23

resultat(er)

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Artificial Intelligence and Civil Liability

14-07-2020

This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – analyses the notion of AI-technologies and the applicable legal framework for civil liability. It demonstrates how technology regulation should be technology-specific, and presents a Risk Management Approach, where the party who is best capable of controlling and managing a technology-related risk is held strictly liable, as a single entry point for litigation. It then applies such approach to ...

This study – commissioned by the Policy Department C at the request of the Committee on Legal Affairs – analyses the notion of AI-technologies and the applicable legal framework for civil liability. It demonstrates how technology regulation should be technology-specific, and presents a Risk Management Approach, where the party who is best capable of controlling and managing a technology-related risk is held strictly liable, as a single entry point for litigation. It then applies such approach to four case-studies, to elaborate recommendations.

Ekstern forfatter

Andrea BERTOLINI, Ph.D., LL.M. (Yale) Assistant Professor of Private Law, Scuola Superiore Sant’Anna (Pisa) Director of the Jean Monnet - European Centre of Excellence on the Regulation of Robotics and AI (EURA)

Role of Advocates General at the CJEU

10-10-2019

The institution of the Advocate General was introduced into the Treaty of Rome under the influence of the French delegation during the preparation of the Treaty. The French were staunchly opposed to allowing individual judges to present dissenting or concurring opinions, and instead proposed this be done by an Advocate General, a figure modelled on the French commissaire du gouvernement, who offers legal advice to the Conseil d'État on the cases being tried. Initially, there were two Advocates General ...

The institution of the Advocate General was introduced into the Treaty of Rome under the influence of the French delegation during the preparation of the Treaty. The French were staunchly opposed to allowing individual judges to present dissenting or concurring opinions, and instead proposed this be done by an Advocate General, a figure modelled on the French commissaire du gouvernement, who offers legal advice to the Conseil d'État on the cases being tried. Initially, there were two Advocates General – one French and one German. Over time, this number increased, and a number of Advocates General posts were permanently assigned to the larger Member States, whilst the remaining ones were 'rotated' among the smaller countries. Today, there are 11 Advocates General, six of these posts are permanently assigned to the larger Member States. Advocates General are Members of the Court of Justice of the EU, and are appointed under the same procedure as judges. They enjoy the same privileges as judges (immunity), and cannot be removed from office before the end of their six-year term of office. They may be re-elected. Unlike judges, however, they only have an advisory role and do not take part in the decision-making on cases. As a matter of principle, the opinion of an Advocate General is sought in every case tried by the Court of Justice (CJ), unless the latter decides that there is no new point of law. This happens in roughly 30 % of the cases each year. Even though the General Court (GC) has the power to appoint ad hoc Advocates General, it does not now apply this in practice. In contrast to CJ judges, whose opinions are written in a formal and terse language that uses standard phrases and wording often borrowed from earlier judgments, the Advocates General can choose their own style. Again, unlike CJ judges, they also consider the interpretive alternatives and various options of deciding on a case, before proposing their own solution. In the absence of dissenting opinions filed by the CJ judges, the opinions of the Advocates General therefore play an important role and are referred to in later cases. The CJ is not bound by these opinions; nonetheless, according to empirical research, in the case of an action for annulment of an EU act, the CJ is 67 % more likely to annul it if doing so was advised by an Advocate General. This Briefing is one in a series aimed at explaining the activities of the CJEU.

Cooperatives: Characteristics, activities, status, challenges

26-02-2019

Cooperatives are autonomous associations of people aspiring to achieve their objectives through a jointly owned and democratically controlled enterprise. International organisations, such as the United Nations and the European Union (EU), value the role cooperatives play for society, the economy and (international) development. There are 3 million cooperatives worldwide; together, they provide employment for 280 million people, equating to 10 % of the world's employed population. The 300 largest ...

Cooperatives are autonomous associations of people aspiring to achieve their objectives through a jointly owned and democratically controlled enterprise. International organisations, such as the United Nations and the European Union (EU), value the role cooperatives play for society, the economy and (international) development. There are 3 million cooperatives worldwide; together, they provide employment for 280 million people, equating to 10 % of the world's employed population. The 300 largest cooperatives and mutuals in the world had a total turnover of US$2.018 trillion in 2016. In the EU there are some 131 000 cooperatives, with more than 4.3 million employees and an annual turnover of €992 billion. While cooperatives have grown in importance for the (social) economy over the past four decades, they face both long-standing and new challenges, resulting from globalisation or the presence of myriad national laws, but also from organisational and governance issues. Cooperatives have become more product-based and less region-based (in terms of member representation). In addition, cross-border-oriented cooperatives and producer organisations often experience legal uncertainty because of the absence or inconsistent application of international legislation. Policy- and law-makers are currently discussing a number of initiatives aimed at creating a level playing field for cooperatives, both in the EU and globally, that would allow them to compete with investor-oriented firms without giving up their social and cultural orientation. An enabling European legal framework could provide transversal recognition of the cooperative business model across the different sectors of the economy. While small and emerging cooperatives need more targeted funding, and assistance with capacity-building and organisational aspects, larger cooperatives require more EU and national-level support in order to achieve their aims in terms of professionalisation.

En europæisk gruppe for territorialt samarbejde (EGTS)

01-11-2017

De europæiske grupper for territorialt samarbejde (EGTS) blev oprettet for at fremme grænseoverskridende og interregionalt samarbejde mellem medlemsstaterne eller deres regionale og lokale myndigheder. EGTS sætter disse partnere i stand til at gennemføre fælles projekter, udveksle erfaring og forbedre koordineringen på området for fysisk planlægning.

De europæiske grupper for territorialt samarbejde (EGTS) blev oprettet for at fremme grænseoverskridende og interregionalt samarbejde mellem medlemsstaterne eller deres regionale og lokale myndigheder. EGTS sætter disse partnere i stand til at gennemføre fælles projekter, udveksle erfaring og forbedre koordineringen på området for fysisk planlægning.

Cross-border transfer of company seats

12-05-2017

This briefing provides an overview of the legal issues arising from the cross-border transfer of companys' seats within the EU as well as of the current legal landscape. It takes stock of the work carried out and the initiatives taken in this field by both the European Parliament and the Commission. It finally supplies a summary of the expertise recently submitted to both the European Parliament and the Commission as well as of the key findings thereof.

This briefing provides an overview of the legal issues arising from the cross-border transfer of companys' seats within the EU as well as of the current legal landscape. It takes stock of the work carried out and the initiatives taken in this field by both the European Parliament and the Commission. It finally supplies a summary of the expertise recently submitted to both the European Parliament and the Commission as well as of the key findings thereof.

Practices and Approaches in EU Member States to Prevent and End Statelessness

16-11-2015

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. It describes the practices and approaches in all EU Member States as regards the prevention and eradication of statelessness. For that purpose the different national practices are assessed in light of the relevant international and European standards. Since proper mechanisms to identify stateless populations are lacking in a majority of Member ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. It describes the practices and approaches in all EU Member States as regards the prevention and eradication of statelessness. For that purpose the different national practices are assessed in light of the relevant international and European standards. Since proper mechanisms to identify stateless populations are lacking in a majority of Member States, the study addresses the procedures used in determining statelessness and analyses the role of the EU in preventing and reducing statelessness.

Ekstern forfatter

Gerard-René DE GROOT (Maastricht University), Katja SWIDER (University of Amsterdam) and Olivier VONK (Maastricht University and University of Liège)

European Grouping of Territorial Cooperation (EGTC)

02-10-2015

The European integration process has redefined the map of Europe, changing the fortunes of Europe's border regions from peripheral areas to poles of potential growth. Their development has been spurred by European territorial cooperation, with EGTCs playing a leading role in this EU success story. An EGTC enables entities from two or more Member States to work together under a common structure with legal personality. Its objective is to facilitate and promote cross-border, transnational and inter-regional ...

The European integration process has redefined the map of Europe, changing the fortunes of Europe's border regions from peripheral areas to poles of potential growth. Their development has been spurred by European territorial cooperation, with EGTCs playing a leading role in this EU success story. An EGTC enables entities from two or more Member States to work together under a common structure with legal personality. Its objective is to facilitate and promote cross-border, transnational and inter-regional cooperation. Flexible in structure, it is the first EU legal instrument that allows local and regional authorities to cooperate without the need for an agreement ratified at Member State level. To date, a total of 55 EGTCs have been established across 20 Member States covering such areas as operation of cross-border facilities, tourism development and protection of natural heritage. The 2014-20 legislative framework has consolidated the role of EGTCs, with €10 billion available for European territorial cooperation. Numerous challenges remain, however, among them the fact that individual national legal or administrative systems are not always compatible with one another. Discussions on the EGTC are being taken forward by the Luxembourg Presidency of the Council of the EU in the second half of 2015. A public consultation launched by the European Commission in September 2015 will consider the barriers to cross-border cooperation, with a Commission report on the application of the EGTC Regulation due by 1 August 2018.

The European Union's Role in International Economic Fora - Paper 1: The G20

15-09-2015

This paper forms part of a series of nine studies on the role of the European Union in international economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs of the European Parliament. It provides factual background information about the G20, the EU’s role and representation therein, its accountability as well as the coordination and impact thereof. The G20 has played a key role in measures taken to overcome the economic and financial crisis ...

This paper forms part of a series of nine studies on the role of the European Union in international economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs of the European Parliament. It provides factual background information about the G20, the EU’s role and representation therein, its accountability as well as the coordination and impact thereof. The G20 has played a key role in measures taken to overcome the economic and financial crisis and promoted rules to prevent a repetition of such a crisis. The high compliance rate of the EU in implemen¬ting these commitments highlights the importance of the legally non-binding G20 commit-ments. Yet, the G20 is an informal international body where executives from officials’ up to leaders’ level meet. As a body G20 lacks meaningful accountability mechanisms. Moreover the EU can hardly be held to account for its action at the G20 level. This study provides a thorough analysis of the G20 and EU’s action at the G20 level. It sets out the EU legal framework for the participation of the EU and its Member States in the G20. In applying a two-tier accountability framework it identifies accountability gaps and concludes with policy recommendations.

Ekstern forfatter

Fabian Amtenbrink, Niels Blokker, Stefaan van den Bogaert, Armin Cuyvers, Klaus Heine, Christophe Hillion, Jarosław Kantorowicz, Hannes Lenk and René Repasi (European Research Centre for Economic and Financial Governance - EURO-CEFG)

The European Union's Role in International Economic Fora - Paper 3: The OECD

15-06-2015

This paper forms part of a series of nine studies on the role of the European Union in international economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs of the European Parliament. It provides factual background information about the OECD, the EU’s role and representation therein, its accountability as well as the coordination and impact thereof. Key conclusions are that, despite the particular importance the OECD gained during the financial ...

This paper forms part of a series of nine studies on the role of the European Union in international economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs of the European Parliament. It provides factual background information about the OECD, the EU’s role and representation therein, its accountability as well as the coordination and impact thereof. Key conclusions are that, despite the particular importance the OECD gained during the financial crisis, there is limited knowledge as to how it operates and is governed. Although EU Member States constitute more than half of the OECD countries and the EU contributes substantially to the OECD budget on a voluntary basis, the ambiguous and out-dated status of the OECD deprives the EU from voting rights and budgetary oversight. The EU shall pay more attention to this ‘policy pathfinder’ OECD, including when its Member States’ economic trends are being examined and when tailor-made advice is given to EU Member States in economic distress, as well as on critical tax policy issues. Therefore, the EU could formalise its status, develop a consistent and comprehensive coordinated approach on OECD issues by overhauling its long-standing coordination mechanisms, and establish a regular, open and effective reporting intra-EU institutions, which could allow for parliamentary oversight.

Ekstern forfatter

Eli HADZHIEVA

The European Union's Role in International Economic Fora - Paper 7: The IASB

15-06-2015

This paper forms part of a series of nine studies on the role of the European Union in International economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs. International Financial Reporting Standards define the rules for corporate accounting and are set by a private standard setter: the International Accounting Standards Board (IASB). The EU has no formal role in developing these standards, but de facto endorses them ex post. This raises questions ...

This paper forms part of a series of nine studies on the role of the European Union in International economic fora, prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs. International Financial Reporting Standards define the rules for corporate accounting and are set by a private standard setter: the International Accounting Standards Board (IASB). The EU has no formal role in developing these standards, but de facto endorses them ex post. This raises questions with regard to the overrepresentation of commercial interests in accounting regulation and the need to debate a stronger role not only for civil society actors but also for public entities such as regulators.

Ekstern forfatter

Sebastian BOTZEM

Kommende begivenheder

21-09-2021
EPRS online Book Talk with David Harley: Inside the room - Shaping Europe, 1992-2010
Anden begivenhed -
EPRS
21-09-2021
Putting the 'e' in e-health
Workshop -
STOA
27-09-2021
Turning the tide on cancer: the national parliaments' view on Europe's Cancer Plan
Anden begivenhed -
BECA

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