192

result(s)

Word(s)
Publication type
Author
Keyword
Date

Upgrading EU Company Law for digital solutions and cross-border operations

09-01-2018

Currently, EU company law is partially codified in Directive (EU) 2017/1132 relating to certain aspects of company law. Harmonisation of EU company law is a prerequisite for deploying a fully-fledged digital single market enabling all operators, in particular SMEs, to draw on the potential of the digital economy and to eliminate unnecessary barriers, while safeguarding their rights and providing legal and cyber security. Despite the recent codification and recently amended other pieces of EU company ...

Currently, EU company law is partially codified in Directive (EU) 2017/1132 relating to certain aspects of company law. Harmonisation of EU company law is a prerequisite for deploying a fully-fledged digital single market enabling all operators, in particular SMEs, to draw on the potential of the digital economy and to eliminate unnecessary barriers, while safeguarding their rights and providing legal and cyber security. Despite the recent codification and recently amended other pieces of EU company law, problems linked with legal certainty, administrative burden, unnecessary costs for companies resulting in lack of transparency or ineffective protection of companies, still remain. These points were noted and underscored several times by the European Parliament. The European Commission is expected to publish a legislative proposal on an EU company law package on 16 January 2018, potentially addressing digitalisation, cross-border mergers, divisions and conversions, as well as rules on conflict of laws related to company law.

Legal analysis with focus on Article 11 of the proposed Directive on Copyright in the Digital Market

07-12-2017

The briefing paper gives a brief introductory presentation of the provisions of the copyright proposal COM (2016)593 concerning the creation of new rights for press publishers to protect their press publications under EU law. It also discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration and sheds light on the definitions "press publishers" and "press publications" and the scope of the protection as well as the effects of the proposed directive ...

The briefing paper gives a brief introductory presentation of the provisions of the copyright proposal COM (2016)593 concerning the creation of new rights for press publishers to protect their press publications under EU law. It also discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration and sheds light on the definitions "press publishers" and "press publications" and the scope of the protection as well as the effects of the proposed directive.

External author

Christophe CARON, Professor of the Faculty of Law, University Paris-Est

The proposed Directive on Copyright in the Digital Single Market (Articles 11, 14 and 16) Strengthening the Press Through Copyright

07-12-2017

The briefing gives a brief introductory presentation of the provisions of the proposal concerning the creation of new rights for press publishers to protect their press publications under EU copyright law. Also, it discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration. It also discusses the definitions (of press publishers and press publications) and the scope of the protection as well as the effects of the proposed directive.

The briefing gives a brief introductory presentation of the provisions of the proposal concerning the creation of new rights for press publishers to protect their press publications under EU copyright law. Also, it discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration. It also discusses the definitions (of press publishers and press publications) and the scope of the protection as well as the effects of the proposed directive.

External author

Thomas HÖPPNER, Professor of Business and Intellectual Property Law, Technical University Wildau

Mapping the Cost of Non-Europe, 2014-19 - Fourth edition

07-12-2017

This study brings together work in progress on a long-term project to identify and analyse the 'cost of non-Europe' in a number of policy fields. This concept, first pioneered by the European Parliament in the 1980s, is used here to quantify the potential efficiency gains in today's European economy through pursuing a series of policy initiatives recently advocated by Parliament – from a wider and deeper digital single market to more systematic coordination of national and European defence policies ...

This study brings together work in progress on a long-term project to identify and analyse the 'cost of non-Europe' in a number of policy fields. This concept, first pioneered by the European Parliament in the 1980s, is used here to quantify the potential efficiency gains in today's European economy through pursuing a series of policy initiatives recently advocated by Parliament – from a wider and deeper digital single market to more systematic coordination of national and European defence policies or increased cooperation to fight corporate tax avoidance. The benefits are measured principally in additional GDP generated or more rational use of public resources. The latest analysis suggests that the European economy could be boosted by €1.75 trillion per year – or 12 % of EU-28 GDP (2016) – by such measures over time. The study is intended to make a contribution to the on-going discussion about the European Union's policy priorities over the current five-year institutional cycle, running from 2014 to 2019.

Public procurement contracts

01-11-2017

Public authorities conclude contracts to ensure the supply of works and delivery of services. These contracts, concluded in exchange for remuneration with one or more operators, are called public contracts and represent an important part of the EU’s GDP. However, only a small percentage of public procurement contracts have been awarded to non-national undertakings. The application of the principles of the internal market to these contracts ensures better allocation of economic resources and more ...

Public authorities conclude contracts to ensure the supply of works and delivery of services. These contracts, concluded in exchange for remuneration with one or more operators, are called public contracts and represent an important part of the EU’s GDP. However, only a small percentage of public procurement contracts have been awarded to non-national undertakings. The application of the principles of the internal market to these contracts ensures better allocation of economic resources and more rational use of public funds. A new public procurement package was adopted in 2014 by Parliament and the Council with the aim of simplifying procedures and making them more flexible in order to encourage access to public procurement for SMEs, and to ensure that greater consideration is given to social and environmental criteria.

Contracts for supply of digital content

09-10-2017

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with ...

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with regard to conformity and remedies. As for the Parliament, a draft report was published in November 2016 by the two co-rapporteurs, who proposed to expand the directive's scope to include digital content supplied against data that consumers provide passively, while also strengthening the position of consumers as regards criteria of conformity. Objective criteria would become the default rule, with a possibility to depart from them only if the consumer's attention were explicitly drawn to the shortcomings of the digital content. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 599.310 (March 2017).

Company law

01-10-2017

There is no codified European company law as such and Member States continue to operate separate company acts, which are amended from time to time to comply with EU directives and regulations. The ongoing efforts for establishing a modern and efficient company law and corporate governance framework for European undertakings, investors and employees aim to improve the business environment in the EU.

There is no codified European company law as such and Member States continue to operate separate company acts, which are amended from time to time to comply with EU directives and regulations. The ongoing efforts for establishing a modern and efficient company law and corporate governance framework for European undertakings, investors and employees aim to improve the business environment in the EU.

Current and Emerging Trends in Disruptive Technologies: Implications for the Present and Future of EU’s Trade Policy

20-09-2017

Digital technologies, taken as a broad generic category of technological inventions and applications, fall under a rare kind of ‘disruptive technologies’ that can radically change existing economic sectors, enable new modes of work, production and consumption and trigger broader societal transformations. To make apt policy decisions, there is a distinct need to understand what these technologies and their effects actually are and how they may develop over time. This study attends to this need in ...

Digital technologies, taken as a broad generic category of technological inventions and applications, fall under a rare kind of ‘disruptive technologies’ that can radically change existing economic sectors, enable new modes of work, production and consumption and trigger broader societal transformations. To make apt policy decisions, there is a distinct need to understand what these technologies and their effects actually are and how they may develop over time. This study attends to this need in particular with regard to the implications of digital technologies for EU’s external trade policies. It accentuates the critical importance of data and cross-border data flows for the emergent digital economy and underscores the need to appropriately address them with a calibrated and more proactive positioning of the EU in international trade venues.

Strengthening the Position of Press Publishers and Authors and Performers in the Copyright Directive

15-09-2017

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee. It reviews Art 11 and Arts 14-16 of the proposed Directive on Copyright in the Digital Single Market. It outlines criticisms that have been made of the proposals, includes reports of research into the operation and effects of precursors of Article 11 in Germany and Spain, a summary of the cultural economics literature on legal regulation ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee. It reviews Art 11 and Arts 14-16 of the proposed Directive on Copyright in the Digital Single Market. It outlines criticisms that have been made of the proposals, includes reports of research into the operation and effects of precursors of Article 11 in Germany and Spain, a summary of the cultural economics literature on legal regulation of authors’ contracts and analysis of the laws of 7 Member States to see in what way Arts 14-16 would “add value”.

External author

Lionel Bently Martin Kretschmer Tobias Dudenbostel María del Carmen Calatrava Moreno Alfred Radauer

Legal Implications of Brexit: Customs Union, Internal Market Acquis for Goods and Services, Consumer Protection Law, Public Procurement

09-08-2017

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in ...

This in-depth analysis addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main cross-cutting challenges that have to be addressed irrespective of the policy choices that will be made in due course. The analysis takes the fully-fledged EU membership as a point of departure and compares this baseline scenario to a membership of the UK in the European Economic Area (EEA), the application of tailor-made arrangements, as well as the fall-back scenario, in which the mutual relationship is governed by WTO law. Following an analysis of the EU legal framework defining the withdrawal of a Member State from the EU the study develops an analytical framework that allows for the identification of the legal impact of different Brexit scenarios on policy fields falling within the ambit of the IMCO Committee. In this context, the general impact of the EEA model, the tailor-made model and the WTO model on key pieces of the currently existing acquis communautaire in these policy areas are highlighted.

External author

Fabian AMTENBRINK, Menelaos MARKAKIS and René REPASI Erasmus School of Law, Erasmus University Rotterdam / European Research Centre for Economic and Financial Governance (EURO-CEFG) Erasmus University Rotterdam

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