scholarly journals THE USE OF COLLABORATIVE PLATFORMS IN ROMANIA AND EU: A COMPARATIVE VIEW

2020 ◽  
Vol 5 (Special) ◽  
pp. 144-153
Author(s):  
Elena Ştiubea

The term collaborative economy encompasses various activities that have emerged and developed rapidly in recent years through online collaboration platforms. In this article, we will review what the sharing economy means, what are the positive and negative consequences of such a phenomenon, what are the organizations that support the sharing economy. It can be said that the sharing economy is a reconversion of the traditional economy, which supports a society based on sustainability but, at the same time, must be prepared to respond to the challenges and criticisms brought. In the second part, we examine recent trends in the use of collaboration platforms in Romania and in the European Union (EU-28), focusing on general and more specific features regarding the profile of users, the type of services used and the main advantages and disadvantages of the collaborative economy in relation to traditional trade in goods and services. The data used in this analysis comes mainly from the recently published European Commission survey on the use and provision of services through collaborative platforms, as well as from the corresponding survey previously published in 2016 on the same topic.

Author(s):  
V. A. Gorbanyov

The fundamental difference between a traditional economy and geoecological economy is discussed in the article. The deeper the economy is being introduced into the ecosystem, the stronger it will be pressure on it that is outside the ecosystem, the more destructive is this incompatibility. It is concluded that the geoecological sustainable economy requires that the laws of geoecology became the basis of economic policy. Rational nature-use is impossible without an understanding of the unity of society and nature, their historical development of mutual. Our challenge is to create a new economy, acting on geoecological laws, this task is quite feasible, but if we can make the market called the true price of goods and services, that is taking into account the ecosystem services. The article shows that humanity is now faced with two interrelated problems: First - this is a problem of rational use of geoecosystem services, including natural resources, and secondly - the problem of environmental protection of pollution and save geoecosystem services, that is there are two "sides of the coin" - geoecological and resource. The relationship of the concept of rational nature-use, developed by Soviet scientists in the mid-twentieth century, and the concept of sustainable development, suggested by Western scientists is studied. It is shown that sustainable development - this is more a slogan than a scientific concept, which is unlikely to be implemented at the local level. At the same time, the concept of rational nature-use is feasible in regions or individual countries. At the same time, it is concluded that there is no sense to abandon the idea of sustainable development, as it is in itself a very humane, has received wide international recognition, does not carry negative consequences, but you should always keep in mind that essentially - we are not talking about sustainable development but about rational nature-use in a given area of the globe. The examples of indicators of sustainable development are given in the article.


2018 ◽  
Vol 2018 (11-12) ◽  
pp. 82-103
Author(s):  
Volodymyr SIDENKO ◽  

The article covers the issues of development of electronic (digital) commerce (EDC) as a key trend in transformation of the world economy. The emphasis is on multidimensional manifestations of the EDC and on a clear tendency towards further diversification of forms of this commerce under conditions of intensive technological transformations of modernity. Its spread is associated with the growing role of the EDC and it is proved that the pace and efficiency of its spread in the sphere of trade and economic operations is largely due to availability of information and communication infrastructure of adequate quality. It is shown that new prospects for the development of e-commerce are related to the key new technologies of the Fourth Industrial Revolution: analytics based on large databases, blockchain technologies, Internet of things and artificial intelligence. The author argues that the latest technologies create the foundation for a systemic change in the very nature of economic and non-economic relations. It is proved that the process of e-commerce spread is controversial and related to the possible presence of both positive results and negative consequences. Positive effects are primarily owing to a significant reduction in costs and expansion of the range of supply, increasing opportunities for promoting goods and services on the market (especially for small and medium-sized businesses) and a significant reduction of time of commercial operations. At the same time, the importance of security of economic development and protection of the rights of individual is emphasized, as in the context of the spread of e-commerce, the risks in these aspects are increasing. Particular attention is paid to the importance of coordinating the e-commerce policy development. The role of the leading international organizations – the UN (UNCTAD and UNCITRAL), the WTO, the OECD, the World Customs Organization, the Universal Postal Union – in the development and regulation of e-commerce is also described. Taking the European Union (the policy of forming a single digital market) and the Eurasian Economic Union (Digital Agenda of the EAEU until 2025) as an example, the growing importance of international regional policy in addressing this problem is shown.


Author(s):  
P. V. Otenko

The scientific article is devoted to the issue of complex legal analysis of both advantages and disadvantages of the contemporary system of Commission’s quasi-legislative acts which is composed of implementing and delegated acts. Commission’s implementing and delegated acts play a crucial role in the EU, but the abusive application by the EU legislator of the delegation of quasi-legislative powers to the Commission of the EU cause various negative consequences on the EU legal order. The author outlines the following positive sides of Commission’s quasi-legislative acts: acceleration of the EU decision-making process, adding the EU decision-making process flexibility, improvement of the quality of the EU legislative acts and unloading the overall EU legislature’s workload. Taking into account the latest statistics, the author has proved that the process of the adoption of implementing and delegated acts is in four times faster than ordinary and special legislative procedures. It is emphasized that COVID-19 outbreak in 2020 made the EU urgently enact a bunch of legislative acts that were mainly adopted in the form of Commission’s quasi-legislative acts. The author also points out that the quality of the EU’s legislation has been improved as well as EU’s legislator workload has been greatly reduced because of Commission’s implementing and delegated acts. At the same time, the author specifies that the absence of an explicit legal distinction between Commission’s implementing and delegated acts leads to numerous interinstitutional litigations and disputes and undermines the hierarchy of legal acts under the provisions of the Lisbon Treaty. It is established that an excessive application by the Commission of the EU of the quasi-legislative instruments may breach the principle of institutional balance and may lead to the replacement of the sole EU legislator – the European Parliament and the Council. Eventually, the author argues that the lack of transparence and accountability of the Commission of the EU during the process of adoption of implementing and delegated acts deepen the ‘democratic deficit’ problem within the EU.


2020 ◽  
Vol 26 (2) ◽  
pp. 211-216
Author(s):  
Georgia Papucharova

AbstractEuropean evidence law is a quite sensitive topic and has always been the cause of much debate by practitioners and academics. Theoretical and physical borders do not matter for transnational crime. The intensive mobility of people and the evolution of world trade with goods and services create favorable conditions for the cross-border crime to develop. Therefore, it is of a great importance to take far-reaching steps to an upgraded mechanism for obtaining evidence in and from the Member States. This article examines the application of two mutual legal assistance instruments – the request for mutual assistance, which was established by the European Convention on Mutual Assistance in Criminal Matters of 1959, the EU Mutual Legal Assistance Convention of2000 with its 2001 Protocol, and Arts. 48 to 53 of the Schengen Agreement, and the European Investigation Order introduced by the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. The main objective of this research is to emphasize the advantages and disadvantages of both judicial cooperation mechanisms. A comparative analysis of both operational tools is an appropriate way to assess which one is related to more procedural savings and how both of them deal with the protection of human rights. Thus, the modern instruments for judicial cooperation in the area of transnational evidence-gathering as an international response to crimes with cross-border dimensions can be adequately valued.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Femi Oluyeju ◽  
Kuda Tshiamo

This article seeks to interrogate the advantages and disadvantages of beneficiation law for Botswana’s mining industry and its implications for foreign investment protection. Furthermore, it argues that the enactment of beneficiation law could stimulate economic growth and development in Botswana. On a proper analysis of the potential of beneficiation law it seems plain that it may facilitate the integration, of among others, the cutting and polishing segments through the backward and forward linkages in the entire diamond value chain to move Botswana diamond industry a step further as a new and emerging jewellery manufacturing and retail center in order to derive maximum returns from the rough diamond production. Quite clearly, cutting and polishing of diamonds in Botswana is bound to promote employment which in turn will promote demand for goods and services that would have a positive impact on economic growth in Botswana.  The paper concludes that on a balance, the opportunities accruable from the enactment of this law far outweigh the downsides and will not in any way scare investors away as some have perceived it.


Author(s):  
Alexander Motsyk

The article is devoted to the study of modern trends of integration processes. We studied the methodological principles and approaches to the study of the integration of subjects. Specifically analyzed integration levels: individual, regional, domestic, interstate, global. Also, isolated and characterized various forms of integration: political, economic, informational, cultural and others. We analyzed the integration process as a result of the relationship, cooperation, convergence and integration into a single unit of any parts, components countries, their economies, social and political structures, cultural, social and political groups, ethnic groups, political parties, movements and organizations. It is proved that integration has several levels of development. Interaction at the level of enterprises and organizations (first level) – directly to producers of goods and services. The integration of the economies of the main links of different countries is complemented by the interaction at the country level (the second level). The third level of development of integration processes – interaction at the level of parties and organizations, social groups and individuals from different countries – can be defined as a social and political one. Fourth level – is the level of the actual integration group as an economic community, with its characteristics and peculiarities. It was noted that today is used by political science approaches to the study of integration. It is important to the following principles: federalism, functionalism, communicative approach, and others. Keywords: Integration, levels, approaches, studies, European integration, politics, economics, features


Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.


Author(s):  
Jay N. Krehbiel

Abstract Scholars have long debated the positive and negative consequences of an aware public for the quality of governance in modern liberal democracies. This article extends this debate to the context of constitutional review by exploring how public awareness can limit the effective exercise of review by courts lacking strong public support. Incorporating aspects of both the legitimacy and separation of powers theories on judicial power, the author argues that public awareness weakens the efficacy of such unpopular courts by creating an electoral incentive for governments to defy adverse rulings, even when doing so may lead to punishment from other institutional stakeholders. The article develops a simple formal model that identifies how and under what conditions public awareness can influence an unpopular court's decision making. An analysis of rulings issued by the Court of Justice of the European Union finds support for the model's empirical implications.


2021 ◽  
Author(s):  
Rafael Augustinis Purificação ◽  
Julia Vieira dos Santos ◽  
Matheus Marins Gonzaga

Abstract The purpose of this study is to assess the subsea well intervention capabilities in Brazil from an operator point of view and how it compares to other regions in the world, in terms of equipment availability, technology and readiness. The object of this assessment will be restricted to the well access systems, given the numerous scenarios that can drive a subsea well intervention. The intent is to identify the main challenges an International Oil Company (IOC) and/or Local Oil Company (LOC) operating in Brazil must overcome in order to keep a robust and realistic contingency plan in case of any well integrity issue. Also, similar challenges are experienced whenever production restoration is needed and/or even opportunities for production enhancement are economically assessed to viable, or not. Last but not least, well access during the last phase of a well lifecycle (plug and abandonment) is also a key element. This will be discussed further in. Until the late 90's, the subsea oil industry in Brazil was restricted to the state-run operator and the supply chain to the business had developed itself around the mindset to maidenly supply a single state-run operator demand. After the market opening and consolidation of the IOC's and LOC's in the subsea market, a lack of local supply of several goods and services started to present itself. Since well access systems are expensive and the base case is that you won't use it unless you have a problem, there's a strong unconscious desire not to worry about it until you really need it. Sharing the same view, service companies tend to enforce the sale of these kits to the operator, rather than focus on a rental solution. Moreover, when service companies provide rental solutions, they are not kept in country and mobilization fees and lead time become a showstopper on many cases. In view of the scenario described above and ways of operation of the Brazilian market IOC's and LOC's a solution will be proposed to mitigate the risk of unavailability and reduce costs based on the sharing economy principles.


1998 ◽  
Vol 3 (2) ◽  
pp. 104-123
Author(s):  
R. Andreas Kraemer

Throughout the world, privatization of water supply and the sewerage services is a controversial topic of political debate. Any nationalization, privatization, municipalization, or alteration in the regulatory regime constitutes a significant change of the institutional mechanism of water management. This article, based on a comparative analysis of water management institutions in selected member states of the European Union, addresses water supply and sewerage services in conurbations with centralized supplies. A brief characterization of water services and the water industry is provided in the context of global water policy developments. Three typical regulatory models are described: the British, based on centralized public policy and surrogate competition by statistical comparison; the French, based on competition for temporary monopolies; and the German or middle-European, based on competition for goods and services and control of limited operational monopolies. A typology of privatization is also presented. This article does not seek to argue that one model is better than another.


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