Study of Fundamental Rights Limitations for Online Enforcement through Self-Regulation

The use of self-regulatory or privatized enforcement measures in the online environment can give rise to various legal issues that affect the fundamental rights of internet users. First, privatized enforcement by internet services, without state involvement, can interfere with the effective exercise of fundamental rights by internet users. Such interference may, on occasion, be disproportionate, but there are legal complexities involved in determining the precise circumstances in which this is the case. This is because, for instance, the private entities can themselves claim protection under the fundamental rights framework (e.g. the protection of property and the freedom to conduct business). Second, the role of public authorities in the development of self-regulation in view of certain public policy objectives can become problematic, but has to be carefully assessed. The fundamental rights framework puts limitations on government regulation that interferes with fundamental rights. Essentially, such limitations involve the (negative) obligation for States not to interfere with fundamental rights. Interferences have to be prescribed by law, pursue a legitimate aim and be necessary in a democratic society. At the same time, however, States are also under the (positive) obligation to take active measures in order to ensure the effective exercise of fundamental rights. In other words, States must do more than simply refrain from interference. These positive obligations are of specific interest in the context of private ordering impact on fundamental rights, but tend to be abstract and hard to operationalize in specific legal constellations. This study’s central research question is: What legal limitations follow from the fundamental rights framework for self-regulation and privatized enforcement online? It examines the circumstances in which State responsibility can be engaged as a result of selfregulation or privatized enforcement online. Part I of the study provides an overview and analysis of the relevant elements in the European and international fundamental rights framework that place limitations on privatized enforcement. Part II gives an assessment of specific instances of self-regulation or other instances of privatized enforcement in light of these elements

Improving Labor Inspections Systems: Design Options

[Excerpt] The following paper identifies experimental designs for the evaluation of labor inspection systems in Latin America. It includes six principal sections. Section 1 discusses the main differences between the “Latin model” (Piore and Schrank 2008) of labor inspection and the more familiar approach adopted by enforcement agencies like OSHA and the Wage and Hour Division in the US. Section 2 discusses theories of regulatory noncompliance and develops a logic model that links enforcement strategies to compliance outcomes in the region. Section 3 discusses some of the strategies that are available to Latin American labor inspectors and sets the stage for a discussion of their assignment to experimental subjects. Section 4 identifies five possible subjects of experimentation (e.g., inspectors, firms, jurisdictions) and discusses their respective receptivity to both random assignment and counterfactual analysis (e.g., data needs, estimation procedures, etc.). Section 5 addresses practical considerations involved in the design and conduct of experiments on inspection systems—including their utility, ethics, and viability—and introduces a checklist designed to facilitate their assessment. And Section 6 describes three potential experiments—labeled “professionals v. partisans,” “risk-based targeting v. randomized inspection,” and “carrots v. sticks” respectively—and discusses their principal goals and limitations in light of the checklist

Mare Geneticum : Balancing Governance of Marine Genetic Resources in International Waters

Peer reviewedPublisher PD

SOME CONSIDERATIONS FOR IMPROVEMENT ROMANIAN TAXATION

The two terms, improvement and modernization are increasingly used to analyze tax issues, because the trend is towards ensuring optimal in terms of taxation and tax settlement to the criteria of normality, so that it becomes a key component of economic and social life of any nation. Through this article, we try to address some aspects to be taken into account when it comes to improving a tax system or tax activity, especially for the situation in Romania.improvement, optimal taxation, efficiency, fiscal management, fiscal rules

The relevance of time in framing the sanctions framework for defective disclosure

Sanctions imposed on listed companies in cases of breached disclosure obligations have steadily but rather slowly been moving towards a harmonized approach in EU corporate law. Without compromising the potential efficiency of these harmonisation measures, this article aims to propose an alternative method to increase the efficiency of sanctions. By focusing on the importance of time as an element that influences corporate decisions in relation to the breach of disclosure obligations, this article seeks to re-frame the importance of sanctions and to link their severity to the element of time that is potentially instrumentalised by listed companies. This study argues that by linking sanctions and time, the legal framework would be likely to apply more severe sanctions, while adopting differentiated sanctions depending on which disclosure obligations are breached. This new approach aims to trigger a de facto harmonisation trend amongst regulators and judges at the national and EU levels

Application of “piercing the corporate veil” doctrine in the Ukrainian law

Purpose: In the article, authors develop a structure of applying the gaps of corporate law and the possibility of restricting all possible structures of the legal field in Ukraine. The functioning of corporate law is always exercised according to the principle of the company’s greatest possible involvement in the employee’s everyday life. There is always differentiation emerging, which determines to what extent the existence of corporate spirit and ethics are needed within the society. Design/Methodology/Approach: The method of comparative law was used as the subject of the study, which enabled us to compare the customary rules of law with specific corporate law rules. Additionally, it is appropriate to apply the historical method, which fully reflects that the article elaborates the historical aspect of the development of the studied phenomenon as well as the formation of the holistic component. Findings: The article implements the aspects of managing the legal regulation of corporate law on the basis of modernizing separate provisions of the legal area of a social environment. Practical Implications: The perspectives of applying the corporate law provisions in the state’s economic development can be defined as the conclusions of the study. Originality/Value: The authors clearly demonstrate the obligation to implement the provision that stipulates that the corporate law, in case its principles are violated, has still to be oriented at understanding the specificity of its application in commercial institutions.peer-reviewe