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Article: Legislation Comment: Considerations on the Digital Markets Act, the Way to a Fair and Open Digital Environment 条款:立法评论:对《数字市场法》的思考:通往公平开放的数字环境之路
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024019
Dragoș Mihail Mănescu
This paper aims to present how Regulation (EU) 2022/1925 (the Digital Markets Act) will enter into force, as well as a few points of interest related to the essential provisions of this Regulation which establishes clear rules for large online platforms. The article also tackles important challenges and practical determinations that will have to be taken into consideration in the process of implementing this piece of legislation together with significant legislative developments that will have to be enacted worldwide in order to comply or cooperate with the European legislation in the matter of digital markets.Digital Markets Act, Regulation (EU) 2022/1925, gatekeeper, Big Tech, core platform services, business users, end users
本文旨在介绍第 2022/1925 号法规(欧盟)(《数字市场法》)将如何生效,以及与该法规基本条款有关的几个要点,该法规为大型在线平台制定了明确的规则。文章还探讨了在实施该法规的过程中必须考虑的重要挑战和实际决定,以及为遵守或配合欧洲在数字市场方面的立法而必须在全球范围内颁布的重大立法发展。 数字市场法、法规(欧盟)2022/1925、守门人、大科技、核心平台服务、企业用户、最终用户
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引用次数: 0
Article: Cross-Jurisdictional Factoring Contract Assessment: A British- Greek Assignment Law Comparison 文章:跨司法管辖区保理合同评估:英国与希腊转让法比较
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024016
The aim of this paper is to provide a comparative analysis on key issues in the assignment of debts for factoring contracts, which have become increasingly popular in recent years. The goal is to address key systemic problems, by comparing the UK rules to the Greek legal system.Specifically, the focus is on three key issues. First, the nature of the agreement, including the differences of assignments in law and in equity, the issues of assigning future debts and of non-assignment clauses. Second, giving notice to the debtor for the factoring company to vest with its client’s rights and the problem of what rights the factor obtains when there is a reservation of title, meaning that the assignee’s supplier has reserved their title on the goods, which are then further sold to the assignee’s clients. Third, the assignment of related rights, which is not automatic in the UK system.Commercial law, business law, corporate finance, comparative law, factoring agreements, assignment of debts, notice of assignments, transfer of related rights, double reservation of title
本文旨在对近年来日益流行的保理合同债务转让中的关键问题进行比较分析。具体来说,重点是三个关键问题。首先是协议的性质,包括法律转让和衡平法转让的区别、未来债务的转让问题以及非转让条款。第二,向债务人发出通知,使保理公司获得其客户的权利,以及在保留所有权的情况下,保理商获得何种权利的问题,这意味着受让人的供应商保留了对货物的所有权,然后再将货物出售给受让人的客户。第三,相关权利的转让,这在英国的制度中并不是自动的。商法、商业法、公司金融、比较法、保理协议、债务转让、转让通知、相关权利的转让、双重所有权保留
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引用次数: 0
Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection? 文章:德国雇佣关系中的行为准则--充分实施合规和数据保护的措施?
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024014
Vagelis Papakonstantinou, Daniel Wasser
Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems.Aiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case.Compliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance
合规以及合规管理系统、行为准则和《通用数据保护条例》在任何(跨国)公司中都是广为人知的术语。然而,在日常法律实践中,包含或结合了《一般数据保护条例》第 40 条规定的行为准则(GDPR 准则)的行为准则并不多见。40 GDPR 行为准则(GDPR 准则)的行为准则。尤其是雇主和企业。这是有道理的。关于企业内部的行为准则,目前还没有全面分析企业是否可以合法起草 GDPR 准则,或者--如果可以合法起草--这些准则在雇主的企业合规管理系统中是否是适当的措施。为了促进这方面的讨论,本文明确提出了分析的可能考虑因素,鼓励同行们也对这一主题进行批判性思考。最后,如果 GDPR 守则是适当的措施,那么在任何情况下,合法、全面地实施合规守则也是至关重要的。
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引用次数: 0
Article: The Systemic Importance of Asset Managers: A Case Study for the Future of SIFI Regulation 文章:资产管理公司的系统重要性:未来 SIFI 监管的案例研究
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024017
Joeri De Smet
The nexus between financial stability and the asset management industry remains understudied. I question whether asset managers and/or investment funds could be systemically important, and if so, how financial regulation in the EU and US should cope with this.From a review of the available economic literature and policy standpoints, it emerges that asset managers and the funds that they manage can create systemic risk through fire sales. While in some cases nonbanks can be designated as systemically important under EU and US law, asset managers and investment funds do not fit well in this framework.Consequently, the current rules, concerning both designation and subsequent regulation, fall short. Instead, a simple designation rule could directly address the way in which asset managers can cause or amplify systemic risk. Regulation and supervision should equally address this fire sale risk. I propose a market-based prudential measure, complemented by centralised supervision, that does so.The case of systemically important asset managers shows that current SIFI regulation does not sufficiently account for the systemic risks that can and will be caused by nonbank financial institutions. I therefore advocate a rethink, such that it has a wider institutional scope but more accurately addresses sectoral differences.Financial stability, systemic risk, systemically important financial institutions, nonbank financial institutions, asset management, investment funds, SIFI regulation, fire sales, EU law, US law.
金融稳定与资产管理行业之间的关系仍未得到充分研究。我的问题是,资产管理公司和/或投资基金是否具有系统重要性,如果具有系统重要性,欧盟和美国的金融监管应如何应对。通过对现有经济文献和政策观点的回顾,我们发现,资产管理公司及其管理的基金可能会通过火售造成系统性风险。虽然在某些情况下,根据欧盟和美国法律,非银行可以被指定为具有系统重要性的机构,但资产管理公司和投资基金并不适合这一框架。相反,一个简单的指定规则可以直接解决资产管理公司可能导致或扩大系统性风险的问题。监管和监督也应同样解决这种火灾销售风险。系统重要性资产管理公司的案例表明,目前的系统重要性金融机构监管没有充分考虑到非银行金融机构可能和将要造成的系统性风险。因此,我主张进行反思,使其具有更广泛的机构范围,同时更准确地处理部门差异。金融稳定、系统性风险、系统重要性金融机构、非银行金融机构、资产管理、投资基金、系统重要性金融机构监管、火灾销售、欧盟法律、美国法律。
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引用次数: 0
Article: EU Law and the Member States’ Competence to Regulate the Operation of Collaborative Economy Platforms – Where Do We Stand after the Digital Services Act 文章:欧盟法律和成员国监管协作经济平台运营的权限--《数字服务法》颁布后的现状
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024015
Monika Szwarc
The article analyses selected legal aspects of the functioning of collaborative economy platforms in the internal market of the European Union. The objective is to analyse the scope of the competences left to the Member States to regulate the operation of collaborative economy platforms, both these established on their territories and these benefitting from the freedom to provide crossborder services, after the adoption of the Digital Services Act. The article covers the evolution of EU law concerning online platforms (including collaborative economy platforms), interpretation of information society services, as well as scrutinises provisions of the E-commerce Directive and the Digital Services Act.Free movement of services, internal market, collaborative economy, sharing economy, collaborative platforms
文章分析了协作经济平台在欧盟内部市场运作的部分法律问题。其目的是分析《数字服务法》通过后,留给成员国监管协作经济平台运营的权限范围,包括在其领土上建立的平台和受益于自由提供跨境服务的平台。文章涉及欧盟有关在线平台(包括协作经济平台)的法律演变、对信息社会服务的解释,以及对《电子商务指令》和《数字服务法》条款的审查。
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引用次数: 0
Article: Open-Price Contracts Under the CISG: The Law in Action 文章:销售公约》下的开放式价格合同:实践中的法律
Q2 Social Sciences Pub Date : 2024-04-01 DOI: 10.54648/eulr2024018
The CISG is undoubtedly the most successful instrument of international trade law. While in former times the international sale of goods was regulated by domestic laws, today the international community is able to offer a truly international regime for these contracts. However, the CISG is not free from ambiguities and contradictions. One of the most famous is between Articles 14(1) and 55. This interplay has ignited the well-known academic controversy over the validity of sale of goods contracts without an agreed price under the CISG.The purpose of this article is to look at this contradiction from a different point of view. While in theory it is possible to argue that there is a stalemate between the supporters of validity of open-price contracts and their opponents, this stalemate is the law on the book. The law in practice offers a different landscape. It shows that in practice open-price contracts are regarded as valid under the CISG, although the adjudicators still struggle with the correct application of Article 55.Open-price contracts, Article 14, Article 55, agreements to agree, tentative prices, determinable price, contractual validity, market price, reasonable price.
销售公约》无疑是最成功的国际贸易法文书。以前,国际货物销售由国内法规范,而如今,国际社会能够为这些合同提供真正的国际制度。然而,《销售公约》并非没有含糊不清和相互矛盾之处。其中最著名的是第 14(1)条和第 55 条之间的矛盾。本文旨在从另一个角度探讨这一矛盾。虽然从理论上讲,支持无固定价格合同有效性的一方和反对者之间可以说是僵持不下,但这种僵持是书本上的法律。实践中的法律则呈现出另一番景象。它表明,在实践中,根据《销售公约》,公开价格合同被认为是有效的,尽管裁决者仍在为正确适用第 55 条而挣扎。公开价格合同、第 14 条、第 55 条、协议、暂定价格、可确定价格、合同有效性、市场价格、合理价格。
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引用次数: 0
Article: The Implementation and Transposition of the European Directive 2019/1023 in the Italian Legislative Context 文章:欧洲第 2019/1023 号指令在意大利立法背景下的实施与转化
Q2 Social Sciences Pub Date : 2024-02-01 DOI: 10.54648/eulr2024013
Marina Spiotta, Andrea Jonathan Pagano
With this article, the Authors intend, preliminarily, to provide a brief temporal excursus in order to the complex path that involved, on the Italian scene, the Code of the Corporate Crisis and Insolvency, from promulgation upon actual entry into force after approximately three years. Secondly, the paper tries to provide an overall picture of the major regulatory implementations, describing, in brief, the general characteristics of the Guidelines given by the EU Directive 2019/1023 (so-called Insolvency). Furthermore, the Authors, turning their minds to the supranational legislation that has affected the matter of insolvency, try to verify the compliance of the national provisions with the provisions of the abovementioned Directive. In the conclusions, the paper attempts to provide some hints on the possible application of the rules, which have just entered into force, in the context of the Courts, with particular emphasis on the so-called “early warning tools”.Bankruptcy, EU Directive, Corporate Crisis, Insolvency Code, Early warning tools, Corporate governance, European law, Over-indebtedness, Crisis, Voluntary restructuring plans
通过这篇文章,作者首先打算对《公司危机与破产法》在意大利从颁布到实际生效约三年的复杂过程进行简要的时间梳理。其次,本文试图提供主要监管实施的总体情况,简要介绍欧盟第 2019/1023 号指令(所谓的破产)所规定的准则的一般特征。此外,作者还关注了对破产问题产生影响的超国家立法,试图验证国家规定是否符合上述指令的规定。在结论中,本文试图就刚刚生效的规则在法院的可能应用提供一些提示,特别强调所谓的 "预警工具"。 破产、欧盟指令、公司危机、破产法、预警工具、公司治理、欧洲法律、过度负债、危机、自愿重组计划
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引用次数: 0
Article: Protecting the Environment and Animals: A Recent Amendment of the Italian Constitution 文章:保护环境和动物:意大利宪法最新修正案
Q2 Social Sciences Pub Date : 2024-02-01 DOI: 10.54648/eulr2024012
Nadia Zorzi Galgano
The contribution analyzes the protection of the environment and animals following the amendment of the 2022 Constitution. In particular, with reference to the environment, it considers the European sources of laws, the coordinated protection systems, then accounting for the division between State competence and regional competence at the national level. With reference to animals, also considering the disciplines that protect animals, it identifies the interests taken into consideration by them.environment, animals, protection, biodiversity, interest of future generation, amendment of Italian Constitution 2022
文章分析了 2022 年《宪法》修订后的环境和动物保护问题。特别是在环境方面,它考虑了欧洲的法律渊源、协调的保护体系,然后说明了在国家层面上国家权限和地区权限的划分。关于动物,也考虑了保护动物的学科,确定了这些学科所考虑的利益。
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引用次数: 0
Article: The European Triangle: On the Relationship between Primary EU Law, Secondary EU Law and National Law in the Field of Direct Taxation 文章:欧洲三角:论直接税领域的欧盟主要法律、欧盟次要法律和国家法律之间的关系
Q2 Social Sciences Pub Date : 2024-02-01 DOI: 10.54648/eulr2024008
Jasper J.A.M. Korving
National tax law provisions, EU Directives’ provisions and primary EU law interact. National rules may be based on EU law, EU law may prohibit national legal requirements, and sometimes secondary EU law can be contrary to primary EU law. The three sources of law that, in concert, form a triangle by connecting the three sources,affect each other, especially for interpretational purposes. The author analyzes the relation between the different sources of law, taking each side of the triangle as starting points, and critically addresses flaws in the current approach towards interpretation of EU law, direct effect and the compatibility of secondary EU law with primary EU law. Especially with an increasing number of forthcoming EU Directives in the field of direct taxation, the determination to what extent a directive is an acceptable political compromise or is contrary to fundamental principles is getting increasingly important.EU Law, Directives, Interpretation, Implementation, Harmonization, Direct effect, Fundamental Rights, manifest error, ATAD, DAC
国家税法规定、欧盟指令规定和欧盟主要法律相互影响。国家规则可能以欧盟法律为基础,欧盟法律可能禁止国家法律要求,有时次要欧盟法律可能与主要欧盟法律相悖。这三个法律渊源通过连接形成一个三角形,相互影响,特别是在解释方面。作者以三角形的每一边为出发点,分析了不同法律渊源之间的关系,并批判性地探讨了当前欧盟法律解释方法中的缺陷、直接效力以及欧盟次要法律与欧盟主要法律的兼容性。特别是随着直接征税领域即将出台的欧盟指令越来越多,确定一项指令在多大程度上是可接受的政治妥协或违背基本原则变得越来越重要。
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引用次数: 0
Article: Digitalizing the End-to-End International Trade Finance Process and the Law: A Mission for the Entire Ecosystem 文章:端到端国际贸易融资流程和法律数字化:整个生态系统的使命
Q2 Social Sciences Pub Date : 2024-02-01 DOI: 10.54648/eulr2024009
Mohamed Khair Alshalel
This article considers the digitalization of the end-to-end trade finance process. Given that the emergence and adoption of innovative technologies in trade finance have made full digitalization possible, this article argues that digitalizing the entire trade finance process is a mission for the entire trade finance ecosystem: to successfully digitalize the full trade finance process, one would need to get all the parties involved on board. It also argues that innovation is only one piece of the puzzle and supporting legal frameworks and recognized standards are essential to accelerate the digitalization journey. Divided into seven parts, the article outlines the development of the trade finance industry, focusing on the main challenges and the legal responses to digitalization, before assessing why digitalization the entire process is hard to scale. It discusses disruptive technologies in trade finance, concluding that collaboration between the trade finance industry parties and removing legal uncertainty can assist in accelerating the digitalization transformation.Digitalizing the end-to-end process, trade finance, disruptive technologies, blockchain, standardisation and harmonisation, MLETR, URDTT
本文探讨了端到端贸易融资流程的数字化问题。鉴于贸易金融领域创新技术的出现和采用使全面数字化成为可能,本文认为,贸易金融全流程数字化是整个贸易金融生态系统的使命:要成功实现贸易金融全流程数字化,需要让所有相关方都参与进来。文章还认为,创新只是拼图的一部分,配套的法律框架和公认的标准对于加快数字化进程至关重要。文章分为七个部分,概述了贸易金融行业的发展,重点关注数字化面临的主要挑战和法律对策,然后评估了整个流程数字化难以推广的原因。文章讨论了贸易金融中的颠覆性技术,认为贸易金融行业各方之间的合作以及消除法律不确定性有助于加快数字化转型。端到端流程数字化、贸易金融、颠覆性技术、区块链、标准化与协调、MLETR、URDTT
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引用次数: 0
期刊
European Business Law Review
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