A New Approach to the Governing Law of Companies in the EU: A Legislative Proposal

2010 ◽  
Vol 6 (3) ◽  
pp. 589-621
Author(s):  
Justin Borg-Barthet
Author(s):  
Olga Shumilo ◽  
Tanel Kerikmäe

Disruptive technologies and the domination of digital platforms have challenged the global economy players twice — first, to get a hand on them, then to mitigate the possible risks. It is beyond doubt that reliable artificial intelligence (AI) can bring many benefits at the European level, such as better health care, safer and cleaner transport, more efficient manufacturing, and sustainable energy. But regulating the unknown requires considerable effort on how to attract investors using clear rules while keeping human control over the algorithms as a priority. In April 2021, the EU Commission published a holistic proposal to regulate the use of AI, which promises to put trust first and ensure that facial recognition and big data operators will never abuse fundamental human rights. Although the proposal is likely to be amended during EU-wide discussions, the new approach to AI will clearly give citizens the reassurance to adopt these technologies while encouraging companies to develop them. Hence, this article aims to map the core challenges for the EU policy on the use of AI, as well as the milestones of developing the holistic legislative proposal, and clarify if the afore-mentioned proposal indeed solves all the AI-related risks for future generations.


2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.


2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Brett J. M. Petzer ◽  
Anna J. Wieczorek ◽  
Geert P. J. Verbong

AbstractAn urban mobility transition requires a transition in space allocation, since most mobility modes are dependent on urban open space for circulation and the storage of vehicles. Despite increasing attention to space and spatiality in transitions research, the finite, physical aspects of urban space, and the means by which it is allocated, have not been adequately acknowledged as an influence on mobility transitions. A conceptual framework is introduced to support comparison between cities in terms of the processes by which open space is (re-)distributed between car and bicycle circulatory and regulatory space. This framework distinguishes between regulatory allocation mechanisms and the appropriation practices of actors. Application to cases in Amsterdam, Brussels and Birmingham reveal unique relationships created by the zero-sum nature of urban open space between the dominant automobility mode and subordinate cycling mode. These relationships open up a new approach to forms of lock-in that work in favour of particular mobility modes within the relatively obdurate urban built environment. Empirically, allocation mechanisms that routinise the production of car space at national level within the EU are shown to be far more prevalent than those for bicycle space, highlighting the constraints faced by radical city-level policies aimed at space reallocation.


2021 ◽  
pp. 1-24
Author(s):  
Vincent DELHOMME

Amidst a growing interest from European Union (EU) Member States, the European Commission recently announced that it would put forward a legislative proposal for the adoption of a harmonised and mandatory front-of-pack nutrition labelling scheme at the EU level. The present contribution discusses the implications of such an adoption, taking a behavioural, legal and policy angle. It introduces first the concept of front-of-pack nutrition labelling and the existing evidence regarding its effects on consumer behaviour and dietary habits. It then presents the legal framework currently applicable to (front-of-pack) nutrition labelling in the EU and discusses some of the main political and practical aspects involved with the development of a common EU front-of-pack label.


2019 ◽  
Vol 8 (4) ◽  
pp. 304 ◽  
Author(s):  
Björn Koch ◽  
Fernando Peñaherrera ◽  
Alexandra Pehlken

Including criticality into Life Cycle Assessment (LCA) has always been challenging to achieve but desirable to accomplish. In this article, we present a new approach for the evaluation of resource consumption of products by building comparison values based on Life Cycle Impact Assessment (LCIA) combined with weighted criticality values to show the direct impacts of criticality on LCA results. For this purpose, we develop an impact indicator based on the Abiotic Depletion Potential (ADP) of natural resources and use the two main parameters defined by the EU to determine the criticality of a material - the economic importance and the supply risk – in our case studies to build the Criticality Weighted Abiotic Depletion Potentials (CWADPs), one for each parameter. These indicators allow identifying and measuring the impacts of criticality when comparing the results of resource depletion using the ADP methodology and the results that incorporate criticality. The comparison of the CWADPs to the corresponding EU criticality values and its thresholds it reflects the equivalent criticality of the assessed product. This information reflects the impacts of criticality on LCA and assesses the total resource consumption of critical materials in a system.Keywords: Life Cycle Assessment, criticality, resources, materials, sustainability indicator


2019 ◽  
Vol 15 ◽  
pp. 33-39 ◽  
Author(s):  
R. Graepel ◽  
B. Ter Braak ◽  
S.E. Escher ◽  
C. Fisher ◽  
I. Gardner ◽  
...  

2017 ◽  
Vol 30 (3) ◽  
pp. 603-628
Author(s):  
GUY HARPAZ

AbstractThe EU's consistent policy towards the Israeli-Palestinian conflict has been that Israel's presence in the West Bank, East Jerusalem, the Gaza Strip (prior to the 2005 disengagement) and the Golan Heights is subject to the laws of belligerent occupation, that any purported Israeli annexation is illegal and null and void, that Israel's settlements in the Territories are in breach of public international law and constitute a serious obstacle to peace, and that Israel and Palestine should settle their conflict on the basis of public international law and through the two-state solution. In recent years the EU attempted to concretize this policy through its trade and trade-related agreements with Israel, withholding the benefits of EU-Israeli co-operation from companies and research institutions based in the Territories or operating therein, as well as from products produced therein (the New Approach). Thus, from the EU perception, the New Approach towards the long-standing conflict and its reliance on international law may be seen as an instrument to reinforce internal and external legitimacy, buttress identity cohesiveness and as a manifestation of its more robust effectiveness. But this article seeks to conduct a more careful and balanced analysis of the New Approach and in doing so to reveal that the EU's (almost) exclusive focus on non-governmental entities, such as corporations situated in the Territories, and on Territories’ products, is misplaced in terms of public international law and effectiveness. The New Approach's deficiencies, in abstracto and in concreto, as evaluated in this article, are likely to prevent it from serving as a paradigm shift in EU-Israel relations.


2020 ◽  
Vol 12 (13) ◽  
pp. 5458 ◽  
Author(s):  
Valentin-Marian Antohi ◽  
Monica Laura Zlati ◽  
Romeo Victor Ionescu ◽  
Mihaela Neculita ◽  
Raluca Rusu ◽  
...  

Against the backdrop of Romania’s successive negative performance in attracting European funds (coming last in the EU top), as indicated by audit reports for projects that have been funded so far, this paper proposes a new approach in relation to analysis and performance improvement in securing EU funds, while identifying viable solutions for the betterment of the current situation. Furthermore, the authors develop a new audit performance analysis model (NOP), described as a dynamic and flexible model, based on reducing the fraud and error risk in the structural fund management of European-funded projects. The analysis methods encompass literature reviews, observational studies, database management, statistical analysis, and the synthesis of the whole findings. The main conclusion of the analysis is the critical necessity of integrity improvement in the context of managing the non-reimbursable funds through audit activities based on ISA805, the international standard on auditing European-funded projects.


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