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At the beginning of this year, the White Paper An Agenda for Adequate, Safe, and Sustainable Pensions1 (hereinafter: White Paper) was published. This happened about one and a half years after the Green Paper Towards Adequate, Sustainable, and Safe European Pension Systems2(hereinafter: Green Paper) was published. The reactions to both documents vary from 'a very important document' to 'a missed chance' and 'a lot of emotion and little substance'. We regard both these documents as important and guiding for the pension systems in the European Union (hereinafter: EU). They demonstrate the role that Brussels envisages for itself and it offers considerable support for Member States to carry out reforms. The White Paper offers a rough sketch, so to speak, for the pension systems of the EU. [ABSTRACT FROM AUTHOR]

The article discusses how both the White Paper and the Rome Declaration speak of the European Union's (EU) efforts to maintain unity among it's member nations. The author suggests that the EU should not emphasize too much on unity, instead it should focus on overcoming the different interests of the parties. However, for this process to work the EU should take lessons from other unions like the U.S. and use anchors like executive effectiveness and its legitimacy as well as symbolism.

The article examines the White Paper on Modernization of Rules Implementing Articles 85 and 86 of the European Community (EC) Treaty of May 1999, which proposes the reorganization of existing responsibilities between the European Commission, national anti-trust authorities and national courts involved in implementing anti-trust policies. It also suggests reform to combat restrictions of competitions, as well as maintaining consistency in competition policy throughout the Community. A preferred option considered by the EC is through a legislative solution.

Notwithstanding criticisms, behavioural economics has found a place in competition policy discussions. This paper explores how contributions from the field of management studies may strengthen behavioural theories of the firm and competition law. Various linkages may be drawn between management studies and the behavioural theory of the firm, which can inform existing debates within behavioural antitrust. Both disciplines relate a firm's internal processes to its competitive position in the market. Further, both disciplines emphasize the cognitive limitations of managers and the effect of organizational structures on firm behaviour. The empirical findings of management studies supplement behavioural theories of the firm. This paper examines the insights from management studies and behavioural theories of the firm with the objective of determining whether these insights can lead to a better understanding of firm behaviour, which in turn may be able to inform the normative debate in competition law. [ABSTRACT FROM AUTHOR]

Despite the frequent insistence in EU policies on corporate social responsibility (CSR) being voluntary, this paper argues that under EU consumer law CSR can be interpreted as legally binding. CSR is a strategic form of market communication as well as an inherent aspect of the market behaviour of companies. Since EU consumer law regulates the market communication and the market behaviour of traders, this area of law can be used to interpret CSR as a legally binding obligation, resulting in remedies available to consumers. This paper uses the Unfair Commercial Practices Directive (UCPD) to show how the ECJ could, in a suitable case, consider the breach of a CSR policy either as a form of misleading market communication or as unfair trading behaviour. This interpretation would allow for the additional regulation of CSR by the UCTD, which overlaps with the UCPD in terms of scope, interpretation and remedies. Once CSR is subject to EU market regulation laws, it can result additionally in contract regulation through EU consumer sales law. [ABSTRACT FROM AUTHOR]

Hawk and Huser, who started the legal debate on EU competition law relating to minority shareholdings, compared the evolving legal situation in the 1990s to shifting sands. More than two decades after their demand for a clearer approach, the situation has not substantially changed. The legal framework emerging from the recent Commission White Paper, entitled 'Towards a More Effective Merger Control', looks to be struggling in the midst of two kinds of shifting sands, that is, on the one hand, those pertaining to the uncertainty of current EU competition law on this matter and, on the other hand, those represented by evolving European corporate law and practice, among which are the increasing introduction of stronger minority shareholder rights, the diffusion of new forms of equity ownership, for instance the so-called morphable ownership, and the emergence of hybrid finance, especially in the banking sector. Such uncertainties at the corporate law level may suggest the opportunity to improve the proposed reform framework, redesigning thresholds, including the assessment of the anticompetitive effects of debt and hybrid financial instruments and eventually the decentralization of part or all of the application of the new rules at a national level. [ABSTRACT FROM AUTHOR]

The article presents an editorial where the author discusses the economic implications of the elections in various countries in the European Union and also on the economic development in the U.S. and the European Union and the failure of globalization and the reasons for the failure and the migration policies.

Double tax conventions on income and capital (DTC) build bridges between the economies of the contracting States. This paper discusses the position of DTCs in the EU based on two questions: (1) What was, is, will be, should have been, and should be the role of DTCs in the EU? (2) How did affect, does affect, will affect, should have affected, and should affect EU law DTCs? To answer these questions, the paper will look back, at the state of the art, and to the future. After setting a benchmark, it will discuss the past, starting with Art. 220 EEC Treaty (repealed in 2009), the Neumark Report (1962), the preliminary draft EC Multilateral Tax Convention on Income and Capital (1968), the Ruding Report (1992) and the European Commission's initiative on EC law and tax treaties (2005). The current position will primarily be discussed based on a number of issues addressed by the CJEU. The future will be discussed based on the recent Commission's communication on double taxation and the internal market and the instrument of a redeveloped EU Model Tax Convention. After fifty years of talk after the Neumark Report, it is now time for real and accurate actions within the EU in respect of DTCs. The paper ends with a call to the Commission and the Council to take the lead. [ABSTRACT FROM AUTHOR]

This paper critically examines the European Commission's commitment to employing a more "effects-based" approach to enforcing Article 101 TFEU. It finds that, while the Commission has developed an impressive theoretical framework for assessing the effects of agreements on competition, there has in fact been very little effects analysis in its decisional practice since 2005. In the overwhelming majority of cases, the anticompetitive effects of prohibited agreements have instead been presumed on the basis of the "object rule". This paper explores possible reasons for this development, and examines whether alternative forms of enforcement are addressing the void that the focus on object restrictions has left. It concludes that Article 101 is currently not being enforced effectively against restrictions of competition by effect. [ABSTRACT FROM AUTHOR]

Personal data is a valuable commodity in the digital economy, and companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy. This paper maps the relationship between these legal frameworks. It identifies the commonalities that facilitate their intersection, whilst acknowledging their distinct methods and aims. It argues that when the material scope of these legal frameworks overlap, competition law can incorporate data protection law as a normative yardstick when assessing non-price competition; data protection can thus act as an internal constraint on competition law. In addition, it advocates that following the Lisbon Treaty, data protection and other fundamental rights also exercise an external constraint on competition law and, in certain circumstances, can prevent or shape its application. As national and supranational regulators grapple with the challenge of facilitating a dynamic information economy that respects fundamental rights, recognition of these constraints would pave the way for a more coherent EU law approach to the digital society. [ABSTRACT FROM AUTHOR]

In February 2012, the European Commission published the White Paper: An Agenda for Adequate, Safe and Sustainable Pensions (hereinafter 'White Paper').1 An ageing population presents a major challenge to pension systems in all Member States. The current financial and economic crisis is aggravating these prospects. The European Commission wants to develop and implement comprehensive strategies to adapt pension systems to changing economic and demographic circumstances. The most important topics set out by the Commission's agenda for making pensions adequate and sustainable in the long term are going to be examined in this article from a German point of view. In particular, the suggestions on developing complementary private retirement savings by providing tax and other financial incentives, the intended revival of the Portability Directive proposal and the modernization of the supervision of Institutions for Occupational Retirement Provision (IORP)2 will be discussed.3 [ABSTRACT FROM AUTHOR]

1 January 2016, the Single Resolution Mechanism as the second pillar of the EU's Banking Union became fully operational. At the same moment, bail-in, i.e. the statutory power of resolution authorities to cancel shares and to write down or to convert liabilities of a bank which is failing or likely to fail, became mandatory in the EU. This paper sets out the newly created regulatory framework on the recovery and resolution of banks in the EU, focusing on the main features of the EU's rules on bail-in in the Banking Union. It examines the legal and economic impact of bail-in in general and highlights the various challenges for the application of bail-in. Finally, this paper assesses whether bail-in can attain the goals which it is meant to achieve and what it will take to make it effective. [ABSTRACT FROM AUTHOR]

This special edition contains a selection of papers presented at the conference Labour Standards and Sustainable Development: Unpicking the EU's Approach. As the organizers of the conference and guest editors of this special issue, we are grateful to many, including: for their generous financial support, the Society of Legal Scholars, UACES, the University of Bristol, School of Law and the University of Stirling, School of Law; the speakers and attendees at the conference in October 2014; and Professor Mia Rönnmar, editor of the Journal, for the opportunity to publish the following papers. Below we briefly set out our motivation for holding this conference as well as the principles which guided its organization. Finally we summarize the articles contained in this special issue and conclude with our thoughts on possible directions for future research. [ABSTRACT FROM AUTHOR]

This article considers the treatment of non-controlling shareholdings in EU competition law, which has received increased attention following the Ryainair/Aer Lingus case. The Commission perceived this case to illustrate the existence of an enforcement gap and put forward possible solutions in its recent White Paper. Irrespective of whether there is actually a loophole as pronounced, these solutions generally focus on the future inclusion of non-controlling shareholdings in the Merger Regulation. However, they are possibly inconsistent with the rules of EU competition law governing other operations, especially joint ventures. Therefore, such a reform may lead to some inconsistencies and uncertainties and thereby further complicate the current situation in the EU, instead of improving it. This article thus argues that under the current framework of EU competition law, more active use of the current competition tools, particularly Article 101 TFEU, is a better way to solve the under-enforcement problem regarding non-controlling shareholdings. [ABSTRACT FROM AUTHOR]

It is accepted that the treatment of fidelity rebates is one of the most controversial topics in European Union competition law. It remains an outstanding issue despite the clear position of the Court of Justice in both the Intel and Post Danmark II judgments to depart from the strict form-based approach and to endorse an approach based on an evaluation of the possible anticompetitive effects of fidelity rebates. In particular, it remains unclear whether a price-cost test should be deployed. The conditions when a price-cost test should be applied to fidelity rebates as opposed to alternative approaches is a central issue in recent US case law of fidelity rebates and associated scholarly debate. This article examines the academic debate in US and compares the treatment of fidelity rebates on both sides of the Atlantic in an attempt to clarify under which circumstances a price-cost test should be used as a tool to determine anticompetitive effects of fidelity rebates and how this clarification can be translated into concrete lessons for European case-law. It reveals that the economic theory of raising rival's cost explains that the assessment of a strategy to exclude an as efficient competitor does not require a price-cost test. [ABSTRACT FROM AUTHOR]

The author comments on the agreement that has been reached at the European Union (EU) institutional level on the Directive on damages actions for breaches of EU and national competition law. Topics covered include the two important goals the Directive pursues, the three main tasks of the competition rules and the state of private enforcement of competition law in Europe. Also discussed are the judicial and legislative developments that have influenced the Commission proposal for a Directive.

The paper gives an overview of the increased litigation leading to innovative case law of the ECJ concerning the scope and effects of the Unfair Contract Terms Directive (Directive 93/13/EEC) on consumer contracts, in particular financial services and services in the general economic interest. The originally limited impact of the Directive on Member State contract law and procedure has been substantially extended -- as a metaphor, one may even say that a "Sleeping Beauty has been kissed awake" by the Court! The authors follow the recent case law both in its legal and economic consequences on consumer protection in the EU internal market. The paper ends with an outlook on the state of "Social Contract Law in the EU" -- hoping to provoke a broader discussion on the concept and limits of a "Europeanization" of contract law already under way. [ABSTRACT FROM AUTHOR]

The fact that an integrated dominant firm deals on more favourable conditions with its affiliated divisions may be abusive within the meaning of Article 102 TFEU. It is not clear when and why this is the case. It has sometimes been suggested that, as a rule, dominant firms are not entitled to favour their own activities over those of rivals. This piece shows that there is no such thing as a non-discrimination rule applying across the board, which, if anything, would run counter to the logic and purpose of competition law. A case-by-case assessment is thus justified. There are compelling reasons to expand to exclusionary discrimination the principles set out in the Guidance Paper 2008 for the assessment of refusals to deal and "margin squeeze" abuses. [ABSTRACT FROM AUTHOR]

The Common Consolidated Corporate Tax Base (CCCTB) architecture seems to address the major tax design issues relating to foreign business profits in the EU which result from the intrinsic limitations of domestic tax consolidation systems but would intervene in a scenario in which Member States retain prerogatives in developing their own policies in respect to cross-border profits and losses of affiliated companies. The purpose of this article is to shed light on those policies and on the major tax design issues relating to foreign business profits in the EU in light of the case law of the European Court of Justice (ECJ) and of the potential adoption of the CCCTB Directive. The paper first addresses the tax treatment of foreign branches both in the case in which foreign profits are taxable and in the case in which are exempt in the residence-country (section 2) and then discusses the issues related to the tax consolidation of foreign controlled companies (section 3), with additional remarks about the tax design issues faced by host countries whose tax base can be eroded through certain tax planning strategies by resident companies that are controlled by foreign entities (section 4). The paper concludes by describing the common core of rules already existing at EU level and how this rules are conveyed in the CCCTB model which might be approved through enhanced cooperation (section 5) and finally draws a few conclusions of the feasibility of a residence-based consolidation area in the EU (section 6). [ABSTRACT FROM AUTHOR]

The article presents the main recommendations in the opinion of the European Economic and Social Committee (EESC) on the Green Paper "Towards adequate, sustainable and safe European pension systems." There should be a reconsideration on the proposals in the Green Paper in terms of the context of the social market economy. The Commission is compelled to encourage the Member States to reform national pension schemes. Pensions are not a reward but a form of deferred wage as reaffirmed by the EESC.

In 2016, the European Commission presented a legislative package: "Clean Energy for all Europeans with the proposal for a new Directive on common rules for the internal market in electricity (recast) as its part. The package is aimed at setting consumers as the "active and central players on the energy markets of the future". This issue is subjected to the analysis in this paper, which is intended to discuss its collective approach, i.e. the generation of electricity in energy communities. The research covers the analysis of previous European policy documents and programmes, repealed and to be amended legislation that indirectly addresses (or could address) the issue of energy communities, as well as the legislation that will regulate (or may regulate) it directly (i.e. the new Directive on common rules for the internal market in electricity). Seen in this light, the paper is aimed at proving that the idea for cooperation of energy consumers and local production of electricity from renewable energy sources, is deeply rooted in the European agenda for the internal energy market. [ABSTRACT FROM AUTHOR]

This paper analyses the European Citizens Initiative, consultation, and transparency in the context of the Transatlantic Trade and Investment Partnership (TTIP) negotiations, to assess what it tells us about EU citizen participation and the principle of openness. It focuses on the institutional mediation of citizen participation and the degree to which the Commission facilitates such participation and accepts citizen influence over policy-making in EU external affairs. Three categories of openness are used in the analysis: institutional transparency with little or no participation; a democratically weak institutional approach as a means to improve the effectiveness of governance and support existing policy; and thirdly an institutional acceptance of effective citizen participation that facilitates citizen influence over agenda-setting. It is argued that the Commission has made some progress during TTIP in terms of transparency, but that the Commission does not take a strongly democratic position on citizen participation in external affairs. It only engages with citizens as passive actors who can support the effectiveness of EU governance. [ABSTRACT FROM AUTHOR]

In modern markets, many companies offer so-called “free” services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on “data consumer law”. [ABSTRACT FROM AUTHOR]

A topic of discourse for over half a century, the Societas Europaea (the European Company)1 has much to offer. Notwithstanding its merits, this supranational corporate form has attracted much criticism. One of the major issues that has emerged on a recurrent basis is the question of the functional worth of this structure. In this context a discourse has ensued about its advantages and disadvantages from the perspective of its intended end-user. This paper will discuss the pro-business aspects of this entity (Part 2) before giving due consideration to its structural and functional deficits (Part 3), ending with suggestions for reform (Part 4). [ABSTRACT FROM AUTHOR]

As in the European Union the activities of public sector bodies are not subject to full taxation, the Value Added Tax (VAT) regime may cause distortions in their decision-making, in particular with respect to the choice between self-supply and contracting out of services to the private sector. Several European countries have addressed this distortion via a budgetary solution. In the Netherlands, such a refund scheme was introduced in 2003. This article provides an integral analysis of this scheme based on a broad range of evaluations. As this study shows, VAT only plays a minor role in considering whether to outsource and the introduction did not cause a significant increase in contracting out. Motives other than the budgetary effects might be more relevant. Besides, contracting out was already a trend, regardless of the costs of VAT. The introduction had a number of negative side effects, such as the administrative burden and the budgetary effects, leading to a rather negative opinion of the participating public sector bodies. Therefore, an introduction of compensation schemes in other Member States or a change in EU-VAT law as discussed in a recent Green Paper of the European Commission should be assessed thoroughly, to decide whether the remedy is worse than the disease. [ABSTRACT FROM AUTHOR]

The Neumark Report was the point of departure of one of the most exciting fiscal experience: the worldwide expansion of VAT as the turnover tax. Despite having initiated this process, laid down and implemented the principles of VAT, the EU has failed to substantially improve and adapt its own model to a true single market in modern economies. The consequence is a large number of difficulties with this VAT system, huge compliance costs and a degree of dissatisfaction. This paper is reviewing these situations. Moreover, the transitional VAT regime for intra-EU transactions with its weaknesses has lasted for too long, and it is now unable to cope up with the development of fraud. Reforming is always more difficult than to start from scratch; nevertheless, there are a number of ideas and experiences, including where VAT was introduced more recently in the rest of the world, which offer interesting solutions for a modern VAT system. Suggestions are made that conform to the fundamental principles of VAT and provide notably the degree of neutrality and efficiency that contributed to make VAT such a success. It is time to return to these fundamentals and the objective of a better coordination of economic and notably tax policies may offer the right occasion. [ABSTRACT FROM AUTHOR]

Lobbying in the EU is difficult to measure. It varies in intensity and modes of expression across different policy areas and EU countries. By looking at a specific EU policy area, this paper suggests to measure differences in the lobbying activity across EU countries by the combination of petitioning firms and Council voting in the case of anti-dumping (AD) policy. If the political position of countries in anti-dumping cases is influenced by domestic lobbying efforts, we expect that the empirical pattern of country distribution of petitioning firms in EU anti-dumping cases corresponds closely to the empirical pattern of EU country distribution in Council voting. Our results show a low petitioning intensity for anti-dumping investigations and a high voting intensity against anti-dumping measures in Northern Europe. Thus, it seems likely that domestic lobbying efforts have influenced the political position of countries in the special case of EU anti-dumping policy. [ABSTRACT FROM AUTHOR]

The main aim of this paper has been to analyse the tax burden exerted by Corporate Income Tax (CIT) on European Union (EU) companies using the effective tax rate (ETR) as a tool for analysis. For this purpose, a sample of listed companies in the EU was extracted from the Datastream/Worldscope database for the period 1995-2005. This analysis allowed us to determine the tax burden experienced by companies. The results have showed significant differences between the different EU countries as well as between statutory tax rates (STR) and ETRs. Likewise it has been proved that general reductions in STR do not have the expected effect on the tax burden. These results are especially relevant in the present environment, which is characterized by the discussion regarding harmonizing measures for CIT, which will limit its impact on business decisions regarding locating within the EU. [ABSTRACT FROM AUTHOR]

The article presents information on the issues discussed including European Communities and European Union Citizenship and Commercial policy and Company law and Competition law and industrial policy and Fundamental rights and Relationship between national and Union law and list of abbreviations and the research papers in the periodical.

A recurrent topic of debate concerns the effects of transfer pricing adjustments for direct tax purposes on the taxable amount for VAT. This topic is currently gaining attention, which is underlined by the recently published VAT Committee working paper on the possible VAT effects of transfer pricing adjustments. Focussing on so-called 'year-end transfer pricing adjustments', the authors discuss various fundamental questions concerning the VAT implications of such adjustments. Do year-end adjustments lead to retroactive adjustments to the taxable amounts for VAT of supplies made throughout the year? If any retroactive adjustments need to be made to the taxable amounts for VAT, what are the implications for the VAT returns, EC-Sales lists and interests? What if a year-end adjustment does not lead to an adjustment of the taxable amount for VAT? Can intercompany payments (which follow from year-end adjustments) then be regarded as the remuneration for any service rendered? Or are year-end adjustments merely to be regarded as financial transactions outside the scope of EU VAT after all? These, and other questions are discussed in this article. [ABSTRACT FROM AUTHOR]

The author analyses the VAT treatment of books and e-books. He provides an overview of the legal framework regulating reduced VAT rates and of the ongoing debate surrounding this topic, and critically examines recent ECJ judgments in this field. The article highlights some inconsistencies arising from the current reduced rates scheme which are amplified by the most recent technological advancements, and aims to stimulate debate regarding possible solutions. [ABSTRACT FROM AUTHOR]

This paper focuses on remedies available under EU law and national laws where there has been violation of Union law by Member States' supreme courts. It studies the legislative rules and the case law on State liability, retrial and constitutional complaint in the 28 Member States. It also examines whether these remedies are effectively in use and can provide a protection of individual rights at least as good as State liability under the Köbler case law on damages. It then deals with the question whether it is up to EU law or national laws to determine the remedy available if an infringement of EU law by Member States' supreme courts occurs. This leads to reconsider the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by Member State courts. [ABSTRACT FROM AUTHOR]

The ECJ preliminary ruling in Huawei and the Commission's findings in Motorola and Samsung provide much needed guidance on the boundaries of FRAND negotiations.They set out a framework for evaluating whether the SEP-holder's pursuit of an injunction against an alleged infringer is an abuse of dominant position under Article 102 TFEU. This paper provides a roadmap of the issues in the Article 102TFEU analysis of the SEP-holder's recourse to courts' injunctions. It examines the framework for FRAND negotiations prescribed by the ECJ in Huawei and the role played by the new concept of 'willing licensee' for the purpose of applying Article 102 TFEU in the context of SEPs. Finally, this article sheds light on the legal theories behind the ECJ preliminary ruling in Huawei and the Commission's decisions in Motorola and Samsung, while providing alternative theories of abuse in principle applicable in the circumstances. [ABSTRACT FROM AUTHOR]

Starting from an analysis of the ECJ's ruling in the MFA case, the paper explores whether the EU judiciary pays sufficient attention to the principle of democracy and, if so, which understanding of democracy it seeks to promote. It comes to the conclusion that the case law reveals a tendency to favour the powers of non-majoritarian bodies. Insofar, it is not so much representative democracy that the Court of Justice strives to protect but rather a kind of democracy which tends to give precedence to the government for the people over the government by the people. [ABSTRACT FROM AUTHOR]

This article explores how the EU Antitrust Damages Directive and linked initiatives affect the ambit of national courts' competence. In particular, it focuses on the combination of the probative effect of national competition authority findings of infringement, the limitation of courts' powers of disclosure, and advice to national courts on quantum under the new Directive on damages actions for competition infringements, and European Commission and national competition authority opinions to national courts under existing Regulation 1/2003 on the enforcement of the EU competition rules.The article contributes to the understanding of the interaction of courts and regulatory authorities in the enforcement of EU law. It argues that while the Directive aims to increase actions for damages in national courts, and in one sense therefore empowers those courts, in a number of ways it also constrains their jurisdiction. It finds that hard and soft law tools interact to limit national courts' competence. [ABSTRACT FROM AUTHOR]

The outstanding development of the European Union has entailed profound transformations in the legal professions over the last four decades. These developments have changed the practice of lawyers, which has become more internationalized and business- oriented in order to meet the demand for international legal services. On the other hand, the legal profession has remained generally heavily regulated with a local focus, which leads to significant differences between Member States. Such situation has resulted in obstacles to free movement of lawyers within the EU internal market. In this context, the rules of the Treaty on the Functioning of the European Union and the European institutions play a major role in the promotion of the free movement of lawyers within the EU internal market. The objective of this paper is to analyze the achievements of the liberalization process, which have taken place within the EU internal market and examine the remaining challenges, which may lead to some changes in the current regulatory framework. [ABSTRACT FROM AUTHOR]

The new rules for public procurements and concessions were published early in 2014. The reform process laid bare the different preferences of and the consequent tensions among the different actors of legislation. The result are provisions which are innovative in many respects, even where the rationale of the law is the same, but also very complex, and at times obscure, making this area even more technical that it already was. This paper gives an introduction to the most relevant novelties in the law, at the same time, it highlights and discusses a number of issues in the law making process and problematic areas in the substantive rules enacted. The article aims not to describe all the new provisions in detail, but to analyse rather closely specific aspects in order to help understand, and interpret, EU public contract law. [ABSTRACT FROM AUTHOR]

The possibility for Turkey to become a Member State of the Community is provided by the Ankara Association Agreement concluded between the parties on 12 September 1963. The Agreement sets up one of the most comprehensive external relationships that the Community has ever established with a third country. According to the EC-Turkey association law, the customs union constitutes a transitory framework prior to complete integration between the parties. However, academic and political works are proposing that the integration of Turkey to the EU acquires a dimension other than the accession framework. These works put forward that the EU-Turkey customs union should be conceived, not as a transitory stage preparingTurkey to a complete accession to the EU, but as a definitive framework which should continue to govern the relations without a membership perspective. The paper strives to assess the possibility of using the EC-Turkey customs union as a definitive framework of the relations between the parties and seeks to demonstrate that such a framework proves to be not only improbable but also impossible. [ABSTRACT FROM AUTHOR]

EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem .Taking a "rights" perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects. [ABSTRACT FROM AUTHOR]

Due to the dynamism of human existence, there is always the need for constant change and adaptation. This tendency for change is reflected in the ongoing reform of Nigeria's economic sector. The focus is the withdrawal of government from commercially oriented activities, (so that it can concentrate on governance) and replacement by private operators. This manifests in the oil sector as reform of both the law and policy of the upstream and downstream aspects of the industry, to allow for participation by private indigenous enterprises and reform of the pricing of petroleum prices especially removal of petroleum products price subsidy by government. It also reflects in a change in the treatment of the host communities. Another key aspect of the reform is the encouragement of financial transparency in the industry to address the corruption, which has arisen as a result of the government monopoly of the sector. This paper examines these reforms and their ability to bring about change in the sector. It also assessed the reform of the Energy law of the EU whereby the EU treaties relating to energy, with specific reference to oil, have become part of the laws operating within member countries. A salient aspect of the EU Energy laws is that all aspects of energy are regulated by the prevalent Energy regulations in a holistic manner in a bid to create synergy of the industry. The paper postulates that the difficulty in sustaining the reforms could result in eventual failure of the reform. It speculates that this is not because the government lacks the power to drive the reforms, but seems bereft of the spirit or political will to remove itself from the oil business thereby truncating the drive towards full market development of the industry, a feat which has been achieved substantially in the EU States. [ABSTRACT FROM AUTHOR]

This article assesses recent reforms of the appointment procedure for members of the Court of Justice and the General Court. We evaluate the effects of the establishment of the Article 255 TFEU Panel. Next to a discussion on the transparency of the Panel's opinions, the criteria set and the role it plays in reappointments, we present case studies of the selection procedure in fourteen Member States, representing new and old, and small and large Member States. Our analysis shows that far from being a paper tiger, the Article 255 TFEU Panel has proven to have a significant impact: it has had a chilling effect on a number of national nominations but also indirectly influenced the selection processes in some Member States, thus limiting arbitrariness. However, opening up judicial appointments to scrutiny at both the EU and the national level has resulted in a subtle move into the direction of judicial self-government. [ABSTRACT FROM AUTHOR]