis.

scholarly journals The Fight Against Terrorism

2017 ◽  
Vol 6 (1) ◽  
pp. 167-173
Author(s):  
Fatos Hasani
Keyword(s):  
Policy Making ◽  
Executive Power ◽  
Special Importance ◽  
Terrorist Threat ◽  
Fundamental Freedoms ◽  
The Future ◽  
The Eu

Abstract Understanding the phenomenon of terrorism, his perception and conceptual theories developed for this purpose have a special importance. Only after acquainted with a phenomenon, then we can face it. So after this process we can guarantee the highest possible protection of the rights and fundamental freedoms that can be put under a huge risk of such an operation of revealing the phenomenon. Providing consultancy to policy-making and executive power bodies, the active action in the fight against terrorism including the sciences product offer different fields, as a key instrument in this process is of special importance. Challenges they offer, the desire to serve a cause higher still, that of increasing the rights and fundamental freedoms on the highest pedestal, requires the scientists to do something more, which will inspire many other efforts in the future to assist in preventing and combating the terrorist threat. In this spirit, the technology offered policies for the EU and generally front against terrorism, a key instrument for achieving this goal.

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