scholarly journals The Notion of Secrecy

2021 ◽  
Author(s):  
Teresa Trallero Ocaña
Keyword(s):  
Digital Age ◽  
Legal Framework ◽  
Public Domain ◽  
Single Market ◽  
Trade Secrets ◽  
The Public ◽  
Strategic Role ◽  
Eu Commission ◽  
The Eu

In the digital age, information has become an increasingly valuable, but at the same time vulnerable commodity. The strategic role that trade secrets play in the economy of the Single Market and the scattered legal framework across EU jurisdictions prompted the EU Commission to harmonise this field of law and to adopt the Trade Secrets Directive. This thesis analyses the conditions under which information loses its secret nature, enters the public domain and is then free for competitors to use, taking into account the legal framework created by the Trade Secrets Directive.

The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies

2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith
Keyword(s):  
Public Procurement ◽  
National Policy ◽  
Legal Framework ◽  
The Public ◽  
Public Market ◽  
Barriers To Access ◽  
Environmental Objectives ◽  
Clear Vision ◽  
The Eu ◽  
Do So

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.

scholarly journals The Once-Only Principle: A Matter of Trust

2021 ◽  
pp. 1-8
Author(s):  
Robert Krimmer ◽  
Andriana Prentza ◽  
Szymon Mamrot ◽  
Carsten Schmidt
Keyword(s):  
Legal Framework ◽  
Transformation Process ◽  
Single Market ◽  
Point Of View ◽  
The European Union ◽  
Horizon 2020 ◽  
Funded Project ◽  
Research Questions ◽  
Set Up ◽  
The Eu

AbstractThe Single Market is one of the cornerstones of the European Union. The idea to transform it into a Digital Single Market (DSM) was outlined several years ago. The EU has started different initiatives to support this transformation process. One of them is the program Horizon 2020 to support the process from a technical point of view. In parallel to this, initiatives were started to set up a sound legal framework for the DSM. The Single Digital Gateway Regulation (SDGR) is an outcome of these initiatives. The key aspect of the SDGR is the underlying Once-Only Principle (OOP), outlining that businesses and citizens in contact with public administrations have to provide data only once. “The Once-Only Principle Project (TOOP)” is the EU-funded project initiated for research, testing, and implementation of the OOP in Europe. The authors give an overview of the research questions of the different parts of TOOP. Besides that, they introduce the other chapters of this book and what the reader can expect as the content of them.

scholarly journals Fundamental Rights as the Cornerstone of Schengen

2021 ◽  
Vol 23 (4) ◽  
pp. 508-534
Author(s):  
Tineke Strik
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Current Response ◽  
Member States ◽  
Full Compliance ◽  
Enforcement Mechanisms ◽  
Eu Commission ◽  
The Eu

Abstract Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism, the current response towards fundamental rights violations at the border is ineffective. First, it will analyse the legal framework, including the implementing rules, to see if additional guidance is needed. Second, the enforcement mechanisms will be examined: how are violations being addressed at the national level, and how does the EU Commission perceive and fulfills its role regarding enforcement of compliance? As the Commission has often referred to the monitoring mechanism as proposed in the draft Screening Regulation, the contribution will examine to what extent this New Pact file will help to resolve the current impunity. Finally, the article will analyse the role of Frontex regarding human rights violations by Member States. What is their responsibility, how do they perform it, and who is enforcing compliance by Frontex?

Article 26—Application in Time

2021 ◽  
pp. 412-412
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
Single Market ◽  
The Public ◽  
Time Of Application ◽  
Negotiation Mechanism ◽  
Copyright Directive

This chapter highlights the time of application of Directive 2019/790, a copyright directive in the Digital Single Market in Europe, which is included in Chapter 26. It emphasizes that Directive 2019/790 will apply in respect of all works and other subject matter that are protected by national law in the field of copyright. The directive will be implemented on or after 7 June 2021. The chapter points out that Directive 2019/790 will apply without prejudice to any acts concluded and rights acquired before 7 June 2021. It also cites the legislation on the negotiation mechanism, works of visual art in the public domain, and information about collective licensing with an extended effect.

scholarly journals Communicating European Archives: Challenges, Strategies and Tools

Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 11-15
Author(s):  
Dieter Schlenker
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Framework ◽  
Trade Association ◽  
Digital Archives ◽  
The European Union ◽  
The Public ◽  
European Free Trade Association ◽  
Historical Archives ◽  
The Eu

This article outlines the insights gained during the establishment of a communications strategy for the Historical Archives of the European Union (HAEU) in Florence. The article reflects on how key messages of a unique transnational European archives are construed from its mission, legal framework and in close collaboration with EU institutional archives services. It also sheds light on how to identify a specific European target audience for the Archives and other key elements of a communications strategy for a European archives.The HAEU is the official home for the historical documents of the European Union Institutions, Bodies and Agencies. It is part of the European University Institute, a unique academic hub for doctoral and post-doctoral European studies. It houses, at Villa Salviati in Florence, seven kilometres of paper and digital archives as well as rich audio-visual and oral history collections documenting the historical process of European integration and cooperation. The EU-institutional archives are made accessible to the public after 30 years.The HAEU also hosts 160 deposits of private papers from eminent European political leaders, EU officials and pioneers in the European integration process, and a unique collection of archives of pro-Eu-ropean movements and non-EU organisations with a European scope, such as the European Space Agen-cy and the European Free Trade Association.

scholarly journals Comparative Analysis of EU and Kenyan Responses to Somali Piracy: A Leadership Perspective

2019 ◽  
Vol 3 (1) ◽  
pp. 33-69
Author(s):  
Linganaden Murday
Keyword(s):  
Comparative Analysis ◽  
Capacity Building ◽  
Public Domain ◽  
The Public ◽  
Low Degree ◽  
Process Framework ◽  
Common Response ◽  
Complex Picture ◽  
The Eu

This article uses a leadership as process framework to examine the degree of mutuality that existed between EU and Kenyan responses to Somali piracy between roughly 2008 and 2012. In so doing, it seeks to comprehend whether regional and extra-regional actors had similar experiences of and responses to the situation. This is important because the voices of regional actors are largely marginalised and implicitly subsumed to those of more powerful global actors. This article focuses on the EU (as an extra- regional actor) and Kenya (as a regional actor). It undertakes an analysis of official and non-official documents available in the public domain to understand the interactions and exchanges of influence that underpinned the crafting and implementation of counter piracy measures. Overall, the article concludes that the EU and Kenya had different experiences of the piracy threats which then led to them each having different sets of priorities. On paper there seems to be mutuality between the EU and Kenya concerning the naval response: the need to solve the problem on land in Somalia and capacity building in the region. However, an analysis of interactions surrounding their counterpiracy measures reveals a more complex picture of discords. This article shows that, in fact, there was a low degree of mutuality between EU and Kenya in their responses to Somali piracy which hindered the formation of a strong common response incorporating regional and extra-regional actors. 

EU Digital Law

2020 ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Framework ◽  
Single Market ◽  
Digital Content ◽  
Online Sales ◽  
Consumer Rights ◽  
European Regulations ◽  
Digital Law ◽  
The Eu

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Consumer Rights Directive; the E-Commerce Directive; the Portability Regulation. The legal framework for digital content is being fundamentally redefined. The authors are experts from all over the EU. Their contributions provide detailed explanations of the background and purpose of the provisions and show concrete ways of implementing them.

scholarly journals Select Committees and Brexit: Parliamentary Influence in a Divisive Policy Area

2019 ◽  
Vol 72 (4) ◽  
pp. 923-944 ◽  
Author(s):  
Philip Lynch ◽  
Richard Whitaker
Keyword(s):  
Policy Change ◽  
Public Domain ◽  
Lower Degree ◽  
House Of Commons ◽  
Policy Area ◽  
Select Committee ◽  
The Public ◽  
The Eu ◽  
Main Factor ◽  
Comprehensive Study

Abstract In this first comprehensive study of House of Commons departmental select committees and Brexit, we analyse the incidence of divisions (i.e. formal votes) on Brexit-related issues in select committees, showing that unanimity remains the norm with the exception of the Exiting the EU Committee, which is the most divided select committee of recent times. We add to the literature on select committee influence by adapting Russell and Benton’s (2011) methodology to examine government responses to committee recommendations on Brexit. We show that most have been partially accepted but that the level of policy change, rather than divisions on recommendations, is the main factor explaining variation, with greater success for recommendations suggesting a lower degree of change. Committees have also had indirect influence, shaping the agenda and bringing information into the public domain.

Intellectual Property and Biotechnology

2005 ◽  
Vol 2 (6) ◽  
Author(s):  
Victoria Jimenez ◽  
Dennis Fernandez
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Management Strategy ◽  
Public Domain ◽  
International Treaties ◽  
Trade Secrets ◽  
State Laws ◽  
The Public ◽  
Legal Entitlement ◽  
Sound Management

AbstractWhy protect Intellectual Property?Intellectual property (IP) refers to a legal entitlement, which sometimes attaches to the expressed form of an idea or of other intangible subject matter. The most well known forms of IP include copyrights, patents, trademarks, and trade secrets. IP rights are protected under various federal and state laws, as well as international treaties. Without this protection, IP would fall into the public domain and be used by any party without a license. Therefore, a sound management strategy should systematically build a portfolio consisting of different IP rights, with the aim of protecting the various aspects of the company’s technology and commercial interests.

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