216

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Outils et processus numériques dans le droit des sociétés

10-04-2019

Il est indispensable, au regard de la croissance économique, que les entreprises puissent exercer leur activité dans un environnement juridique et administratif favorable. Celles-ci utilisent déjà des outils numériques dans leur interaction avec les administrations, toutefois à des degrés divers selon l’État membre concerné. Lors de la session plénière d’avril II, le Parlement doit statuer sur le texte de compromis issu des négociations en trilogue. Ce texte vise à harmoniser et à encourager l'utilisation ...

Il est indispensable, au regard de la croissance économique, que les entreprises puissent exercer leur activité dans un environnement juridique et administratif favorable. Celles-ci utilisent déjà des outils numériques dans leur interaction avec les administrations, toutefois à des degrés divers selon l’État membre concerné. Lors de la session plénière d’avril II, le Parlement doit statuer sur le texte de compromis issu des négociations en trilogue. Ce texte vise à harmoniser et à encourager l'utilisation d'outils numériques aux différents stades du cycle de vie d’une entreprise.

Contracts for the supply of digital content and digital services

21-03-2019

On 29 January 2019, the European Parliament and the Council reached a provisional agreement 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 directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods ...

On 29 January 2019, the European Parliament and the Council reached a provisional agreement 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 directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods. They also agreed that the duration of legal guarantees for digital content and services would not be fully harmonised but that national laws should not limit it to less than two years; that for the first year from delivery the burden of proof should be on the supplier; and that traders would be required to provide updates. The directive would also establish what remedies consumers are entitled to and the order in which they can be used. Parliament is expected to vote on the provisional agreement during the March II plenary session. Fifth edition of a briefing originally drafted by Rafał Mańko. 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 614.707 (February 2018).

Consumer sale of goods

19-03-2019

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, from 2015, which was intended to lay down rules on online and other distance sales of goods only, was replaced on 31 October 2017 by an amended version. This sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline ...

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the Commission proposal for a new directive on the consumer sale of goods. The Commission's original proposal, from 2015, which was intended to lay down rules on online and other distance sales of goods only, was replaced on 31 October 2017 by an amended version. This sought to replace entirely the existing Consumer Sales Directive dating from 1999, and regulate contracts concluded both online and offline. The provisional agreement on the proposal reached between the Parliament and Council would allow Member States to decide on a legal guarantee of longer than two years and extend the period during which it is presumed that the goods were faulty from the start. Parliament is due to vote on the agreement during the March II 2019 plenary. Fourth edition, based on a briefing originally drafted by Rafał Mańko. 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 614.744 (March 2018).

Expedited settlement of commercial disputes in the European Union

05-12-2018

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should focus on the enhancement of procedural efficiency, among other things, by taking action to reduce length of procedure. The 2018 European Added Value Assessment (EAVA) suggests that the EU actions to expedite settlement of commercial disputes could generate European added value for the EU economy and businesses in the range of 4.6 to 5.7 billion EUR annually. The European added value can be created through increase in direct contribution of litigation services revenues to the EU economy and through reduction of opportunity costs to business associated with length of judicial proceedings.

Mediation Directive 2008/52/EC

15-11-2018

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

Policy Departments' Monthly Highlights - November 2018

12-11-2018

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Polbud judgment and the freedom of establishment for companies in the European Union: problems and perspectives

23-10-2018

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority ...

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority shareholders and workers.

Auteur externe

Simona FRAZZANI Professor Carlo ANGELICI Professor Jochen HOFFMANN Silvia MEDICI, Professor Francesco SCIAUDONE

An overview of shell companies in the European Union

17-10-2018

In April 2018, the European Parliament's Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) requested a study on shell companies in the EU. In response to this request, the Ex-Post Evaluation Unit (EVAL) and the European Added Value Unit (EAVA) of the European Parliamentary Research Service (EPRS) prepared this study. The study aims to contribute to a better understanding of the phenomenon of shell companies in the European Union. In particular, it approaches the issue through ...

In April 2018, the European Parliament's Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance (TAX3) requested a study on shell companies in the EU. In response to this request, the Ex-Post Evaluation Unit (EVAL) and the European Added Value Unit (EAVA) of the European Parliamentary Research Service (EPRS) prepared this study. The study aims to contribute to a better understanding of the phenomenon of shell companies in the European Union. In particular, it approaches the issue through a set of ‘proxy’ indicators at a member state level. It proceeds by presenting main risks associated with the shell companies. Finally, if presents policies aiming at mitigating these identified risks.

What if blockchain were to be truly decentralised?

27-09-2018

Technological systems, once introduced in a particular socio-economic context, often evolve in unforeseen ways and may fall prey to unexpected power relations. Blockchain, as a technology that relies on decentralisation to enable storing and securing data-based transactions without central administration, is currently facing significant centralisation pressures that may undermine the purpose of operating a decentralised blockchain network. But what if blockchain fulfilled its promise to be truly ...

Technological systems, once introduced in a particular socio-economic context, often evolve in unforeseen ways and may fall prey to unexpected power relations. Blockchain, as a technology that relies on decentralisation to enable storing and securing data-based transactions without central administration, is currently facing significant centralisation pressures that may undermine the purpose of operating a decentralised blockchain network. But what if blockchain fulfilled its promise to be truly decentralised?

What if blockchain offered a way to reconcile privacy with transparency?

27-09-2018

One of the most appealing aspects of blockchain technology is the degree of transparency that it can provide. Blockchain has the potential to improve supply chains and clinical trials, enforce the law, enable responsible consumption and enhance democratic governance through a traceability of information as a means of ensuring that nothing is unduly modified. The level of transparency that blockchain brings forward adds a degree of accountability that has not existed to date. At the same time, one ...

One of the most appealing aspects of blockchain technology is the degree of transparency that it can provide. Blockchain has the potential to improve supply chains and clinical trials, enforce the law, enable responsible consumption and enhance democratic governance through a traceability of information as a means of ensuring that nothing is unduly modified. The level of transparency that blockchain brings forward adds a degree of accountability that has not existed to date. At the same time, one of the most appealing aspects of blockchain technology is the degree of privacy that it can provide. How could blockchain safeguard the rights to privacy and control over one’s data, whilst promoting data transparency?

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