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The assignment of a claim refers to a situation where a creditor (the assignor) transfers the right to claim a debt from the debtor to another person (the assignee) who then becomes a creditor vis-a-vis the debtor (replacing in this role the original creditor). This mechanism is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The ...

The proposal on political advertising aims to require online platforms to also provide information about the political affiliation and on the funding of the ads. Binding EU harmonised rules on political advertising will help companies, especially the SMEs, to enter the internal market of cross-border advertising services, as well as promote transparency of political ads.

During the February 2022 plenary session, Parliament is due to vote on a legislative-initiative report calling on the Commission to put forward a directive on common measures for non-profit organisations (NPOs) and also a regulation establishing a statute for European cross-border associations and non-profit organisations. The proposal recognises that while NPOs are an integral part of the EU economy, they face multiple legal and administrative challenges when attempting to operate across borders ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, aims to provide an overview of cross-border enforcement of intellectual property rights in the EU with a particular emphasis on copyright and related rights in the online environment. The study provides a detailed analysis of the current situation of cross-border IPR enforcement and formulates various policy recommendations to improve current ...

Despite the extent of gender-based violence and the harm it causes, the European Union (EU) does not currently have a specific legal instrument to address it. An own-initiative legislative report setting out proposals for strengthening the EU’s response by identifying gender-based violence at EU level as an area of serious crime is expected to be put to the vote during the plenary session in September.

Digital Services Act

Briefing 30-03-2021

The IA underpinning the proposal for a Digital services act contains a lot of valuable information and is based on solid sources and broad consultations. However, the analysis could have been more coherent in its problem definition and more specific regarding the practical implementation of the assessed three broad option packages in addition to the status quo. It could have been also more transparent, precise and complete regarding the data and methods used for the analysis, and regarding the quantitative ...

Faced with a persistent international terrorist threat, the European Union (EU) is playing an ever more ambitious role in counter-terrorism. Even though primary responsibility for combating crime and ensuring security lies with the Member States, the EU provides cooperation, coordination and (to some extent) harmonisation tools, as well as financial support, to address this borderless phenomenon. Moreover, the assumption that there is a connection between development and stability, as well as between ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

WTO e-commerce negotiations

Lühitutvustus 05-10-2020

While e-commerce represents an increasing portion of the economy, international regulation of e-commerce is lagging behind. In 2017, the WTO Ministerial Conference issued a Joint Statement Initiative signalling the intention to launch plurilateral e-commerce talks. In January 2019, in the margins of the World Economic Forum in Davos, 76 of 164 WTO members, among them the EU, Australia, China, Japan, and the USA launched e commerce negotiations. Members seek a high-standard outcome building on WTO ...

The digitalisation of the economy and society poses new tax policy challenges. One of the main questions is how to correctly capture value and tax businesses characterised by a reliance on intangible assets, no or insignificant physical presence in the tax jurisdictions where commercial activities are carried out (scale without mass), and a considerable user role in value creation. Current tax rules are struggling to cope with the emerging realities of these new economic models. The European Union ...