203

result(s)

Word(s)
Publication type
Author
Keyword
Date

Directive 2011/7/EU on late payments in commercial transactions

11-07-2018

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into ...

Directive 2011/7/EU on late payments in commercial transactions (Late Payment Directive, (LPD)) strengthened European regulations first introduced in 2000 in favour of creditors. In addition to statutory interest, the application of which is still not automatic, maximum periods were established for payments in business-to-business transactions and those with public authorities, limiting contractual freedom, which is often abused by stronger companies. Following the largely correct transposition into national law, the situation continues to vary between Member States with regard to average payment periods (especially from public authorities), and the level of implementation of additional voluntary measures (such as prompt payment codes). In the absence of harmonised measurement methods, business surveys and consultations indicate improving practices, but the attribution of this development to the LPD cannot be separated from broader economic contexts and cultural aspects easily. Further exchange of best practices and better monitoring of their effectiveness might facilitate future developments in the area of late payments, including legislative action.

Unfair trading practices in the food supply chain

05-07-2018

The Commission proposal aims to strengthen the resilience of weaker operators in the food supply chain and improve its functioning. The supporting impact assessment appears to be substantially constrained by the limited evidence base. The data on the scale of the problem seems limited and precise quantifications of costs and benefits of the option packages was not feasible. The stakeholder consultation activities, on the other hand, have largely followed the requirements of the Better Regulation ...

The Commission proposal aims to strengthen the resilience of weaker operators in the food supply chain and improve its functioning. The supporting impact assessment appears to be substantially constrained by the limited evidence base. The data on the scale of the problem seems limited and precise quantifications of costs and benefits of the option packages was not feasible. The stakeholder consultation activities, on the other hand, have largely followed the requirements of the Better Regulation Guidelines.

Review Clauses in EU Legislation: A Rolling Check-List (6th edition)

29-06-2018

This study provides an overview of review clauses (reviews, evaluations, implementation reports) contained in EU legislation during the sixth, seventh and the current, eighth parliamentary term. Drawing on information publicly available across several sources, it provides in a single, comprehensive repository an analytical overview of acts that contain a review clause. The study puts a special focus on (and the analysis of) review clauses in EU legislative acts adopted during the current parliamentary ...

This study provides an overview of review clauses (reviews, evaluations, implementation reports) contained in EU legislation during the sixth, seventh and the current, eighth parliamentary term. Drawing on information publicly available across several sources, it provides in a single, comprehensive repository an analytical overview of acts that contain a review clause. The study puts a special focus on (and the analysis of) review clauses in EU legislative acts adopted during the current parliamentary term (with a total of 147 legislative acts with a review clause adopted through the ordinary legislative procedure up until end of December 2017).

What if law shaped technologies?

28-06-2018

Existing legal structures may prove a poor match for new types of disputes raised by disruptive technologies. Can the legal system overcome the temporal gap between the emergence of a technology and the subsequent need for controlling its possible effects and retain both flexibility and responsiveness? What regulation is justified by a particular technology? How should a particular technology be regulated? How can law regulate uncertain and unknown futures in the face of limited knowledge?

Existing legal structures may prove a poor match for new types of disputes raised by disruptive technologies. Can the legal system overcome the temporal gap between the emergence of a technology and the subsequent need for controlling its possible effects and retain both flexibility and responsiveness? What regulation is justified by a particular technology? How should a particular technology be regulated? How can law regulate uncertain and unknown futures in the face of limited knowledge?

What if technologies shaped the law?

07-06-2018

Is there a relationship between law, technological innovation, and regulatory governance? Are technologies ordinary objects of formal law that can fit into the traditional doctrinal classification? What if technologies were legal artefacts that question and challenge the traditional boundaries of legal thought? Has technology been developed to the extent that it exerts the functions of law? Is there a gradual shift from the traditional notion of "code is law" (i.e. code having the effect of law) ...

Is there a relationship between law, technological innovation, and regulatory governance? Are technologies ordinary objects of formal law that can fit into the traditional doctrinal classification? What if technologies were legal artefacts that question and challenge the traditional boundaries of legal thought? Has technology been developed to the extent that it exerts the functions of law? Is there a gradual shift from the traditional notion of "code is law" (i.e. code having the effect of law) to the new conception of "law is code"?

Research for AGRI Committee - Agricultural trade: assessing reciprocity of standards

15-05-2018

The aim of this study is to provide an assessment of the application of the reciprocity principle in EU agri-food trade at global level. The report provides substantial evidence for progresses occurring at worldwide level in regulatory rapprochement. Scientific cooperation, collaboration between risk assessment bodies, harmonization of control procedures and early warning systems for emerging hazards can facilitate progress in this direction, reducing transaction costs and information asymmetries ...

The aim of this study is to provide an assessment of the application of the reciprocity principle in EU agri-food trade at global level. The report provides substantial evidence for progresses occurring at worldwide level in regulatory rapprochement. Scientific cooperation, collaboration between risk assessment bodies, harmonization of control procedures and early warning systems for emerging hazards can facilitate progress in this direction, reducing transaction costs and information asymmetries in agri-food trade.

External author

A. Zezza, F. De Maria, M. R. Pupo D’Andrea, J. Swinnen, G. Meloni, S. Vandevelde, A. Olper, D. Curzi, V. Raimondi, S. Droguè

Cross-border distribution of investment funds

23-04-2018

The Directive on Undertakings for Collective Investment in Transferable Securities (UCITS) provides for strong investor protection and creates a label for European retail investment funds. The Directive on Alternative Investment Fund Managers (AIFM) lays down rules for the authorisation, supervision and oversight of managers of non-UCITS funds, i.e. alternative investment funds (AIFs). Facilitating cross-border investment remains an essential part of the European Commission's action plan on building ...

The Directive on Undertakings for Collective Investment in Transferable Securities (UCITS) provides for strong investor protection and creates a label for European retail investment funds. The Directive on Alternative Investment Fund Managers (AIFM) lays down rules for the authorisation, supervision and oversight of managers of non-UCITS funds, i.e. alternative investment funds (AIFs). Facilitating cross-border investment remains an essential part of the European Commission's action plan on building a capital markets union (CMU); the current legislative initiative is limited to facilitating further the cross-border distribution and supervision of UCITS and AIFs, mainly by reducing national regulatory barriers. This briefing presents the rationale for both the existing legislation and the new legislative proposal, as well as the positions of the institutional bodies and stakeholders.

Consumer sale of goods

12-03-2018

On 22 February 2018, the European Parliament's Committee for the Internal Market and Consumer Protection (IMCO) adopted its report on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, dating from 2015, was replaced on 31 October 2017 by an amended one which intends to replace the existing Consumer Sales Directive dating from 1999 entirely, instead of regulating only online and other distance contracts as had originally been planned. By ...

On 22 February 2018, the European Parliament's Committee for the Internal Market and Consumer Protection (IMCO) adopted its report on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, dating from 2015, was replaced on 31 October 2017 by an amended one which intends to replace the existing Consumer Sales Directive dating from 1999 entirely, instead of regulating only online and other distance contracts as had originally been planned. By contrast to the 1999 Consumer Sales Directive, the Commission's proposal would introduce a maximum-harmonisation approach, meaning that EU Member States could no longer introduce a higher level of consumer protection than set in the directive. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous versions of this briefing, please see: PE 599.286 (February 2017).

International Agreements - A Rolling Check-List

09-03-2018

This rolling check-list offers an implementation monitoring tool that allows for a systematic overview of the review and monitoring clauses, sunset clauses and also management and implementation clauses that are included in international agreements concluded between the EU and third countries. It is produced by the Ex-Post Evaluation Unit of the European Parliamentary Research Service (EPRS), the European Parliament's in-house research service and think-tank, as part of its work on the evaluation ...

This rolling check-list offers an implementation monitoring tool that allows for a systematic overview of the review and monitoring clauses, sunset clauses and also management and implementation clauses that are included in international agreements concluded between the EU and third countries. It is produced by the Ex-Post Evaluation Unit of the European Parliamentary Research Service (EPRS), the European Parliament's in-house research service and think-tank, as part of its work on the evaluation of the EU policy cycle.

Contracts for the supply of digital content and digital services

19-02-2018

On 21 November 2017, the European Parliament's Internal Market and Consumer Committee (IMCO) and Legal Affairs Committee (JURI) adopted their joint report on the European Commission's proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The Council of the EU agreed on a general approach in June 2017. Trilogue meetings began on 5 December 2017 and are still on-going. The main changes proposed by the ...

On 21 November 2017, the European Parliament's Internal Market and Consumer Committee (IMCO) and Legal Affairs Committee (JURI) adopted their joint report on the European Commission's proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The Council of the EU agreed on a general approach in June 2017. Trilogue meetings began on 5 December 2017 and are still on-going. The main changes proposed by the joint report of the two Parliament committees are concerned with the duration of legal guarantees for digital content and services, liability for hidden defects and the short-term right to reject defective digital content. An issue which is still being discussed is the relationship between the directive and EU public law rules on the protection of personal data. Fourth 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 608.748 (October 2017).

Upcoming events

16-07-2018
TAX3 Committee Delegation to Washington D.C.
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TAX3
18-07-2018
Tables rondes à Niamey : Numérique, eau et agriculture, et énergies renouvelables
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BURO EPRS
04-09-2018
Fiscal stabilization capacity for the Euro area: IMF proposals and political reality
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EPRS

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