scholarly journals Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union

2021 ◽  
pp. 277-306
Author(s):  
Tran Cong Thiet ◽  
Vu Thi Duyen Thuy
Keyword(s):  
European Union ◽  
Developed Countries ◽  
Developing Nations ◽  
Legal Issues ◽  
Environmental Damage ◽  
The European Union ◽  
Environmental Laws ◽  
Damage Compensation ◽  
Legal Provisions ◽  
The Law

In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.

‘Biodiversity damage’ liability in the Environmental Liability Directive – its definition and delimitation from more stringent EU, international and national norms

elni Review ◽  
2008 ◽  
pp. 19-24
Author(s):  
Volker Mauerhofer
Keyword(s):  
European Union ◽  
National Level ◽  
Environmental Damage ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Environmental Liability ◽  
Legal Provisions ◽  
Early Beginning ◽  
National Norms

The Environmental Liability Directive (‘ELD’) of the European Union entered into force on 30th April 2004 and had to be implemented by 30th April 2007. It had been already from the early beginning up to today subject to multiple considerations by many scholars and is implemented quite differently in the different EU Member States. The ELD contains provisions concerning the liability for ‘environmental damage’, which is further defined inter alia as a specific damage of certain species and habitats (‘biodiversity damage’). Besides the ELD there are already other legal provisions on the European as well as on the international and national level covering several aspects of these liability issues more stringently. Hence the question arises as to how the new provisions of the ELD delimit from these similar but other EU, international and national norms.

scholarly journals DEVELOPMENT OF BANK ASSURANCE IN THE REPUBLIC OF MACEDONIA

2019 ◽  
Vol 30 (1) ◽  
pp. 93-98
Author(s):  
Nikola Dacev
Keyword(s):  
European Union ◽  
New Technologies ◽  
Distribution Channel ◽  
Developed Countries ◽  
The European Union ◽  
Member States ◽  
Insurance Supervision ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic

Banking has gained a new dimension throughout the world in the last few decades due to the integration of global financial markets, the development of new technologies, the universalization of banking operations and diversification into non-banking activities. The merging of various financial services has provided synergies in the banks' operations and development of new concepts. One of these concepts is bank insurance (or banc assurance). Banc assurance, as an emerging distribution channel of insurance, essentially is defined as mediation of banks in the sale of insurance policies issued by insurance companies that are most often used as additional collateral for banks when giving loans to their clients, while the clients with the purchase of credit insurance through banks are secure in case of inability to pay off the loan due to occurrence of the insured risk, whereby the insurer covers the remaining debt of the client towards the bank. Banc assurance is much more developed in Western European countries, but in recent years this type of insurance has noted a trend of growth in the less developed countries also. Banks in the Republic of Macedonia, as well as banks in other countries in the region, try to encourage the development of banc assurance, but it still has a low level of growth in comparison with the European Union member states. This paper presents the level of development of banc assurance as well as its share in the insurance market in the Republic of Macedonia by analyzing the annual reports of the Insurance Supervision Agency of the Republic of Macedonia for the past few years. Consequently, an appropriate comparison was made between the realized values of the gross written premium of the banks as intermediaries in insurance with the realized values of the gross written premium of the other insurance intermediaries (insurance brokerage companies and insurance agencies); and a brief comparison was made with the share of banc assurance in the insurance markets in several countries in the region. The purpose of the paper is to determine the reasons for the situation in which the banc assurance in the Republic of Macedonia is, to analyze the need and the possibility for its development, as well as to determine the manners for banc assurance to reach the level of development in the member states of the European Union as soon as possible. For this purpose, an adequate analysis of the level of implementation of the European Directives for banc assurance (such as the Directive on Insurance Mediation and the Directive on Insurance Distribution) in the legal framework of the Republic of Macedonia has been carried out, as well as analysis of the national legislation regulating banc assurance in the Republic of Macedonia, covered in couple of provisions in the Law on Banks and the Law on Insurance Supervision.

scholarly journals The common energy market of the European Union – utopia or reality?

2017 ◽  
Vol 11 (1) ◽  
pp. 93-102 ◽  
Author(s):  
Ana-Maria Iulia Şanta
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Social Impact ◽  
Clean Energy ◽  
Energy Market ◽  
The European Union ◽  
Legal Provisions ◽  
Energy Union ◽  
The Common

Abstract The European Commission has the initiative to foster the sector of renewable energy and to build an Energy Union, with a common energy market at the level of the European Union, but is this only an utopic vision or is this possible to achieve? The topic of clean energy is very new and of great interest for the European Union, which is shown by the fact that the European Commission recently adopted on the 30th November 2016 the package “Clean Energy for All Europeans”, which contains proposals for the modernization of the energy market at the level of the European Union. But which are the challenges such a project is confronted with? According to the literature, such challenges are related to the process of liberalization of electricity markets. Conflicts between national interest and international actors of the energy market might occur. Due to the oligopolistic structure of the energy market, there are several barriers to the market entry. In order to answer to the research questions, case studies regarding the liberalization of the energy market will be analyzed in a comparative manner, offering an international overview. Furthermore, the legal provisions on which the common energy policy of the European Union relies, will be analyzed, as well as their economic and social impact. The package “Clean Energy for All Europeans” comprises a proposal of the revised Renewable energy Directive, energy efficiency measures and issues related to the Energy Union Governance. It contains as well proposals for the electricity market design, which will be analyzed and the present paper outlines the contribution of this proposal in building a common energy market of the European Union. What role does competition play in implementing the common energy market of the European Union? Which role do competition authorities have in this context? These are interesting aspects to be analyzed in the present paper.

Development of European Union and joining perspective of Croatia

2007 ◽  
Vol 13 (2) ◽  
pp. 507-514
Author(s):  
Ivan Vuković
Keyword(s):  
European Union ◽  
Monetary Policy ◽  
Security Policy ◽  
Technological Development ◽  
Developed Countries ◽  
European Countries ◽  
The European Union ◽  
Demographic Development ◽  
The World ◽  
The Eu

In this paper we researched European Union starting with the Agreement from Maastrich from year 1992, even though the European Union has a long traditional history and its origin is founded on regulations of economical integrations in Europe beginning from the 1950’s through the Roman treaty from year 1957 and the forming of the European Union Committee in year 1965. Further we follow her expansion and introduction of the European economic and monetary policy, to last, the joining perspective of Croatia. According to the Agreement from Maastrich, European Union lies on three posts: 1) Legal-political and regulative post, 2) Economical post, where the forming of European economical and monetary policy is in the first plan, especially the introducing of Euro as the unique European currency, 3) Post of Mutual foreign security policy within European Union. In that context we need to highlight the research conducted here and in European Union, including the world, regarding development of European Union and its economical, legal, political and cultural, as well as foreign diplomatic results, which are all perspectives of European Union. All the scientists and researches which were involved in exploring the development of EU with its modern tendencies and development perspective, agree that extraordinary results are achieved regards to economical, legal, political, foreign-security and diplomatic views, even tough many repercussions exist in progress of some particular members and within the EU as a whole. The biggest controversy arises in the perspective and expanding of European Union regarding ratification of the Constitution of EU from particular country members, but especially after the referendum was refused from two European countries, France and Netherlands. According to some estimates, the Constitution of EU would have difficulty to be adopted in Switzerland and some other Scandinavian countries, but also in Great Britain and other very developed countries. However the European Community and European Union were developing and expanding towards third European countries, regardless of Constitutional non-existence, where we can assume that if and when the Constitution of EU will be ratified, the EU will further develop as one of the most modern communities. This will enable economical development, especially development of European business, unique European market and free trade of goods and services, market of financial capital and labour market in free movement of labour. Being that EU has become one of the most largest dominating markets in the world, it offers a possibility to all new members to divide labour by using modern knowledge and high technology which insure economical, social and political prosperity. This results to forming a society of European countries which will guarantee all rights and freedom of development for all nations and ethnic groups. As well as, all European countries with somewhat less sovereignty, but in international relations will be stronger and significant, not only in sense of economics, but also in politics and military diplomatic relations. Therefore, Croatia has no choice and perspective if she does not join the European Union till year 2010, but until than it needs to create its strategy of economical and scientific-technological development, including demographic development, which will insure equal progress of Croatia as an equal member of European Union.

La incidencia de la Ley del Procedimiento Administrativo Común de las Administraciones Públicas sobre la potestad normativa local

2017 ◽  
pp. 87-141
Author(s):  
Lucía CASADO CASADO
Keyword(s):  
European Union ◽  
Primary Objective ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
Legislative Initiative ◽  
The Law ◽  
Regulatory Evaluation ◽  
Regulatory Powers ◽  
Laws And Regulations

LABURPENA: Ekonomiako Lankidetza eta Garapenerako Erakundeak eta Europar Batasunak bultzatutako erregulazioa hobetzeko politika gero eta gehiago garatu da Espainian eta 2015ean bultzada esanguratsua jaso du, urriaren 1eko 39/2015 Legea, Herri Administrazioen Administrazio Prozedura Erkideari buruzkoa, onartuta. Lege horrek titulu berria dakar —VI.a— legegintza-ekinbidea eta erregelamenduak eta bestelako xedapenak emateko ahalmena arautzeko. Bertan, legegintza-ekinbidea eta lege mailako arauak egiteko ahala erabiltzeari, erregelamenduak egiteko ahala erabiltzeari, erregulazio onaren printzipioei, araudiaren ebaluazioari, arauen publizitateari, arauen plangintzari eta herritarrek lege mailako arauak eta erregelamenduak egiteko prozeduran parte hartzeari buruzko xedapen batzuk jasotzen dira. Lan horrek arlo horretan 39/2015 Legeak sartutako berritasunak aztertzen ditu, tokiko ikuspegitik, haren xedapenak administrazio publiko guztiei eta, beraz, toki-administrazioei ere, aplikatzen baitzaizkie. Helburu nagusia Legeak tokiko arauak egiteko ahalean daukan eragina aztertzea eta, ondorioz, arlo horretan tokiko eremuan sartzen diren berritasun nagusiak zehaztea da, haren aplikazioak ekar ditzakeen erronka, arazo eta zalantza batzuk ikusteko eta balizko irtenbideak emateko. RESUMEN: La política de mejora de la regulación, impulsada por la Organización para la Cooperación y el Desarrollo Económico y por la Unión Europea, se ha desarrollado en España de forma reciente y ha recibido un impulso significativo en 2015, con la aprobación de la Ley 39/2015, de 1 de octubre, del procedimiento administrativo común de las administraciones públicas. Esta Ley incluye un nuevo Título —el VI—, destinado a regular la iniciativa legislativa y la potestad para dictar reglamentos y otras disposiciones. En él se recogen algunas previsiones sobre el ejercicio de la iniciativa legislativa y la potestad para dictar normas con rango de ley, el ejercicio de la potestad reglamentaria, los principios de buena regulación, la evaluación normativa, la publicidad de las normas, la planificación normativa y la participación de los ciudadanos en el procedimiento de elaboración de normas con rango de ley y reglamentos. Este trabajo se centra en el análisis de las novedades incorporadas en esta materia por la citada Ley 39/2015 desde una perspectiva local, dada la aplicación de sus previsiones a todas las administraciones públicas y, por consiguiente, también a las administraciones locales. El objetivo primordial es analizar la incidencia de esta Ley sobre la potestad normativa local y, en consecuencia, determinar las principales novedades que se incorporan en esta materia en el ámbito local, con el fin de apuntar algunos retos, problemas e incertidumbres que su aplicación puede suscitar y aportar posibles soluciones. ABSTRACT: Policies to improve regulation promoted by the Organisation for Economic Co-operation and Development and the European Union have recently been applied in Spain and in 2015 received a significant boost with the passing of Law 39/2015, of 1 October, on common administrative procedure for the public administrations. This Law includes a new Section (VI) which regulates legislative initiative and the power to create regulations and other provisions. The law contains provisions regarding the execution of legislative initiative and the power to create regulations with the force of laws, the exercising of regulatory power, the principles of good regulation, regulatory evaluation, regulatory publicity, regulatory planning and the participation of citizens in the process of creating legislation with the force of laws and regulations. The present study analyses the changes made to local regulatory powers by the aforementioned Law 39/2015, given that its provisions are applicable to all public administrations and, therefore, also to the local administrations. The primary objective is to analyse the effect of this Law on local regulatory powers and, therefore, to determine the principle new changes that have been made to local regulatory powers, with the aim of identifying the challenges, problems and uncertainties that may arise through the application of the Law and to propose possible solutions.

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