6

result(s)

Word(s)
Publication type
Policy area
Author
Keyword
Date

Contracts for supply of digital content to consumers

25-04-2016

On 9 December 2015, the Commission tabled a proposal for a directive on contracts for supply of digital content to consumers. The proposal would cover, with a single set of rules, contracts for the sale of digital content (e.g. when consumers buy music, films, e-books or applications), for rental of digital content (e.g. when consumers watch a movie online, but do not download a copy), as well as contracts for digital services, such as cloud computing and social media. The proposal envisages a maximum ...

On 9 December 2015, the Commission tabled a proposal for a directive on contracts for supply of digital content to consumers. The proposal would cover, with a single set of rules, contracts for the sale of digital content (e.g. when consumers buy music, films, e-books or applications), for rental of digital content (e.g. when consumers watch a movie online, but do not download a copy), as well as contracts for digital services, such as cloud computing and social media. The proposal envisages a maximum level of harmonisation, meaning that it will be prohibited for Member States to enact or retain more consumer-friendly rules within the directive's scope. Currently, only the UK has enacted rules designed specifically for contracts for supply of digital content. A similar legislative bill was recently discussed in Ireland. Other Member States, such as Germany and the Netherlands, have extended the scope of existing contract rules, especially on consumer sales, to include sale of digital content. Yet in other Member States, such as Poland, there are no explicit rules on supply of digital content, which leads to legal uncertainty and practical difficulties regarding the rights and remedies available to consumers in case of non-conformity.

Strengthening the presumption of innocence in the EU

11-01-2016

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Despite the presumption of innocence being guaranteed by international, EU and national laws, there are reports of repeated violations of this principle by EU Member States. The Commission seeks to address this problem with a proposal scheduled to be voted in plenary in January 2016.

Strengthening EU measures to fight customs fraud

02-09-2015

The European Commission proposed in 2013 to amend existing legislation in order to better combat breaches of EU customs legislation. The EP and Council negotiators amended the proposal to clarify and streamline its provisions, and this new text has now to be adopted by Parliament.

The European Commission proposed in 2013 to amend existing legislation in order to better combat breaches of EU customs legislation. The EP and Council negotiators amended the proposal to clarify and streamline its provisions, and this new text has now to be adopted by Parliament.

The European Investigation Order

20-02-2014

The proposed directive on the European Investigation Order is aimed at setting up a comprehensive system for obtaining evidence in criminal cases with a cross-border dimension. Whereas this mutual recognition instrument is supposed to facilitate much greater cooperation across the EU, it also raises concerns over the protection of fundamental rights.

The proposed directive on the European Investigation Order is aimed at setting up a comprehensive system for obtaining evidence in criminal cases with a cross-border dimension. Whereas this mutual recognition instrument is supposed to facilitate much greater cooperation across the EU, it also raises concerns over the protection of fundamental rights.

Actions for Antitrust Damages: Initial Appraisal of a European Commission Impact Assessment

15-11-2013

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Directive on Actions for Antitrust Damages, submitted on 11 June 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Directive on Actions for Antitrust Damages, submitted on 11 June 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee(s) and Members more widely in their work.

Criminal-Law Protection of the Financial Interests of the Community and the Establishment of a European Prosecutor - Analysis of the European Commission's Green Paper

01-05-2003

This study provides a rapid analysis of the main issues raised in the European Commission's Green Paper on Penal Protection of the EU's Financial Interests and on the Creation of a European Public Prosecutor. It examines the Commission's ideas on the Structure and Organisation of the Prosecutor's Office and the Legal Questions associated with these. Specific issues raised are the Question of the Transfer and Admissibility of evidence, the Protection of the Rights of the accused and the Relationship ...

This study provides a rapid analysis of the main issues raised in the European Commission's Green Paper on Penal Protection of the EU's Financial Interests and on the Creation of a European Public Prosecutor. It examines the Commission's ideas on the Structure and Organisation of the Prosecutor's Office and the Legal Questions associated with these. Specific issues raised are the Question of the Transfer and Admissibility of evidence, the Protection of the Rights of the accused and the Relationship of the Prosecutor with the European Community's Anti-Fraud Office (OLAF).

External author

Max-Planck-Institut für ausländisches und internationales Strafrecht, Freiburg/BR.

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