This paper studies the possibilities of improving Russia's Regulatory System based on worldwide best practices. The paper analyzes the new trend in the world of legislative practice - Evidence-based policy-making and shows the main advantages and possible difficulties in the application of the new approach. As shown in study Russia already has some elements of "evidence-based policy making", although this approach has not been recognized officially yet. In particular, regulatory impact assessment (RIA) procedure (a key element of the evidence-based policy) is widespread in Russia.
{"title":"Доказательная Государственная Политика (Evidence-Based State Policy)","authors":"А. А. Волошинская, V. Komarov","doi":"10.2139/SSRN.2589546","DOIUrl":"https://doi.org/10.2139/SSRN.2589546","url":null,"abstract":"This paper studies the possibilities of improving Russia's Regulatory System based on worldwide best practices. The paper analyzes the new trend in the world of legislative practice - Evidence-based policy-making and shows the main advantages and possible difficulties in the application of the new approach. As shown in study Russia already has some elements of \"evidence-based policy making\", although this approach has not been recognized officially yet. In particular, regulatory impact assessment (RIA) procedure (a key element of the evidence-based policy) is widespread in Russia.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"380 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124735304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2009, the Israeli Government initiated a comprehensive reform of its tendering regulations with the objective of streamlining and modernizing the procedures, adapting them to technological advances, and decentralizing authority in relation to choice of procurement method and the granting of exemptions from the use of public tenders. As a result of this reform, recent statistics obtained by the current author reveal that as much as 85% of Israel’s procurement is conducted by non-competitive procedures. Thus, the “mandatory tender” seems to have become the exception, rather than the rule, a development that ought to concern anybody that believes that public tenders are the best means to get best value for tax-payers’ money and to ensure probity in the procurement process. This paper discusses the 2009 reforms and the process that led up to them. It examines the various proposals made by several committees that were commissioned to review the functioning of Israel’s public procurement system and to what extent the proposals were influenced by the experience of foreign countries and by obligations under international agreements. Also, special attention is paid to whether technological changes have had an impact and to what extent the Israeli procurement system is taking advantage of modern technology. Finally, the paper presents extensive and detailed statistics on the actual use of competitive procedures and the new tendering methods following the reform and tries to draw conclusions from them on the wisdom and utility of the 2009 reforms and on decentralization of procurement decisions in general. These conclusions have important implications for other jurisdictions that consider decentralization of procurement decisions.
{"title":"The 2009 Reforms of Israel's Mandatory Tenders Regulations: One Step Forward, Two Steps Backward?","authors":"Arie Reich","doi":"10.2139/SSRN.2542606","DOIUrl":"https://doi.org/10.2139/SSRN.2542606","url":null,"abstract":"In 2009, the Israeli Government initiated a comprehensive reform of its tendering regulations with the objective of streamlining and modernizing the procedures, adapting them to technological advances, and decentralizing authority in relation to choice of procurement method and the granting of exemptions from the use of public tenders. As a result of this reform, recent statistics obtained by the current author reveal that as much as 85% of Israel’s procurement is conducted by non-competitive procedures. Thus, the “mandatory tender” seems to have become the exception, rather than the rule, a development that ought to concern anybody that believes that public tenders are the best means to get best value for tax-payers’ money and to ensure probity in the procurement process. This paper discusses the 2009 reforms and the process that led up to them. It examines the various proposals made by several committees that were commissioned to review the functioning of Israel’s public procurement system and to what extent the proposals were influenced by the experience of foreign countries and by obligations under international agreements. Also, special attention is paid to whether technological changes have had an impact and to what extent the Israeli procurement system is taking advantage of modern technology. Finally, the paper presents extensive and detailed statistics on the actual use of competitive procedures and the new tendering methods following the reform and tries to draw conclusions from them on the wisdom and utility of the 2009 reforms and on decentralization of procurement decisions in general. These conclusions have important implications for other jurisdictions that consider decentralization of procurement decisions.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129143784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper, written for the International Labour Organisation looks at social rights, particularly at the right to social security from a constitutional perspective. From this point of view, it explains the historical development of social security law as well as constitutional law in the Czech Republic after 1989. The paper then deals with the constitutional framework of the right to social security and assistance in material need which is later explained in more detail in the light of selected relevant judgments of the Czech Constitutional Court, wherein the impacts of its decision making on the content of social security rights in the domestic legal system is discussed. The final parts of the paper identify through the above mentioned resulting impacts, the possible threats to social security rights in times of economic crisis and provide an assessment of the future of social security rights in light of the Constitution.The paper presents a quite unique perspective from which social security legislation in the Czech Republic has previously been discussed, while at the same time explaining in brief the basic principles on which social security in the Czech Republic are built.
这篇为国际劳工组织(International Labour Organisation)撰写的论文着眼于社会权利，尤其是从宪法的角度探讨社会保障权。从这个角度阐释了1989年以后捷克社会保障法和宪法的历史发展。然后，本文讨论了社会保障权利和物质需要援助的宪法框架，随后根据捷克宪法法院的相关判决进行了更详细的解释，其中讨论了其决策对国内法律体系中社会保障权利内容的影响。文章的最后部分通过上述所产生的影响，识别经济危机时期社会保障权利可能面临的威胁，并根据宪法对社会保障权利的未来进行评估。本文提出了一个相当独特的观点，从这个观点出发，以前讨论过捷克共和国的社会保障立法，同时简要地解释了捷克共和国建立社会保障的基本原则。
{"title":"The Right to Social Security in the European Constitutions","authors":"Jan Pichrt, Kristina Koldinská","doi":"10.2139/SSRN.2540550","DOIUrl":"https://doi.org/10.2139/SSRN.2540550","url":null,"abstract":"This paper, written for the International Labour Organisation looks at social rights, particularly at the right to social security from a constitutional perspective. From this point of view, it explains the historical development of social security law as well as constitutional law in the Czech Republic after 1989. The paper then deals with the constitutional framework of the right to social security and assistance in material need which is later explained in more detail in the light of selected relevant judgments of the Czech Constitutional Court, wherein the impacts of its decision making on the content of social security rights in the domestic legal system is discussed. The final parts of the paper identify through the above mentioned resulting impacts, the possible threats to social security rights in times of economic crisis and provide an assessment of the future of social security rights in light of the Constitution.The paper presents a quite unique perspective from which social security legislation in the Czech Republic has previously been discussed, while at the same time explaining in brief the basic principles on which social security in the Czech Republic are built.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116761089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is necessary to consider the specifics of the formation of the welfare state in Spain, the role of the traditional paternalistic state of the Franco era and the Roman Catholic Church. To analyze the effectiveness of social policy in the field of education, migration, unemployment, the solution of regional problems. Special studies of the role of political parties, trade unions, business formation mode of social partnership are required.
{"title":"Проблема Эффективности Социальной Политики Государства в Современных Условиях (На Примере Испании) (The Problem of the Effectiveness of State Social Policy in Modern Conditions (Example of Spain))","authors":"A. Chichin, I. Zagarin","doi":"10.2139/SSRN.2662052","DOIUrl":"https://doi.org/10.2139/SSRN.2662052","url":null,"abstract":"It is necessary to consider the specifics of the formation of the welfare state in Spain, the role of the traditional paternalistic state of the Franco era and the Roman Catholic Church. To analyze the effectiveness of social policy in the field of education, migration, unemployment, the solution of regional problems. Special studies of the role of political parties, trade unions, business formation mode of social partnership are required.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"494 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123562119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The following key amendments to the Russian regulatory framework were made in August 2014. Owners of living quarters will be legally bound to noti fy the Federal Migrati on Service of Russia of other individuals residing in the living quarters in legally established cases; under the Federal Law Concerning Special Evaluation of Working Conditions, the Government of Russia will streamline its regulatory framework; educational institutions will submit their students to social-physiological testing for drug abuse.
{"title":"A Review of Changes in Russia's Regulatory Framework in August 2014","authors":"Julia Grunina, I. Tolmacheva","doi":"10.2139/SSRN.2500129","DOIUrl":"https://doi.org/10.2139/SSRN.2500129","url":null,"abstract":"The following key amendments to the Russian regulatory framework were made in August 2014. Owners of living quarters will be legally bound to noti fy the Federal Migrati on Service of Russia of other individuals residing in the living quarters in legally established cases; under the Federal Law Concerning Special Evaluation of Working Conditions, the Government of Russia will streamline its regulatory framework; educational institutions will submit their students to social-physiological testing for drug abuse.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"248 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114800426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A. Marga, Lenka Mokova, A. Caragea, A. Jinaru, G. Niculescu, Carmen Comanicu, Mirela Minică, Emilian Ciongaru, M. Andreescu, A. Boncea, Ion Cristinel Rujan, D. Lorena, M. Curelar, D. Popescu, Georgiana Semenescu, F. Mărcău, N. Manescu, I. Popa, M. Manasia, Carmen Militaru, Adina Paicu
English Abstract: In this issue are included scientific articles who debate problems from social science fields: globalization, European Union, Entrepreneurial, Romanian fiscal decision, development, human resources, excess power, educational climate, heritage, financial crisis, Mircea Eliade, Teaching, urban development, consolidation of democracy, contemporany Romanian state, nato's cyber security, capital structure, India."Constantin Brancusi" University Annals from Targu Jiu, Letters and Social Sciences Series is published by "Academica Brâncusi" Press of "Constantin Brancusi" University from Targu-Jiu, a state university, institutionally certified. The journal includes articles from the historical, social, philosophical field, with the following objectives: encouraging research in education, enlarging the horizon of knowledge in the field of letters and social sciences. The journals aims to: answer through its activity of the birth of a coherent and efficient network of broadcasting information in the field of letters and social sciences; identify the scientific and research potential of the University in the field of letters and social sciences; draw prestigious collaborators from the country or from abroad that could make a contribution to the development of scientific research; encourage research in education; assert national and international identity, scientific research developed by the professors of the Faculty of Letters and Social Sciences, at "Constantin Brancusi" University from Târgu-Jiu. Romanian Abstract: In acest numar sunt incluse articole stiintifice care dezbat probleme din domeniul stiintelor sociale: globalizare, Uniunea Europeana, Antreprenoriat, decizia fiscala in Romanai, dezvoltare, resursa umana, excesul de putere, climatul educational, mostenirea, criza financiara, Mircea Eliade, Predarea, dezvoltarea urbana, consolidarea democratiei, Romania contemporana, NATO Cyber Security, structura capitalului, India.Revista "Analele Universităţii "Constantin Brâncusi" din Târgu-Jiu, Seria Ştiinţe Litere si Ştiinţe Sociale" este publicată de către Editura "Academica Brâncusi" a Universităţii "Constantin Brâncusi" din Târgu-Jiu, universitate de stat, acreditată instituţional. Revista găzduieste articole din domeniul istoric, social, filosofic, având drept obiective: incurajarea cercetării in invăţământ, lărgirea orizontului cunoasterii in domeniile litere si stiinţe sociale. Revista isi propune: -- să răspundă prin activitatea sa de nasterea unei reţele coerente si eficiente de transmitere a informaţiei in domeniul litere si stiinţe sociale. -- identificarea potenţialului stiinţific si de cercetare din Universitate, in domeniul litere si stiinţe sociale; -- atragerea de colaboratori de prestigiu din ţară si din străinătate care pot contribui la dezvoltarea cercetării stiinţifice; -- incurajarea cercetării in invăţământ; -- afirmarea identităţii naţionale si internaţionale, a cercetării stiinţifice efectuate de cadrele didactice
摘要:这期的科学文章讨论了社会科学领域的问题:全球化、欧盟、企业家、罗马尼亚财政决策、发展、人力资源、过剩权力、教育气候、遗产、金融危机、米尔恰·埃利亚德、教学、城市发展、民主巩固、当代罗马尼亚国家、北约网络安全、资本结构、印度。“康斯坦丁·布朗库西”大学纪事，文学与社会科学系列由国立大学“Academica br ncusi”出版社出版。本刊收录历史、社会、哲学等领域的文章，旨在鼓励教育领域的研究，扩大文学和社会科学领域的知识视野。该期刊的目的是:通过其活动回答在文学和社会科学领域的一个连贯和有效的广播信息网络的诞生;确定大学在文学及社会科学领域的科研潜力;吸引国内外对科学研究发展有贡献的知名合作者;鼓励教育研究;主张国家和国际认同，由文学和社会科学学院的教授发展的科学研究，在“康斯坦丁·布朗库西”大学从 rgu- jiu。摘要:本文涉及的领域包括:全球化、欧洲联盟、创业、罗马尼亚财政决策、经济危机、人道主义、过度腐败、气候教育、经济危机、金融危机、米尔恰埃利亚德、Predarea、经济危机、巩固民主地区、罗马尼亚当代、北约网络安全、结构性资本主义、印度。“康士坦丁·布库西”研究中心在 rgu- jiu, Seria Ştiinţe Litere si Ştiinţe Sociale“este publicatei de curtre Editura”Academica br ncusi”a Universităţii“康士坦丁·布库西”研究中心在 rgu- jiu，国立大学，认证instituţional。研究目的:研究社会、历史、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会、社会。航空杂志上isi propune: sărăspundă普林斯顿activitatea sa de nasterea unei再保险ţ避署coerente si eficiente de transmitere informaţ迅速在domeniul litere si stiinţe sociale。-- -确定领域potenţialului stiinţific si de cercerare din universite，在家庭生活中是stiinţe sociale;——atragerea de colaboratori de prestigiu dinţarăsi din străă泰特保健壶contribui la dezvoltarea cercetării stiinţifice;-- -- -- -- -- -- -- -- invăţământ;——afirmarea identităţii naţionale si internaţionale,一个cercetării stiinţifice efectuate de cadrele didactice din cadrul Facultăţ二世德Litere siŞtiinţe Sociale Universitatea din Targu-Jiu“江诗丹顿布兰库”。
{"title":"Annals of the 'Constantin Brâncuşi' University of Targu Jiu: Letters and Social Sciences Series No. 3/2014 (Analele Universitatii 'Constantin Brancusi' Din Targu-Jiu: Seria Litere Si Stiinte Sociale, Nr. 3/2014)","authors":"A. Marga, Lenka Mokova, A. Caragea, A. Jinaru, G. Niculescu, Carmen Comanicu, Mirela Minică, Emilian Ciongaru, M. Andreescu, A. Boncea, Ion Cristinel Rujan, D. Lorena, M. Curelar, D. Popescu, Georgiana Semenescu, F. Mărcău, N. Manescu, I. Popa, M. Manasia, Carmen Militaru, Adina Paicu","doi":"10.2139/SSRN.2583652","DOIUrl":"https://doi.org/10.2139/SSRN.2583652","url":null,"abstract":"English Abstract: In this issue are included scientific articles who debate problems from social science fields: globalization, European Union, Entrepreneurial, Romanian fiscal decision, development, human resources, excess power, educational climate, heritage, financial crisis, Mircea Eliade, Teaching, urban development, consolidation of democracy, contemporany Romanian state, nato's cyber security, capital structure, India.\"Constantin Brancusi\" University Annals from Targu Jiu, Letters and Social Sciences Series is published by \"Academica Brâncusi\" Press of \"Constantin Brancusi\" University from Targu-Jiu, a state university, institutionally certified. The journal includes articles from the historical, social, philosophical field, with the following objectives: encouraging research in education, enlarging the horizon of knowledge in the field of letters and social sciences. The journals aims to: answer through its activity of the birth of a coherent and efficient network of broadcasting information in the field of letters and social sciences; identify the scientific and research potential of the University in the field of letters and social sciences; draw prestigious collaborators from the country or from abroad that could make a contribution to the development of scientific research; encourage research in education; assert national and international identity, scientific research developed by the professors of the Faculty of Letters and Social Sciences, at \"Constantin Brancusi\" University from Târgu-Jiu. Romanian Abstract: In acest numar sunt incluse articole stiintifice care dezbat probleme din domeniul stiintelor sociale: globalizare, Uniunea Europeana, Antreprenoriat, decizia fiscala in Romanai, dezvoltare, resursa umana, excesul de putere, climatul educational, mostenirea, criza financiara, Mircea Eliade, Predarea, dezvoltarea urbana, consolidarea democratiei, Romania contemporana, NATO Cyber Security, structura capitalului, India.Revista \"Analele Universităţii \"Constantin Brâncusi\" din Târgu-Jiu, Seria Ştiinţe Litere si Ştiinţe Sociale\" este publicată de către Editura \"Academica Brâncusi\" a Universităţii \"Constantin Brâncusi\" din Târgu-Jiu, universitate de stat, acreditată instituţional. Revista găzduieste articole din domeniul istoric, social, filosofic, având drept obiective: incurajarea cercetării in invăţământ, lărgirea orizontului cunoasterii in domeniile litere si stiinţe sociale. Revista isi propune: -- să răspundă prin activitatea sa de nasterea unei reţele coerente si eficiente de transmitere a informaţiei in domeniul litere si stiinţe sociale. -- identificarea potenţialului stiinţific si de cercetare din Universitate, in domeniul litere si stiinţe sociale; -- atragerea de colaboratori de prestigiu din ţară si din străinătate care pot contribui la dezvoltarea cercetării stiinţifice; -- incurajarea cercetării in invăţământ; -- afirmarea identităţii naţionale si internaţionale, a cercetării stiinţifice efectuate de cadrele didactice ","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129886888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: Цель исследования заключается в изучении и систематизация основных подходов к формированию торговой политики в Российской Федерации. Совершенствование торговой политики государства невозможно без понимания процесса ее становления, оценки произошедших изменений и анализа ее влияния на состояние конкретных отраслей отечественной промышленности.Основные задачи, которые решались для достижения цели исследования:- Проведение ретроспективного анализа торговой политики Российской Федерации- Выявление проблемных вопросов при использовании различных инструментов торговой политики в конкретных отраслях промышленности- Разработка рекомендаций по совершенствованию применения различных инструментов торговой политики.English Abstract: The purpose of the study is to examine and systematization of the main approaches to the formation of trade policy in the Russian Federation. Improving the trade policy of the state is impossible without understanding the process of its formation, evaluation of the changes and to analyze its impact on the status of specific domestic industries.The main problems to be solved to achieve the objectives of the study:- Carrying out of a retrospective analysis of the trade policy of the Russian Federation- Identify Problematic issues when using different trade policy instruments in specific industries- Development of recommendations on improving the use of various instruments of trade policy.
俄罗斯的Abstract:研究的目标是研究和系统俄罗斯联邦制定贸易政策的主要方法。没有对国家贸易政策的发展过程、对变化的评估以及对国内工业特定行业的影响的分析，就不可能改善国家的贸易政策。为实现研究目标而制定的主要目标是:回顾俄罗斯联邦的贸易政策——通过在特定行业中使用不同的贸易政策工具来发现问题——制定改善不同贸易政策工具的建议。英语Abstract:这是俄罗斯联邦贸易政策的主要形式和制度。这是一种不受影响的状态，不受影响，不受影响，不受影响，不受影响。The main问题to be solved to achieve The objectives of The研究:- Carrying out of a retrospective analysis of The trade policy of The俄罗斯联合会- Identify Problematic问题when using different trade policy instruments in - specific industries Development of recommendations on improving The use of《instruments of trade policy。
{"title":"Эволюция Внешнеэкономической Политики в Российской Федерации (Evolution of the Foreign Trade Policy in the Russian Federation)","authors":"Nadezhda Volovik, S. Prikhodko","doi":"10.2139/SSRN.2599489","DOIUrl":"https://doi.org/10.2139/SSRN.2599489","url":null,"abstract":"Russian Abstract: Цель исследования заключается в изучении и систематизация основных подходов к формированию торговой политики в Российской Федерации. Совершенствование торговой политики государства невозможно без понимания процесса ее становления, оценки произошедших изменений и анализа ее влияния на состояние конкретных отраслей отечественной промышленности.Основные задачи, которые решались для достижения цели исследования:- Проведение ретроспективного анализа торговой политики Российской Федерации- Выявление проблемных вопросов при использовании различных инструментов торговой политики в конкретных отраслях промышленности- Разработка рекомендаций по совершенствованию применения различных инструментов торговой политики.English Abstract: The purpose of the study is to examine and systematization of the main approaches to the formation of trade policy in the Russian Federation. Improving the trade policy of the state is impossible without understanding the process of its formation, evaluation of the changes and to analyze its impact on the status of specific domestic industries.The main problems to be solved to achieve the objectives of the study:- Carrying out of a retrospective analysis of the trade policy of the Russian Federation- Identify Problematic issues when using different trade policy instruments in specific industries- Development of recommendations on improving the use of various instruments of trade policy.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125592353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Heritiana Ranaivoson, Sophie De Vinck, B. Van Rompuy, Katharina Hoelck
This report aims to provide an overview of the release windows systems in the EU and its possible evolution, paying particular attention to their impact on emerging VoD business practices.In general terms, the release windows systems across the EU function according to the same principles, i.e. to find a balance between complementarity and cannibalization in view of maximising overall revenues while building sustainable business relationships. Yet these general principles are adapted to the local context, with a specific framework, different windows and various window lengths. The result in the EU is a diversity of release windows features, reflecting the long-lasting diversity of national film industries.The study shows that a trend towards shorter theatrical windows is clearly visible and further evolutions seem inevitable, even if some stakeholders continue to oppose it. Alternative release schedules and methods - that approach the sequencing system with more flexibility - have been already tested by several companies and related to various films. Digitisation brings along increased room and potential for differentiation, flexibility and diversity. Shorter windows may benefit certain types of content in specific contexts: non-mainstream titles could in particular benefit from the added marketing impact associated with shorter windows or with a simultaneous or quasi simultaneous release e.g. in theatres and on VoD.While the differences between each film and distribution channel will continue to be crucial to attract the audience, maintaining strict and inflexible windowing rules seems no longer to be valid in current circumstances.For those systems that fix release windows in legislation and/or regulation, it will become more and more necessary to provide a sufficient number of derogations. The example of France where it is proposed by the Lescure report to make the current system of release windows more flexible shows that such debates are already ongoing.However, it is important to keep in mind that release window flexibility cannot be isolated from the broader industry context. All modifications to traditional systems will have to take the sometimes divergent interests of the different stakeholders into account. While it is crucial to entice incumbent players to develop forward looking strategies, it is equally crucial to provide some time for transition. Reflection is needed on how to reconfigure revenue sharing models between the various stakeholders.The study also noted that, from a cross-border perspective, day-and-date releases on VoD and in theatres could help spread European films in areas where they would usually not benefit from a theatrical release. This is another area where experimentation should be encouraged. However, such experiments should be part of a broader exercise in order to have a reasonable chance of success.
{"title":"Analysis of the Legal Rules for Exploitation Windows and Commercial Practices in EU Member States and of the Importance of Exploitation Windows for New Business Practices","authors":"Heritiana Ranaivoson, Sophie De Vinck, B. Van Rompuy, Katharina Hoelck","doi":"10.2139/ssrn.2472973","DOIUrl":"https://doi.org/10.2139/ssrn.2472973","url":null,"abstract":"This report aims to provide an overview of the release windows systems in the EU and its possible evolution, paying particular attention to their impact on emerging VoD business practices.In general terms, the release windows systems across the EU function according to the same principles, i.e. to find a balance between complementarity and cannibalization in view of maximising overall revenues while building sustainable business relationships. Yet these general principles are adapted to the local context, with a specific framework, different windows and various window lengths. The result in the EU is a diversity of release windows features, reflecting the long-lasting diversity of national film industries.The study shows that a trend towards shorter theatrical windows is clearly visible and further evolutions seem inevitable, even if some stakeholders continue to oppose it. Alternative release schedules and methods - that approach the sequencing system with more flexibility - have been already tested by several companies and related to various films. Digitisation brings along increased room and potential for differentiation, flexibility and diversity. Shorter windows may benefit certain types of content in specific contexts: non-mainstream titles could in particular benefit from the added marketing impact associated with shorter windows or with a simultaneous or quasi simultaneous release e.g. in theatres and on VoD.While the differences between each film and distribution channel will continue to be crucial to attract the audience, maintaining strict and inflexible windowing rules seems no longer to be valid in current circumstances.For those systems that fix release windows in legislation and/or regulation, it will become more and more necessary to provide a sufficient number of derogations. The example of France where it is proposed by the Lescure report to make the current system of release windows more flexible shows that such debates are already ongoing.However, it is important to keep in mind that release window flexibility cannot be isolated from the broader industry context. All modifications to traditional systems will have to take the sometimes divergent interests of the different stakeholders into account. While it is crucial to entice incumbent players to develop forward looking strategies, it is equally crucial to provide some time for transition. Reflection is needed on how to reconfigure revenue sharing models between the various stakeholders.The study also noted that, from a cross-border perspective, day-and-date releases on VoD and in theatres could help spread European films in areas where they would usually not benefit from a theatrical release. This is another area where experimentation should be encouraged. However, such experiments should be part of a broader exercise in order to have a reasonable chance of success.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128006260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of this paper is to provide an overview of the application of competition law in the Slovak Republic since it became a member of the European Union 10 years ago. Special emphasis is placed on selected problems and questions which arose in the application of European competition rules and the need for an adjustment of Slovak competition legislation to EU requirements. The paper presents the relevant amendments in the Slovak Competition Act and analyses in detail their background. Slovak competition law has undergone many changes in the past 10 years, not always without problems. The aim of this paper is to identify the most important of those difficulties and explain why they have occurred. The correct application of national and EU competition rules by Slovak courts has proven to be one of the biggest challenge here, ultimately even causing the European Commission to intervene as amicus curiae. The actions taken by the European Commission in relation to competition matters within the Slovak Republic, and its resulting recommendations, will also be considered. The paper will outline how Slovak competition law has been step-by-step increasing its harmonisation with EU competition law over the last 10 years. Indeed, it is now possible to claim that Slovak competition legislation is fully harmonised with the rules of the European Union. The paper will thus mainly focus on those elements of Slovak law which can give a clear picture of the state of convergence of both legal systems. Nevertheless, the end of the road has not yet been reached. Further harmonisation of selected current topics within Slovak competition law will need to be assessed also. It will also be necessary to analyse which direction should Slovak competition law take in the future with regard to current EU trends. These issues include the need to find a balance between the protection of business secrets and the right of procedural parties to due process, especially in connection with the protection of leniency documents.
{"title":"Ten Years in the European Union – Selected Remarks Related To the Harmonisation of Slovak Competition Law with EU Competition Law","authors":"Barbora Králičková","doi":"10.2139/ssrn.2738388","DOIUrl":"https://doi.org/10.2139/ssrn.2738388","url":null,"abstract":"The aim of this paper is to provide an overview of the application of competition law in the Slovak Republic since it became a member of the European Union 10 years ago. Special emphasis is placed on selected problems and questions which arose in the application of European competition rules and the need for an adjustment of Slovak competition legislation to EU requirements. The paper presents the relevant amendments in the Slovak Competition Act and analyses in detail their background. Slovak competition law has undergone many changes in the past 10 years, not always without problems. The aim of this paper is to identify the most important of those difficulties and explain why they have occurred. The correct application of national and EU competition rules by Slovak courts has proven to be one of the biggest challenge here, ultimately even causing the European Commission to intervene as amicus curiae. The actions taken by the European Commission in relation to competition matters within the Slovak Republic, and its resulting recommendations, will also be considered. The paper will outline how Slovak competition law has been step-by-step increasing its harmonisation with EU competition law over the last 10 years. Indeed, it is now possible to claim that Slovak competition legislation is fully harmonised with the rules of the European Union. The paper will thus mainly focus on those elements of Slovak law which can give a clear picture of the state of convergence of both legal systems. Nevertheless, the end of the road has not yet been reached. Further harmonisation of selected current topics within Slovak competition law will need to be assessed also. It will also be necessary to analyse which direction should Slovak competition law take in the future with regard to current EU trends. These issues include the need to find a balance between the protection of business secrets and the right of procedural parties to due process, especially in connection with the protection of leniency documents.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"3 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116097413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper provides a study of the impact of EU competition rules on Lithuanian legislation and legal practice. It was found therein that the Lithuanian law on competition, its competition authority and courts do not adhere to all objectives of EU competition law consistently. In Lithuania, the most followed objectives of EU competition law are primarily that of the internal market and consumer welfare. The European Commission looks at both: competition and the creation and preservation of the internal market, as promoting consumer welfare and an efficient allocation of resources; it proclaims that the role of competition law is to prevent harm to consumers.The Lithuanian law on competition fully corresponds to the provisions of the Treaty. Full compliance is endorsed by the National Competition Authority while Lithuanian courts strive to maintain such policy by referring to the internal market and consumer welfare standards. Both the Lithuanian competition authority and its courts defend consumer welfare from higher prices, reduced output, less choice or lower quality of goods or services, or diminished innovation. Existing legislation and other procedural rules entitle the competition authority and courts of Lithuania to enforce competition law without significant obstacles. Applicable procedures ensure transparent, independent, and professional decision-making by the competition authority, confidentiality, as well as an effective process of investigation and information collection.The Commission’s move towards the realignment of competition law with modern economic thinking on efficiency and welfare has begun. It entails not just the adoption of the consumer welfare standard, but also the application of the ‘effects’ approach. However, EU Courts have not been unambiguously following the consumer welfare standard, as endorsed by the Commission. They protect competitors themselves, rather than competition, ruling in favour of small or medium-sized firms in order to keep markets open and achieve fairness. They tend to protect the structure of the market from indirect possible long-term effects on consumers, rather than just from immediate direct effect on them.Some evidence was found of a ‘more economic’ approach being applied over the last decade as it started to find its way into the enforcement of Lithuanian competition law. Although this trend is likely to increase in the future, it is, nevertheless, still not the prevailing approach in Lithuania. At the same time, the national competition authority and courts strictly follow the guidelines and communications of the Commission on this issue.
{"title":"The Impact of EU Competition Rules on Lithuanian Competition Law","authors":"R. Stanikunas, Arunas Burkinas","doi":"10.2139/SSRN.2738418","DOIUrl":"https://doi.org/10.2139/SSRN.2738418","url":null,"abstract":"This paper provides a study of the impact of EU competition rules on Lithuanian legislation and legal practice. It was found therein that the Lithuanian law on competition, its competition authority and courts do not adhere to all objectives of EU competition law consistently. In Lithuania, the most followed objectives of EU competition law are primarily that of the internal market and consumer welfare. The European Commission looks at both: competition and the creation and preservation of the internal market, as promoting consumer welfare and an efficient allocation of resources; it proclaims that the role of competition law is to prevent harm to consumers.The Lithuanian law on competition fully corresponds to the provisions of the Treaty. Full compliance is endorsed by the National Competition Authority while Lithuanian courts strive to maintain such policy by referring to the internal market and consumer welfare standards. Both the Lithuanian competition authority and its courts defend consumer welfare from higher prices, reduced output, less choice or lower quality of goods or services, or diminished innovation. Existing legislation and other procedural rules entitle the competition authority and courts of Lithuania to enforce competition law without significant obstacles. Applicable procedures ensure transparent, independent, and professional decision-making by the competition authority, confidentiality, as well as an effective process of investigation and information collection.The Commission’s move towards the realignment of competition law with modern economic thinking on efficiency and welfare has begun. It entails not just the adoption of the consumer welfare standard, but also the application of the ‘effects’ approach. However, EU Courts have not been unambiguously following the consumer welfare standard, as endorsed by the Commission. They protect competitors themselves, rather than competition, ruling in favour of small or medium-sized firms in order to keep markets open and achieve fairness. They tend to protect the structure of the market from indirect possible long-term effects on consumers, rather than just from immediate direct effect on them.Some evidence was found of a ‘more economic’ approach being applied over the last decade as it started to find its way into the enforcement of Lithuanian competition law. Although this trend is likely to increase in the future, it is, nevertheless, still not the prevailing approach in Lithuania. At the same time, the national competition authority and courts strictly follow the guidelines and communications of the Commission on this issue.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133589217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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