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The Insurance Distribution Directive might be dysfunctional in substantial areas of the insurance value chain, ranging from product development to after-sale services. Practical examples are fundamental conflicts with Solvency II, confusion of distribution and claims management, disproportionate complexity for B2B, one-size-fits-all for insurance and investment products, barriers to existing customers,...
Résumé Dans l’arrêt Alemo-Herron e.a., la Cour a interprété l’article 3 de la directive 2001/23, lu conjointement avec son article 8 et dans le respect de l’article 16 de la Charte des droits fondamentaux de l’ Union européenne. Elle a dit pour droit qu’il doit être interprété comme s’opposant à ce qu’un État membre prévoie, dans le cadre d’un transfert d’entreprise, que les clauses de renvoi dynamique...
While the EU is in the process of comprehensively reforming its data protection legal framework, another legislative proposal intends to address certain aspects of the digital economy, with a potential legal shift from the balance reached by the General Data Protection Regulation: the Proposal for a Digital Content Directive. This proposal introduces a heavily debated idea: the possibility to pay...
Human rights and environmental protection are closely connected issues. On the one hand, human rights are vulnerable to environmental degradation; on the other, the exercise of human rights supports better environmental policymaking.The European Court of Human Rights has dealt with some cases concerning alleged infringement of the right to freedom of expression in connection with environmental issues...
This article examines the Commission’s proposal to strengthen the protection of the Rule of law in EU Member States through a new mechanism making EU funding conditional on a certain level of respect for the Rule of law. This mechanism proposed as part of the new MFF package is presented rather technically as a tool ‘to protect the EU budget from financial risks linked to generalised deficiencies...
In early 2018, the tortuous process towards the establishment of a framework for collective redress at the EU level reached new milestones. In January, the European Commission published its long-awaited report assessing the practical implementation of the 2013 Recommendation. As many had predicted, the Recommendation has failed to secure a consistent and coherent framework for collective redress in...
Résumé La numérisation de l’économie globale génère des défis d’une ampleur inédite pour les administrations fiscales, défis consistant à s’assurer de l’encaissement de l’impôt dû, et ce au bon moment et au bon endroit. Il est évident que les défis vont continuer à croître vu le nombre de nouveaux ‘business models’ qui voient le jour toutes les semaines.Cet article passe en revue un certain nombre...
The article examines the notable judgments of the Court of Justice of the European Union in the field of public procurement law delivered in 2016 and 2017. The judgments discussed address issues such as the concept of ‘public contract’, the scope of application of the Public Procurement Directives, exclusion, economic and financial standing, review procedures and non-contractual liability of the European...
This article explores the modes of application of red flags in public procurement by comparing widely known red flag tools that have been developed by international organisations. The main items of interest are the tools designed and used by TI, the World Bank, the OECD, and others supported by the European Commission. The objective of the research is to call attention to the fact that in the course...
The cost-sharing exemption applied in the field of VAT is losing its relevance rapidly as it is becoming clear that it cannot be applied in many sectors of the economy after all.
The new Package Travel Directive aims to keep up with the considerable changes in the travel market, in particular by including in its scope the new ways by which it is nowadays possible to book interlinked travel services. This article analyses the changes of concepts and definitions underlying the Directive and portrays their consequences, especially for the financial protection of consumers.
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