scholarly journals Possible Legal Cooperation for a BRICS Perspective on International and Transnational Economic Law

2021 ◽  
Vol 8 (4) ◽  
pp. 31-37
Author(s):  
E. M. D. Silva ◽  
B. R. S. Campos
Keyword(s):  
Competition Law ◽  
Research Paper ◽  
Administrative Law ◽  
Economic Life ◽  
Brics Countries ◽  
Economic Exchanges ◽  
Convergence And Divergence ◽  
The Creation ◽  
Trade And Investment ◽  
Laws And Regulations

This research paper seeks to identify and analyze the regulations that rule the economic life of the BRICS countries in the fields of foreign investment’s law, competition law and global administrative law, and further to identify points of convergence and divergence among them in order to indicate the possibilities of legal cooperation to facilitate economic exchanges and investments flow among them. We believe that the possible bottlenecks in trade and investment can be overcome mostly by exchange of experiences, to mitigate the lack of knowledge on national laws and regulations, and by the creation of cooperative mechanisms that facilitate the economic flow among them.

How To Write A Narration

2019 ◽  
Vol 7 (4) ◽  
pp. 43-49
Author(s):  
Katyaa Nakova-Tahchieva
Keyword(s):  
Research Paper ◽  
Fifth Grade ◽  
Artistic Creation ◽  
Creation Process ◽  
Literature Education ◽  
The Creation ◽  
Education Process

The present work is part of a research paper for which I extend my heartfelt thanks to Assoc. Prof. Dr. Valko Kanev. It examines some specifics of the artistic creation process that lead to the creation of one of the types of written student texts - the narration. Its variations - "narration by imagination" and "narration by set supports" are regulated in the new fifth grade curriculum. The requirements for writing a narration and the exemplary thematic curriculum of optional literature classes in the 7-tgrade have proven to be applicable in the literature education process.

Competition Policy for the New Era

2018 ◽  
Keyword(s):  
Developing Countries ◽  
Emerging Economies ◽  
Competition Policy ◽  
Competition Law ◽  
Critical Discussion ◽  
Industrialized Countries ◽  
Collective Wisdom ◽  
Brics Countries ◽  
Law And Policy ◽  
The World

This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.

scholarly journals Criminal procedure mechanism of pre-trial settlement of simple criminal and legal disputes: current state and direction of improvement

2019 ◽  
pp. 207-210
Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Administrative Law ◽  
Trial Procedure ◽  
Enforcement Mechanism ◽  
Current State ◽  
The Creation

One of the directions for improving the enforcement mechanism (criminal law norms) is the creation of a simplified pre-trial procedure for resolving simple criminal- legal disputes. The author makes several suggestions for creating such a procedure. This implies increased competition in the legal organization of pre-trial proceedings and the emergence of the possibility of replacing the criminal law measure of liability with administrative law or civil law.

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

Kartellrechtliche Zulässigkeit von Superligen im Fußball

2021 ◽  
Author(s):  
Dennis Cukurov
Keyword(s):  
Conflict Of Interest ◽  
Competition Law ◽  
Competitive Balance ◽  
Prevention Measures ◽  
Before And After ◽  
European Football ◽  
The Creation ◽  
Super League

The creation of a European football super league is becoming more and more likely. Some top clubs want to introduce such a league without involving the UEFA. The UEFA wants to prevent this in order to keep its tournaments free of competition. This conflict of interest is an example of the more general tension between competition law and sport. The author examines not only UEFA’s prevention measures, but also possible cooperation between the clubs. Among other things, he addresses two topics that have been insufficiently discussed so far, the concept of legitimate objective within the meaning of the so-called Meca-Medina test and the competitive balance before and after the creation of a super league, and argues for the implementation of a “more Europe” approach in European football.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

scholarly journals The reform of the system of management of the cities of Galicia in 1889 in the context of regional policy of the Austria-Hungary

2019 ◽  
Vol 2 (50) ◽  
pp. 6-13
Author(s):  
Serhiy Dobrzhanskyi
Keyword(s):  
Executive Functions ◽  
Regional Policy ◽  
Economic Life ◽  
The Creation ◽  
The Law ◽  
Xix Century ◽  
Regional Authorities ◽  
The Impact ◽  
The City ◽  
Special Control

In the article it has been analyzed the specifics of the functioning of self-government bodies of the cities of Galicia in the second half of XIX century. It is proved that the law of 1889 facilitated the formation of elected bodies of self-government. It was indicated that the law of 1889 significantly expanded the rights of urban self-government. Compared to the previous laws (1862 s 1866), which concerned the big cities of Lviv and Krakow, the new law already includes 30 towns.  Particular attention has been focused on functional responsibilities of public council and magistrate. They had the regulatory with supervisory and administrative executive functions respectively. A constant value membership of public council was set at 36, regardless of the number of residents. The head of both organization was burgomaster.  His credentials included: organize the work of the council, sign documents, disciplinary control and representation of the city before the higher authorities.  In return, the regional authorities have supervised that the bodies of self-government have not exceeded powers and has not violated the law. The innovation in 1889 caused by political motives and the need to increase the efficiency of self-governing bodies, elimination of shortcomings in their work. Among them: the fight against the absenteeism and the indifference of elected people, the creation of a managerial hierarchy between the Council and the magistrate, the creation of special control commissions, the audit of municipal finances, and the improvement of clerical management. The changes made it possible to extend the impact of cities on Galicia's socio-economic life. Keywords: Self-government, Magistrate, Burgomaster, Municipal Enterprises.

scholarly journals The quality of competition law institutions and enforcement (Some comparative empirical evidence from BRICS and other countries)

2020 ◽  
pp. 6-20
Author(s):  
Vasiliki Bageri ◽  
Yannis Katsoulacos
Keyword(s):  
Economic Performance ◽  
Empirical Work ◽  
Competition Law ◽  
Empirical Literature ◽  
International Organisations ◽  
Brics Countries ◽  
Using Data ◽  
Set Up ◽  
Intensity Of Competition

Empirical work on the influence of competition policy relies on the construction of indicators for measuring certain attributes of the relevant laws and institutions that can be hypothesized to influence the “quality” of these laws and institutions and hence their effect on competition and economic performance. This paper contributes to the methodological literature on indicators of the quality of Competition Law Institutions & Enforcement (CLI&E) and to the empirical literature relating to the measurement of these indicators in different countries. It presents the results of a recent empirical study, which objective has been to measure indicators of the quality of CLI&E, using data collected through a Questionnaire based survey of competition authorities in a large number of countries and data available from international organisations for these countries. The measurement of the indicators relies on a new methodology that focuses on the factors influencing the extent to which CLI&E improves competition and so enhances economic performance. The overall conclusion is that the three BRICS countries included in our survey (Brazil, Russia and South Africa) are coming closer to the advanced jurisdictions in terms of the specific features of the countries’ institutional and legislative set-up relating to CLI&E but still lag far behind in terms of the general conditions (economic, political, institutional, and socio-cultural) influencing the intensity of competition in a country.

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