scholarly journals Customs and Tax Inspection in Trading between the European Union and Third Party Countries

Krytyka Prawa ◽  
2019 ◽  
Vol 11 (3) ◽  
Author(s):  
Anna Reiwer-Kaliszewska
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union

scholarly journals Federico Ortino

2018 ◽  
Vol 112 ◽  
pp. 67-68
Author(s):  
Federico Ortino
Keyword(s):  
European Union ◽  
Market Access ◽  
Trade Agreement ◽  
The United States ◽  
Third Party ◽  
The European Union ◽  
National Treatment ◽  
Investment Protection ◽  
Investment Treaties ◽  
The Eu

Even when it comes to investment, despite appearances to the contrary, it does not seem to me that there is a shift to the non-discrimination principle. First, there is no doubt that absolute standards such as fair and equitable treatment or the provision on expropriation have by far overshadowed the relative standards, in particular national treatment. Second, while the MFN standard has, on the other hand, been a key provision in investment treaty arbitration, particularly as an instrument to expand the scope of the ISDS system (based on more favorable provisions found in third-party treaties), there are clear signs in recent investment treaties of the willingness to curtail the use of the MFN provision as a way to extend the procedural and substantive protections of investors. This seems to be the current position, for example, of both the United States and the European Union (EU). Third, when it comes to the apparent disappearance of the absolute standards of treatment in some of the treaties being negotiated by the European Union (such as with Japan), this is more simply due to a question of the nature of the EU external competence in commercial matters. In its recent opinion on the EU-Singapore FTA, the Court of Justice of the EU has determined that the EU does not have exclusive competence to conclude agreements covering non-FDI and ISDS. The EU has thus responded to such opinion by splitting investment protection (with ISDS) from the rest of the trade agreement, thus keeping investment liberalization (including market access and national treatment) in the latter. In this way, while the trade agreement will fall under the exclusive competence of the EU, the former will still require ratification by each member state. While it is not clear whether the backlash vis-à-vis investment protection and ISDS in some quarters within some of the member states will eventually lead to the end of EU investment treaties, a decision in this sense has not yet been taken by EU institutions.

scholarly journals PROTECTION OF ECONOMIC COMPETITION: AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES

2019 ◽  
pp. 165-171
Author(s):  
Sergii Shkliar ◽  
Olha Bulaieva
Keyword(s):  
Decision Making ◽  
European Union ◽  
Procedural Justice ◽  
Third Party ◽  
The European Union ◽  
Economic Competition ◽  
Time Limits ◽  
The Third ◽  
The Law ◽  
The Right

Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.

scholarly journals La promesa de hecho ajeno: cuestiones de competencia judicial internacional en la Unión Europea = The promise of a third party´s fact: issues of international judicial competence in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 841
Author(s):  
Gabriel Mengual Pujante
Keyword(s):  
European Union ◽  
Third Party ◽  
Private Law ◽  
The European Union ◽  
Provision Of Services ◽  
Brussels Regulation ◽  
The Eu

Resumen: La promesa de hecho ajeno es una modalidad contractual ampliamente conocida en la Unión Europa y, a su vez, paradigma de uno de los principios fundamentales del Derecho privado: la relatividad de los contratos. Desde una perspectiva axiológica y práctica, el operador jurídico debe conocer el escenario que puede devengarse en un supuesto internacional. Por ello, resulta oportuno trazar una aproximación al sector de la competencia judicial internacional en el Derecho Internacional Privado de la UE.Palabras clave: promesa de hecho ajeno, relatividad de los contratos, Reglamento Bruselas I-bis, contrato de prestación de servicios, competencia judicial internacional.Abstract: The promise of a third party´s fact is a contractual modality widely known in the European Union and, in turn, paradigm of one of the fundamental principles of private law: the relativity of contracts. From an axiological and practical perspective, the legal operator must know the landscape that may arise in an international case. For this reason, it is appropriate to draw an approximation to the sector of the international judicial competence in the EU Private International Law.Keywords: promise of a third party´s fact, relativity of contracts, Brussels Regulation I-bis, contract for the provision of services, international judicial competence.

scholarly journals Motor Third Party Liability after CJEU Interpretation of the Directive 103/2009/EC in Vnuk Judgment

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 130-144
Author(s):  
Olga Shevchenko
Keyword(s):  
European Union ◽  
Full Article ◽  
Third Party ◽  
English Abstract ◽  
The European Union ◽  
Court Of Justice ◽  
Motor Insurance ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] The aim of this article is to assess the consequences of the interpretation of the terms ‘vehicle’ and ‘use of a vehicle’ in the light of the case of Damijan Vnuk v Zavarovalnica Trigalev (C-162/13) the Court of Justice of the European Union (CJEU) in accordance with the objectives set out in the Motor Insurance Directive.

RapidAI4EO: Advancing the State-of-the-Art in Continuous Land Monitoring

2021 ◽  
Author(s):  
Giovanni Marchisio ◽  
Patrick Helber ◽  
Benjamin Bischke ◽  
Tim Davis ◽  
Annett Wania
Keyword(s):  
Land Use ◽  
European Union ◽  
Time Series ◽  
High Resolution ◽  
Land Cover ◽  
Training Data ◽  
Third Party ◽  
The European Union ◽  
Horizon 2020 ◽  
High Cadence

<p>New catalogues of nearly daily or even intraday temporal data will soon dominate the global archives. However, there has been little exploration of artificial intelligence (AI) techniques to leverage the high cadence that is already possible to achieve through the fusion of multiscale, multimodal sensors. Under the sponsorship of the European Union’s Horizon 2020 programme, RapidAI4EO will establish the foundations for the next generation of Copernicus Land Monitoring Service (CLMS) products. Focus is on the CORINE Land Cover programme, which is the flagship of CLMS. </p><p>Specific objectives of the project are to: 1) explore and stimulate the development of new spatiotemporal monitoring applications based on the latest advances in AI and Deep Learning (DL); 2) demonstrate the fusion of Copernicus high resolution satellite imagery and third party very high resolution imagery; 3) provide intensified monitoring of Land Use and Land Cover, and Land Use change at a much higher level of detail and temporal cadence than it is possible today. </p><p>Our strategy is two-fold. The first aspect involves developing vastly improved DL architectures to model the phenomenology inherent in high cadence observations with focus on disentangling phenology from structural change. The second involves providing critical training data to drive advancement in the Copernicus community and ecosystem well beyond the lifetime of this project. To this end we will create the most complete and dense spatiotemporal training sets ever, combining Sentinel-2 with daily, harmonized, cloud-free, gap filled, multispectral 3m time series resulting from fusion of open satellite data with Planet imagery at as many as 500,000 patch locations over Europe. The daily time series will span the entire year 2018, to coincide with the latest release of CORINE. We plan to open source these datasets for the benefit of the entire remote sensing community.</p><p>This talk focuses on the description of the datasets whose inspirations comes from the recently released EuroSAT (Helbert et al, 2019) and BigEarthNet corpora (Sumbul et al, 2019). The new corpora will look at the intersection of CORINE 2018 with all the countries in the EU, balancing relative country surface with relative LULC distribution and most notably adding the daily high resolution time series at all locations for the year 2018. Annotations will be based on the CORINE ontology. The higher spatial resolution will support modeling of more LC classes, while the added  temporal dimension should enable disambiguation of land covers across diverse climate zones, as well as an improved understanding of land use.</p><p>This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 101004356.</p>

scholarly journals Saving Lives at Sea: Security, Law and Adverse Effects

2014 ◽  
Vol 16 (3) ◽  
pp. 365-387 ◽  
Author(s):  
Tugba Basaran
Keyword(s):  
European Union ◽  
Adverse Effects ◽  
Border Security ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
Criminal Sanctions ◽  
Strait Of Sicily ◽  
Proper Functioning ◽  
Security Concerns

In the wake of recent shipwrecks at the Strait of Sicily, the European Union and its Member States have come under renewed pressure to address rescue at sea. Saving lives at sea is not simply a question of enhancing eu rescue efforts, however, but requires eliminating third party sanctions that significantly impede the proper functioning of the international rescue regime. This article focuses on anti-smuggling laws and related instruments and their thorny relation to humanitarian acts. To improve rescue efforts at sea, as a first step all humanitarian acts need to be exempted from criminal sanctions (including the eu Directive 2002/90/ec). This needs to be accompanied by efforts to desecuritize rescue, separating rescue from border security concerns.

Policing Maastricht

1997 ◽  
Vol 70 (1) ◽  
pp. 49-53
Author(s):  
N.S.J. Baxter
Keyword(s):  
European Union ◽  
Security Policy ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Foreign And Security Policy ◽  
Free Movement Of Persons ◽  
New Community ◽  
The Eu

In February 1992 the Treaty of European Union was signed at Maastricht. It committed member States to new Community goals which included increasing government cooperation in the fields of foreign and security policy along with justice and home affairs (Steiner, 1994). The following “pillars” to develop the Union were identified. First of all, the protection of the rights and interests of people was strengthened by introducing citizenship of the European Union (EU); secondly a commitment was made to implement a common foreign and security policy indicated a movement towards a common defence of the Union against third party States. The third pillar seeks to facilitate the free movement of persons, while ensuring their safety and security through member States, by working closely in the areas of justice and home affairs (Benyon et al, 1993). It is this latter aspect which has implications for policing within the EU.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)

2020 ◽  
Vol 26 ◽  
pp. 223-236
Author(s):  
Witold Kurowski
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Third ◽  
Common Opinion ◽  
The Law ◽  
The Third Party ◽  
Rome I ◽  
The Eu

The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).

3 Third Party Intervention

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
European Union ◽  
Civil Procedure ◽  
Third Parties ◽  
Third Party ◽  
The European Union ◽  
Appellate Courts ◽  
High Court ◽  
Third Party Intervention ◽  
European Union Commission ◽  
Compensation Claims

This chapter focuses on the rights of third parties to intervene in competition proceedings in the High Court (and appellate courts) and in the Competition Appeal Tribunal (CAT). It first considers intervention by third parties in the High Court under Rule 19.2 of the Civil Procedure Rules 1998 (CPR), intervention in judicial review proceedings, and intervention in appeal proceedings. It then discusses intervention in CAT, placing emphasis on appeals and reviews (applying for permission to intervene, the time limit for making an application to intervene, the role played by intervener at the hearing). It also explains how compensation claims are made under CAT rule 16 before concluding with an analysis of intervention by competition authorities, namely the Competition and Markets Authority (CMA) and the European Union Commission.

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