Hasil untuk "Law of Europe"

Krishna Sharma, Khemraj Bhatt, Indra Giri

This paper examines whether a major U.S. regulatory clarification coincided with cross-border spillovers in crypto-asset entrepreneurial finance. We study the Securities and Exchange Commission's July 2017 DAO Report, which clarified the application of U.S. securities law to many initial coin offerings, and analyze how global issuance activity adjusted across regions. Using a comprehensive global dataset of ICOs from 2014 to 2021, we construct a region-month panel and evaluate issuance dynamics around the announcement. We document a substantial and persistent reallocation of ICO activity toward Europe following the DAO Report. In panel regressions with region and month fixed effects, Europe experiences an average post-2017 increase of approximately 14 additional ICOs per region-month relative to other regions, net of global market cycles. The results are consistent with cross-border regulatory spillovers in highly mobile digital-asset markets.

Henrique Barros, Ponciano Oliveira, Julia Nadine Doetsch

Introduction Health inequalities persist across Europe, highlighting the need for cross-sectoral strategies like Health in All Policies (HiAP). However, approaches to health and social policy vary across countries, implementation is difficult, and further evaluations are needed to assess the impact of policy decisions on health outcomes. This study evaluates the implementation of HiAP in Portugal, focusing on the effectiveness of public health measures, legislative actions, and governance structures to understand how HiAP is operationalized and its impact on public health governance up until October 31, 2024. Methods A scoping review of legal documents and a legal analysis were conducted from January 1, 2019, to October 31, 2024, following the PRISMA-ScR framework. The aim was to assess the integration and impact of the Health in All Policies (HiAP) approach, with a focus on understanding how HiAP is operationalized and its influence on public health governance in Portugal. Results Results reveal many foundational elements for a HiAP approach are already embedded in Portugal’s legal framework. Key laws are Article 64 of the Portuguese Republic Constitution, Article 168 of the Treaty on the Functioning of the European Union (TFEU), and the Health Bases Law. Yet, HiAP implementation has been inconsistent. Its effectiveness is hindered by gaps in policy coherence, political resistance, cultural barriers, and fragmented data-sharing, requiring stronger cross-sector collaboration, transparency, and accountability to fully address health inequalities. Conclusion The implementation of HiAP in Portugal has the potential to improve public health and reduce inequities. Achieving its full impact requires stronger policy coherence, political commitment to health equity, better intersectoral collaboration, and enhanced data integration.

Hao Zeng, Kangdao Liu, Bingyi Jing et al.

Conformal prediction is a popular framework of uncertainty quantification that constructs prediction sets with coverage guarantees. To uphold the exchangeability assumption, many conformal prediction methods necessitate an additional holdout set for parameter tuning. Yet, the impact of violating this principle on coverage remains underexplored, making it ambiguous in practical applications. In this work, we empirically find that the tuning bias - the coverage gap introduced by leveraging the same dataset for tuning and calibration, is negligible for simple parameter tuning in many conformal prediction methods. In particular, we observe the scaling law of the tuning bias: this bias increases with parameter space complexity and decreases with calibration set size. Formally, we establish a theoretical framework to quantify the tuning bias and provide rigorous proof for the scaling law of the tuning bias by deriving its upper bound. In the end, we discuss how to reduce the tuning bias, guided by the theories we developed.

Jukka Ruohonen, Paul Timmers

A new Digital Europe Programme (DEP), a funding instrument for development and innovation, was established in the European Union (EU) in 2021. The paper makes an empirical inquiry into the projects funded through the DEP. According to the results, the projects align well with the DEP's strategic focus on cyber security, artificial intelligence, high-performance computing, innovation hubs, small- and medium-sized enterprises, and education. Most of the projects have received an equal amount of national and EU funding. Although national origins of participating organizations do not explain the amounts of funding granted, there is a rather strong tendency for national organizations to primarily collaborate with other national organizations. Finally, information about the technological domains addressed and the economic sectors involved provides decent explanatory power for statistically explaining the funding amounts granted. With these results and the accompanying discussion, the paper contributes to the timely debate about innovation, technology development, and industrial policy in Europe.

Vinogradov I.S., Mamakhatov T.M.

In recent years, the drug situation in China has generally stabilized, and according to official Chinese statistics, the number of drug addicts is reducing. However, China remains one of the key sources of synthetic drugs and precursors to other countries. The spread of narcotic drugs (synthetic opioids, cannabinoids, methamphetamine and others) threatens all countries. An important factor is that the Chinese government is able to control the large number of pharmaceutical manufacturers in the country , thus making it difficult for new types and modifications of drugs and psychoactive substances to appear on the market. In recent years, the PRC leadership has taken a number of effective steps to combat the uncontrolled production and distribution of illegal drugs, in particular, the state tightens control and regulation of the production of synthetic psychoactive drugs. China has strict laws against drug trafficking, which also serve as an effective deterrent against the distribution and consumption of illicit substances. Due to these measures, the international drug business is forced to move laboratories for the production of synthetic drugs from China to other nearby countries such as Myanmar and India. The situation with the international drug trade in the modern world requires concerted action at the interstate level. The interaction between law enforcement agencies of the SCO (the Shanghai Cooperation Organization) member states is a good example of cooperation in this area. One of the priorities of this organization is the fight against drug crime. At this stage, it is necessary to further deepen cooperation between the law enforcement agencies of the SCO countries to identify established drug trafficking channels, fight against drug trafficking in the dark web and prevent the emergence of analogues to various psychotropic substances prohibited by law.

Alessandro Drigo

The “migration” of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal dilemma that necessitates a nuanced articulation for effective resolution. The main objective of this Article is to provide preliminary insights for contextualizing this legal evolution. Initially, the Article delineates the journey towards social legitimacy of climate science. Subsequently, it examines the impact of this social legitimation on judicial rulings, particularly observing an emerging trend in climate litigation to expand the temporal scope of legal relevance. The Article culminates in an exploration of the possible interplay between the legal significance of future generations and the extension of the law’s temporal horizon. This conjectural postulation is substantiated through select historical precedents.

Joaquín Arias, Mar Moreno-Rebato, José A. Rodríguez-García et al.

Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based on Prolog, and in bottom-up execution models based on ASP the justifications are incomplete and/or not scalable. We propose to use s(CASP), a top-down execution model for predicate ASP, to model vague concepts following a set of patterns. We have implemented a framework, called s(LAW), to model, reason, and justify the applicable legislation and validate it by translating (and benchmarking) a representative use case, the criteria for the admission of students in the "Comunidad de Madrid".

Gábor Kurunczi

One measure of a democratic rule of law is how the state defines the framework for the exercise of representative democracy, and who it grants the right to participate in representative democracy (i.e. who it considers to belong to the people). However, this dual nature of the right to vote raises a number of questions. For example, before the 2018 Hungarian parliamentary elections and during the campaign period, critical voices were heard criticising the system used in Hungarian parliamentary elections (including the institution of winner compensation). By contrast, the fundamental nature of the right to vote, i.e. the subjective aspect, is less often the focus of attention. In this respect, the question rightly arises as to whether the importance of the right to vote as a fundamental right has not been lost. Has the role of different electoral techniques and electoral systems not become a more important issue than the definition and possible extension of the scope of the electorate? Starting from the dual nature of electoral law, the study examines the requirements that can be imposed on electoral systems and the characteristics and challenges of electoral law as a fundamental right.

Robert Lee Poe

Employment selection processes that use automated hiring systems based on machine learning are becoming increasingly commonplace. Meanwhile, concerns about algorithmic direct and indirect discrimination that result from such systems are front-and-center, and the technical solutions provided by the research community often systematically deviate from the principle of equal treatment to combat disparate or adverse impacts on groups based on protected attributes. Those technical solutions are now being used in commercially available automated hiring systems, potentially engaging in real-world discrimination. Algorithmic fairness and algorithmic non-discrimination are not the same. This article examines a conflict between the two: whether such hiring systems are compliant with EU non-discrimination law.

Milivoje M. Kostic

This comprehensive treatise is written for the special occasion of the author's 70th birthday. It presents his lifelong endeavors and reflections with original reasoning and re-interpretations of the most critical and misleading issues in thermodynamics; since now, we have the advantage to look at the historical developments more comprehensively and objectively than the pioneers. Starting from Carnot (grandfather of thermodynamics-to-be) to Kelvin and Clausius (fathers of thermodynamics), and other followers, the most relevant issues are critically examined and put in historical and contemporary perspective. From original reasoning of energy forcing and displacement to logical proofs of the fundamental laws, to ubiquity of thermal motion and heat, and indestructibility of entropy, including the new concept of "thermal roughness" and the inevitability of dissipative irreversibility, to "dissecting Carnot true reversible-equivalency" and critical concept of "Carnot-Clausius heat-work equivalency (CCHWE)" regarding the interchangeability of heat and work, and to demonstrating "no hope" for the "challengers" of the Second Law of thermodynamics, among others, are offered. It is hoped that the novel contributions presented will enhance comprehension and resolve some of the fundamental issues, as well as promote collaboration and future progress.

Bram Vroege

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1575-1601 | Article | (Table of Contents) I. Introduction. - II. Methodology. - II.1. Cause and effect: contextualising the EDF. - III. If you want peace, sell more guns? - IV. From theory to practice: the ineffectiveness of arms export controls in the EU. - V. Don't fuel the fire: the EU's duty to act as a responsible arms financier. - V.1. The EU as a guardian of the international legal order. - V.2. The EU as a consistent legislator. - V.3. The nature of the EU's duty to act as a responsible arms financier. - VI. Designing a more responsible European Defence Fund. - VI.1. Operationalising the EU's duty to act as a responsible arms financier. - VI.2. Analysing the EU's policy toolbox. - VII. Conclusion. | (Abstract) Through the European Defence Fund (EDF) the EU will become involved for the first time in arms development. EDF funding is intended to contribute to the EU's strategic autonomy in defence. But arms developed with EDF funding may also be exported to non-EU States. International and EU norms meant to ensure a humane and responsible arms trade are insufficiently effective, leaving room for Member States to export arms even when there is a serious risk of their use in violations of international humanitarian law (IHL). On the basis of both legal and policy-based arguments, this Article argues that the EU has failed to properly take these IHL concerns into account in the EDF Regulation. The EU's commitments to international law and to consistency require it to refrain from con-tributing to activities prohibited under international and EU law. These commitments oblige the EU to act as a responsible arms financier. This would also be in line with EU soft power efforts to pro-mote export norm adoption and compliance internationally. For such soft power efforts to be effective, the EU must visibly uphold those norms it is trying to promote. By failing to enact measures that could mitigate the risk of illegal exports of EDF-funded arms - such as a ban on financing certain high-risk activities or a financial clawback mechanism in case funding recipients export arms illegally - the EU is violating its commitments to international law and to consistency and jeopardising its reputation as an international norm entrepreneur.

Omarova Aisel , Vlasenko Serhii

Background: The rights of the child have always been a focus of international organisations, including the United Nations. This is evidenced by the fact that in 1979 the UN Commission on Human Rights established a Working Group to draft a convention on the rights of the child, which from 1979 to 1989 worked on establishing a universal treaty for children around the world. Among other articles, members of the Working Group developed provisions on juvenile justice. The result of this hard work was that international standards of juvenile justice were established in Arts. 37 and 40 of the UN Convention on the Rights of the Child. Methods: The historical and legal methods were the main methods of the research, which allowed us to make a comparison of the draft texts of Arts. 37 and 40. This comparison gave us an opportunity to trace the development of thoughts of states parties about the treatment of children in penal matters and punishments for committed crimes. The paper begins by considering the draft texts of Art. 20 (which would become Arts. 37 and 40) of the Convention that were proposed for discussion. We reveal the main discussions and contradictions of the members of the Working Group. The next part describes the reason for dividing the initial article about juvenile justice into two separate parts. The final important comments and suggestions of state parties are also highlighted. Results and Conclusions: The process of adopting these articles was long and difficult, as it turned out that developing universal proposals with which all member states would agree was a complex task. Nowadays, Ukraine is trying to reform its legislation, particularly in the sphere of juvenile justice. That is why some useful recommendations for Ukrainian legislation are proposed in the concluding remarks.

Vlad Perju

Kamran Ali Khan Niazi, Marta Victoria

Agrivoltaics (APV) is the dual use of land by combining agricultural crop production and photovoltaic (PV) systems. In this work, we have analyzed three different APV configurations: static with optimal tilt, vertically-mounted bifacial, and single-axis horizontal tracking. A model is developed to calculate the shadowing losses on the PV panels along with the reduced solar irradiation reaching the area under them for different PV capacity densities. First, we investigate the trade-offs using a location in Denmark as a case study and second, we extrapolate the analysis to the rest of Europe. We find that the vertical and single-axis tracking produce more uniform irradiance on the ground, and a capacity density of around 30 W/m2 is suitable for APV systems. Based on our model and a 100 m-resolution land cover database, we calculate the potential for APV in every NUTS-2 region within the European Union (EU). The potential for APV is enormous as the electricity generated by APV systems could produce 28 times the current electricity demand in Europe. Overall, the potential capacity for APV in Europe is 51 TW, which would result in an electricity yield of 71500 TWh/year.

Ladislav Vojáček

Laudatio

Alexander Engel, Johannes W. Flume

In late 19th-century Europe, stock and commodity exchanges became a more important part of the economy than ever before. Most buying and selling at the exchanges was carried out in the form of futures trading, meaning that possession of shares or goods were no precondition for transactions (as in cash purchases). This greatly facilitated speculation: one could take greater risks with much less capital. At the same time, a lack of specific abilities and knowledge of the complex workings of futures markets could lead to huge personal losses for participants and a destabilisation of the market. Hence it became extensively debated, especially among German jurists and economists, whether the admission to the exchanges and participation in speculation should be constricted to specific (professional) circles, excluding the »unbidden public«. The debates culminated in the exchange reform movement of the 1890s, which led to the German bourse law of 1896. The article discusses these discourses, their context, results, policy implications and (longterm) effects.

Dominik Wolski

The increasing popularity of private antitrust enforcement in the EU is reflected by number of antitrust damages claims in the member states, following the transposition of the Damages Directive. Meanwhile, rapid growth of digitization in every aspect of social and economic life, particularly in business like commerce and services, has taken place. Recently, the above phenomenon was intensified by COVID-19. This paper aims at discussing private antitrust enforcement and antitrust damages claims in the context of digital transformation of the market. To this extent, there are several main characteristics of the market (e.g. multi-sided platforms, the role of third-party sellers, etc.), that have to be taken into consideration in the above discussion.

Leyre Burguera Ameave

Memory brings, sorts and shapes our lives, giving a sense of the immediate present and projecting the future. A report that, following the postulates of Maurice Halbwachs, bets on a collective and not merely individual analysis of the act of remembering, adopting a teleological dimension that evokes in the present, a past event, within the framework of a strategy of Future. It is therefore particularly interesting to analyze how the progressive introduction of the Internet into the daily life of so many users, and the changes in communicative paradigms that it has brought with it, has had and continues to have unintended consequences in the the scope of their privacy but also in the social construction of identity. So far the right to be forgotten has been the only parameter that has tried our Web presence. A right of recent legal construction which covers the possibility that the data of the people will stop being visible on the web, at the request of the same and when they so decide. From Europe it has legislated in this respect (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) but without have an impact on the question of the limits, hence, in this work the focus is on the implications or effects that we may have to, individually, conform and decide on the history, the story and, in short, on our collective identity. If we self-determine our presence in this context based on our own interest and personal experience of the subjective dimension of time, what will we remember? Key-words: collective memory, Internet, forget, Europe, Internet, identity. La memoria reúne, ordena y conforma nuestra vida, dándole sentido al presente más inmediato y proyectándose sobre el futuro. Una memoria que, siguiendo los postulados de Maurice Halbwachs, apuesta por un análisis colectivo y no meramente individual del acto de recordar, adoptando una dimensión teleológica que evoca en el presente, un acontecimiento pasado, en el marco de una estrategia de futuro. De ahí que resulte especialmente interesante analizar cómo la introducción progresiva de Internet en la cotidianidad de tantos usuarios, y los cambios de paradigmas comunicativos que ha traído consigo, ha tenido y sigue teniendo consecuencias no siempre deseadas en el ámbito de su privacidad pero también en la construcción social de la identidad. Hasta ahora el derecho al olvido ha sido el único parámetro que ha enjuiciado nuestra presencia en la red. Un derecho de reciente construcción jurídica que ampara la posibilidad de que los datos de las personas dejen de estar accesibles en la web, por petición de las mismas y cuando estas lo decidan. Desde Europa se ha legislado al respecto (Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo, de 27 de abril de 2016, relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos y por el que se deroga la Directiva 95/46/CE) pero sin incidir en la cuestión de los límites, de ahí que en este trabajo se ponga el foco de atención en las implicaciones o efectos que puede llegar a tener que, de forma individual, conformemos y decidamos sobre la historia, el relato y, en definitiva, sobre nuestra identidad colectiva. Si autodeterminamos nuestra presencia en este contexto en base a nuestro propio interés y la experiencia personal de la dimensión subjetiva del tiempo, ¿qué recordaremos? Palabras clave: memoria colectiva, olvido, Europa, internet e identidad.

Areti Kotsi, Evangelos Mitsakis, Dimitris Tzanis

Cooperative Intelligent Transportation Systems (C-ITS) are technologies that enable vehicles to communicate with each other and with the road infrastructure. These innovative technologies enable road users and traffic managers to share useful information, assisting the coordination of their actions. During the last years various initiatives providing policy rules for C-ITS deployment and a large number of projects demonstrating C-ITS implementation have taken place in Europe and USA. However, the identification of the status of C-ITS deployment remains ambiguous at binational level. The purpose of this paper is to provide an overview of the European and US milestones, that have been reached so far in the field of C-ITS, by identifying and reporting the policy framework, as well as the projects concerning C-ITS deployment in Europe and USA.

Emmanouil Koulas, Marios Anthopoulos, Sotiria Grammenou et al.

The rise of the internet and computational power in recent years allowed for the exponential growth of misinformation phenomena. An issue that was a non-issue a decade ago, became a challenge for societal cohesion. The emergence of this new threat has led many stakeholders, especially in Europe, to act in order to tackle this phenomenon. This paper provides in its first part a literature review on misinformation in Europe, and in its second part a webometrics analysis on the identified key stakeholders. In the results we discuss who those stakeholders are, what actions do they perform to limit misinformation and whether those actions have an impact.