European Harmonization Research Articles

Mirroring the American Bankruptcy Code? IP Licences in the European Insolvency Harmonisation Project

Abstract With the growth of the licensing of Intellectual Property rights in the global economy, the insolvency treatment of licensing agreements has also taken on greater importance. This paper analyses the treatment of intellectual property licences under the European Commission’s new Directive Proposal 2022/0408/COD, the flagship law of the European insolvency harmonisation project. The paper focuses on the Proposal’s approach in cases where the debtor’s business, or part of it, is sold as a going concern in the pre-pack context. It contrasts the European response to the US Bankruptcy Code, which serves as a significant source of inspiration, and provides examples of how some EU Member States handle such cases. In substance, the paper examines the Commission’s steps towards harmonising the treatment of IP licences in insolvency. Considering the insolvency context and the needs of the parties to the licence, it critically analyses not only the expediency of implementing specific regulations but also the effectiveness of the means employed. Finally, the paper provides some suggestions to amend the Proposal and highlights the necessity to revisit the broader debate over the treatment of IP licences in European insolvency legislation in general.

New trends in legal frameworks for purpose‐driven companies—The European way(s)

AbstractThe debate on corporate governance of business companies and the discussions on the concept of corporate purpose intensified. Looking at the role of law in ensuring that businesses profit from creating benefits and not from creating detriments, it is worth distinguishing between interventions designed to incentivise the former (e.g., mandatory rules on sustainability disclosure or new dual‐purpose companies) and disincentivise the latter (tort or recent supply chain due diligence laws). Nevertheless, the existence of a grey area for activities that do not materialise in tort, or the violation of other mandatory rules cannot be denied and is probably where the reconceptualisation of fiduciary duties can mediate. New legal trends in these areas are mapped with a special focus on the European context and some comparative law considerations with respect to the United Kingdom and the United States. Finally, a suggestion for the future of European harmonisation on dual‐purpose companies will be offered.

Guardians of the Consumer: A Comparative Analysis of Consumer Protection Laws Across Countries

In this comprehensive exploration of consumer protection laws across diverse countries, the focus is on comparing the intricate structures, strengths, and weaknesses that characterize these regulatory frameworks. The journey into the historical evolution of consumer protection regulations provides a contextual backdrop to the contemporary landscape, offering valuable insights into the motivations that led to their establishment and the hurdles encountered in their implementation. The historical lens through which we examine the evolution of consumer protection laws reveals a compelling narrative. As industrialization and mass production gained momentum in the early 20th century, consumers found themselves vulnerable to a myriad of risks associated with product safety, misleading advertising, and unfair business practices. The establishment of pioneering institutions such as the Federal Trade Commission (FTC) in the United States marked a watershed moment, acknowledging the need for regulatory oversight to protect consumers from these emerging challenges. The comparative analysis undertaken in this article seeks to unveil the diversity of approaches adopted by different countries in addressing consumer protection concerns. Some nations have opted for comprehensive and overarching legislation that encapsulates various facets of consumer rights, while others have chosen a sector-specific approach. The European Union's harmonization efforts stand out as an example of a unified approach, fostering consistency across member states. On the other hand, countries like India and Brazil have developed specific laws targeting deceptive advertising and unfair trade practices, showcasing a tailored approach to consumer protection. Examining the reasons behind the implementation of consumer protection laws reveals a shared commitment to rectifying inherent imbalances in the marketplace. These laws aim to level the playing field between consumers and businesses by ensuring product safety, preventing fraud and deception, promoting fair competition, and providing a structured framework for dispute resolution. The overarching goal is to establish trust and confidence in economic transactions, recognizing that informed and protected consumers are essential for the proper functioning of a healthy market. Despite these noble intentions, the implementation of consumer protection laws faces a host of challenges. Enforcement issues, often stemming from limited resources and the complexity of global supply chains, pose significant obstacles to the effective execution of these regulations. Furthermore, cultural and regulatory differences among countries create complexities in achieving a harmonized global approach to consumer protection. The comparative analysis sheds light on these challenges, emphasizing the need for collaborative efforts and innovative solutions to overcome these hindrances. As the article draws to a conclusion, reflections on the future of consumer protection become crucial. Identifying potential areas for improvement is essential to adapt these laws to the evolving dynamics of the global economy. The article encourages a forward-looking perspective, urging policymakers, businesses, and consumers alike to engage in an ongoing dialogue to refine and strengthen consumer protection laws. By addressing the challenges and seizing opportunities for enhancement, the global community can collectively work towards creating a more secure and equitable marketplace for consumers around the world.

Monitoring drugs and prison in Europe: key issues and challenges in collecting information and evidence on drug related problems and interventions in prison

Abstract The EMCDDA published a methodological framework to monitor drugs and prison in Europe, with the objective to set up methods and tools for collecting and analysing harmonised data across Europe on the issue of drugs and prison. Two data collection tools are available: a “European Questionnaire on Drug use among people in Prison (EQDP)” aimed at collecting epidemiological data on drug use and drug related problems on people incarcerated during a given time period and; a “European Facility Survey Questionnaire in Prison (EFSQ-P)” aimed at collecting data on availability, coverage and provision of drug related interventions inside prison. The two monitoring tools include a short and long version and are accompanied by methodological guidelines. The toolkit should be used across countries to improve international comparisons and European harmonisation as well as to provide data to national governments or international organisations (e.g. EMCDDA, WHO, UN and others). Based on challenges identified among responding countries a check list of key issues in collecting data on drugs and health information in prison settings was drafted. This check list aims to provide a practical guide for those who want to start gathering data on drugs and health in prison; it has been drafted and agreed by a group of European experts who have implemented drugs monitoring in prison using the EMCDDA tools. The check list aims to discuss possible options and present best practices in drugs monitoring in prison in the different phases of research/data collection. The check list includes examples and recommendation on how to address the following issues: accessing prison, planning data collection, sampling procedures according to type of data to be collected, mode of administration/data gathering, data analysis and dissemination; ethical issues, involvement of people living in prison and staff in all phases of data gathering.

Evaluación del plan de armonización fiscal en la Unión Europea

Study of Political Economy, Public Finance and European Economic Integration on the tax harmonizationplan of the European Union. It is based on the theoretical and methodological frameworks of the EconomicAnalysis of Law, in order to analyze the European tax harmonization process. In addition to analyzing ques-tions of incentives, efficiency and institutional quality, special attention is paid to the problems of attributionof powers in the European system and the different existing levels of tax pressure and effort in the MemberStates. This study will also analyze the European Commission’s latest proposal on taxation, which aims toachieve tax uniformity, combat tax abuse and put an end to unfair competition practices within the Europeaneconomic-legislative framework. These initiatives are particularly important in the current socio-economiccontext, when new ways of financing the post-Covid recovery fund, curbing the inflation that has beenlatent in recent months and dealing with the negative externalities that the conflict between Russia andUkraine may produce are being studied. All this is completed with a proposal for the feasibility of fiscalfederalism.

Mobility Data for a Safer and Greener Transport

Traffic network operators are using several channels to share their traffic related data, on one hand because of legal obligation, on the other hand to ensure a higher level of service for their customers. Of course, the value chain, and the provided content will change a lot with the emerge of connected and automated driving, or with the spread of Mobility-as-a-Service solutions and Alternative Fuel Infrastructure Regulation (AFIR) related data sharing in the near future. This paper gives a comprehensive overview of the current practice in Hungary, introducing the ways of distributing multimodal traffic related information, some existing services that were implemented based on these automatic data channels. The paper also gives an overview on the ongoing transition towards automatic data provision and how the regular road operators’ role change to digital road operators, furthermore the European harmonisation process that was started in the framework of the Napcore project.

Cancer data quality and harmonization in Europe: the experience of the BENCHISTA Project - international benchmarking of childhood cancer survival by stage.

Variation in stage at diagnosis of childhood cancers (CC) may explain differences in survival rates observed across geographical regions. The BENCHISTA project aims to understand these differences and to encourage the application of the Toronto Staging Guidelines (TG) by Population-Based Cancer Registries (PBCRs) to the most common solid paediatric cancers. PBCRs within and outside Europe were invited to participate and identify all cases of Neuroblastoma, Wilms Tumour, Medulloblastoma, Ewing Sarcoma, Rhabdomyosarcoma and Osteosarcoma diagnosed in a consecutive three-year period (2014-2017) and apply TG at diagnosis. Other non-stage prognostic factors, treatment, progression/recurrence, and cause of death information were collected as optional variables. A minimum of three-year follow-up was required. To standardise TG application by PBCRs, on-line workshops led by six tumour-specific clinical experts were held. To understand the role of data availability and quality, a survey focused on data collection/sharing processes and a quality assurance exercise were generated. To support data harmonization and query resolution a dedicated email and a question-and-answers bank were created. 67 PBCRs from 28 countries participated and provided a maximally de-personalized, patient-level dataset. For 26 PBCRs, data format and ethical approval obtained by the two sponsoring institutions (UCL and INT) was sufficient for data sharing. 41 participating PBCRs required a Data Transfer Agreement (DTA) to comply with data protection regulations. Due to heterogeneity found in legal aspects, 18 months were spent on finalizing the DTA. The data collection survey was answered by 68 respondents from 63 PBCRs; 44% of them confirmed the ability to re-consult a clinician in cases where stage ascertainment was difficult/uncertain. Of the total participating PBCRs, 75% completed the staging quality assurance exercise, with a median correct answer proportion of 92% [range: 70% (rhabdomyosarcoma) to 100% (Wilms tumour)]. Differences in interpretation and processes required to harmonize general data protection regulations across countries were encountered causing delays in data transfer. Despite challenges, the BENCHISTA Project has established a large collaboration between PBCRs and clinicians to collect detailed and standardised TG at a population-level enhancing the understanding of the reasons for variation in overall survival rates for CC, stimulate research and improve national/regional child health plans.

Female Labor Participation and Mother’s Daycare in Greece Pre- and Post-COVID-19 Pandemic: A Regional Analysis

This paper studies the sample of 1,177,794 mothers in Greece who were eligible to apply for and receive a voucher as beneficiaries of the European program Harmonization of family and business life for the period 2011–2022, using financial on/off criteria. This was a European union (EU) subsidized program under the main strategic plan for Growth in Greece, the Partnership agreement for the Development Framework. This paper conducts an ANCOVA analysis to reveal the motives of the participants that led to the progress of the program both pre- and post-COVID-19 pandemic. The database comes from all applications submitted online, but confidential data remained undisclosed, restricting the power of the results. Findings uncover the major factor interfering with a mother’s decision to apply prior to COVID-19, namely her family status. However, for the post-COVID period, a mother’s declining age is the major determinant, which shows the increasing uncertainty of women in reproductive age. These findings, along with the low birth rate in Greece, suggest large social unrest, such that a large fraction of women in the workforce would go into labor if they had greater access to subsidized childcare. Regional differences do not seem to affect these results. This analysis might be unique in its nature, as no previous paper has focused on mothers’ characteristics linking them to childcare.

P-381 "An Analysis of the Legal Gaps and Jurisprudential Paradigms Surrounding Supernumerary Embryos in Italy: A Comparative Law Approach to Propose Practical Solutions"

Abstract Study question What is the current state of resolving the issue of surplus embryos in Italy, in the absence of clear legislation? Summary answer This paper proposes organic reform of Italian law and European harmonization for informed and conscious patient decision-making on excess embryos. What is known already According to Italian law, embryos obtained through in-vitro fertilization for assisted reproduction that have not reached the transfer phase (including unsuitable ones) cannot be destroyed, resulting in significant resource allocation for indefinite preservation in biobanks. This stems from the legal and ethical recognition of the human embryo as a subject of rights that in turn prohibits destruction, donation to other couples, or use for scientific research. Study design, size, duration My study compares European legal systems and analyzes the evolution of Italian law on medically assisted fertilization (L. 40/2004) since its implementation, with a focus on legal and ethical issues that have been subject of ongoing debate. It also examines the Italian Ministerial Guidelines, the only text where the legislator has dealt with the issue of surplus embryos. Participants/materials, setting, methods Not applicable. Main results and the role of chance The present study examines the various approaches taken by countries to address the issue of surplus embryos. Regulations in countries such as Spain, France were taken into consideration. The British legal system is also examined for its regulations on the donation of embryos and reproductive cells. The Spanish regulation of embryo-sharing (L. 14/2006) is the most organic approach. It grants three options to couples with respect to their remaining embryos: preservation for personal use, donation to other couples, or donation for research. In the United States, the increase in cryopreserved and abandoned blastocysts has led to the spread of conditional embryo adoption and Snowflakes adoption. The Italian provision, however, fails to adequately balance the constitutionally protected interests of couples' self-determination and scientific research for the protection of individual and collective health. Role of chance not applicable here. Limitations, reasons for caution Not applicable. Wider implications of the findings Italian legislation neglecting to intervene has caused numerous issues, such as increased costs for fertility centers and poor practices. Clinics advertising embryo adoption, despite regulatory uncertainty, have created unfair competition leading to psychological distress for couples with cells in limbo and fears of financial obligations. Trial registration number NOT APPLICABLE

Convergence of public expenditures and revenues in EU28 during 2002–2019: Evidence from club‐clustering analysis before and after the European debt crisis

AbstractThis paper explores the convergence of public expenditures and revenues in the EU28 by applying the panel cluster convergence methodology to updated quarterly data for the period 2002–2019. In order to explore whether the recent debt crisis in EU has affected the harmonisation path, the paper, for the first time, considers both the whole period 2002–2019 and two equally‐sized sub‐periods, that is, 2002–2009 and 2012–2019, which correspond to pre‐and post‐debt‐crisis years. The issue is important for the debate on fiscal harmonisation in Europe, given that the EU's debt crisis has generated many asymmetries across the member states, whilst the design of effective public policies remains a key tool for achieving higher economic growth. Overall, our results provide evidence of divergence, especially for public expenditures since the European debt crisis, which suggests that in the future further efforts towards a stronger harmonisation path will be required by policymakers in EU member states.

Autism with co-occurring epilepsy care pathway in Europe.

Autism and epilepsy often occur together. Epilepsy and other associated conditions have a substantial impact on the well-being of autistic people and their families, reduce quality of life, and increase premature mortality. Despite this, there is a lack of studies investigating the care pathway of autistic children with co-occurring epilepsy in Europe. We analyzed the care pathway for autistic children with associated epilepsy in Italy, Spain, and the United Kingdom from the perspective of caregivers (using a survey aimed at caregivers of autistic children 0-18years old), the autistic community, and professionals, in order to identify major barriers preventing caregivers and autistic children from receiving timely screening and treatment of possible co-occurring epilepsy. Across all three countries, an analysis of the current care pathway showed a lack of systematic screening of epilepsy in all autistic children, lack of treatment of co-occurring epilepsy, and inappropriate use of antiepileptic drugs. A major challenge is the lack of evidence-based harmonized guidelines for autism with co-occurring epilepsy in these countries. Our findings show both heterogeneity and major gaps in the care pathway for autism with associated epilepsy and the great efforts that caregivers must make for timely screening, diagnosis, and adequate management of epilepsy in autistic children. We call for policy harmonization in Europe in order to improve the experiences and quality of life of autistic people and their families.

Autism care pathway in Europe.

Autism is a lifelong complex neurodevelopmental condition that affects brain development and behaviour with significant consequences for everyday life. Despite its personal, familial, and societal impact, Europe-wide harmonised guidelines are still lacking for early detection, diagnosis, and intervention, leading to an overall unsatisfactory autistic person and carer journey. The care pathway for autistic children and adolescents was analysed in Italy, Spain and the UK from the perspective of carers (using a survey aimed at caregivers of autistic children 0-18years old), the autistic community, and professionals in order to identify major barriers (treatment gaps) preventing carers from receiving information, support, and timely screening/diagnosis and intervention. Across all three countries, analysis of the current care pathway showed: long waits from the time carers raised their first concerns about a child's development and/or behaviour until screening and confirmed diagnosis; delayed or no access to intervention once a diagnosis was confirmed; limited information about autism and how to access early detection services; and deficient support for families throughout the journey. These findings call for policy harmonisation in Europe to shorten long wait times for diagnosis and intervention and therefore, improve autistic people and their families' journey experience and quality of life.

Civil Litigation Against Third-Country Defendants in the EU: Effective Access to Justice as a Rationale for European Harmonization of the Law of International Jurisdiction

The European Union has taken on an active role in harmonizing the law of international jurisdiction over civil and commercial court disputes. However, the jurisdictional rules contained in the key instrument in the area – the Brussels Ia Regulation – only apply to disputes involving EU-based defendants, save for a few exceptions where defendants domiciled in third countries are also covered. This article will explore the rationale for harmonizing the law of jurisdiction applicable to third-country defendants. This central theme is of particular interest, since further harmonization is once again on the EU’s agenda because of the upcoming revision of the Brussels Ia Regulation. The article will outline that proposals for harmonization are rooted in the aspiration to further effective access to justice. Moreover, it will demonstrate that far from a readily implementable programme, furthering access to justice is a multifaceted aim, the pursuit of which potentially has profound ramifications for the EU rules on civil jurisdiction. civil litigation, third-country defendants, law of jurisdiction, PIL, conflict of laws, Brussels Ia Regulation, harmonization

Attitudes of European students towards family decision-making and the harmonisation of consent systems in deceased organ donation: a cross-national survey

BackgroundEuropean countries are increasingly harmonising their organ donation and transplantation policies. Although a growing number of nations are moving to presumed consent to deceased organ donation, no attempts have been made to harmonise policies on individual consent and the role of the family in the decision-making process. Little is known about public awareness of and attitudes towards the role of the family in their own country and European harmonisation on these health policy dimensions. To improve understanding of these issues, we examined what university students think about the role of the family in decision-making in deceased organ donation and about harmonising consent policies within Europe.MethodsUsing LimeSurvey© software, we conducted a comparative cross-sectional international survey of 2193 university students of health sciences and humanities/social sciences from Austria (339), Belgium (439), Denmark (230), Germany (424), Greece (159), Romania (190), Slovenia (190), and Spain (222).ResultsParticipants from opt-in countries may have a better awareness of the family’s legal role than those from opt-out countries. Most respondents opposed the family veto, but they were more ambivalent towards the role of the family as a surrogate decision-maker. The majority of participants were satisfied with the family’s legal role. However, those who were unsatisfied preferred to limit family involvement. Overall, participants were opposed to the idea of national sovereignty over consent policies. They favoured an opt-out policy harmonisation and were divided over opt-in. Their views on harmonisation of family involvement were consistent with their personal preferences.ConclusionsThere is overall division on whether families should have a surrogate role, and substantial opposition to granting them sole authority over decision-making. If European countries were to harmonise their policies on consent for organ donation, an opt-out system that grants families a surrogate decision-making role may enjoy the widest public support.

The Greek Cadastral Law as a Cluster of Rules of Substantive and Procedural Law and its Incorporation into the European Framework

Well-organised property registers play a key role in further promoting cross-border transactions and ensuring their security, so that their proper function is not only a European but also an international requirement. The object of this article is to present the Greek cadastral legal order, in the light of the idea of European harmonisation. In general, cadastral law is made up of legal rules establishing the publicity of the rights in rem over real property, as well as the manner, procedure and beneficiaries involved in the correction of inaccurate cadastral entries. The Greek system, upon completion, will be in the form of an integrated cadastre, where technical and legal information will be kept in a single cadastral base of the institution. There is no doubt that the Greek cadastral system meets the European standards so that, in cooperation with the other countries, the effort of harmonisation and creation of a single property register could bear fruit.

Towards a European harmonization of health technology assessment recommendations executive paper of European regulatory conference focused on the EU commission proposal to harmonize HTA

Health Technology Assessment (HTA) is a multidisciplinary process which supports policy “decision-making”, including those related to drug reimbursement and price negotiation based on comprehensive clinical and non-clinical evaluations. The discrepancies in HTA recommendations among European countries are related to the differences in health care systems and willingness to invest in health care, differences in assessment methodologies and appraisal practices, and variations in economic constraints, and may produce disparities in terms of patient access to medicines. The political discussion about the adoption of the European Regulation on HTA lasted for years due to concerns about its feasibility and its implications for national health care systems In this paper we highlighted the importance to harmonize HTA process in Europe and some critical issues emerged during the discussion among experts in the field carried out at the European Regulatory Conference.

The Development of Asylum Law in Turkey Within the Framework of the European Union's Harmonization Process

The impact of the European Union (EU) on international policy in Turkey is already regarded as minimal because of the absence of genuine membership prospects. Nevertheless, the approval by Turkey of the asylum laws in the past that fulfills virtually all of the EU's requirements speaks to the continued impact of the EU throughout this policy position. Most of our web-based study's academic scholars believed EU membership to be a key element in the passage of the bill. The conversations with Turkish State officials, as well as the European Commission, show how the EU affected the drafting process. This study discusses the influence and development of Europeanization on policy structures in Turkey within the asylum and refugee policy framework. It looks at the effect of Europeanization on the transition of Turkish pre-accession to the EU. Also, it explores how Turkey carries out its duties at the policy level in relation to an international refugee protection framework as well as asylum seekers harmonization.

Care pathway for autistic children and their families in Europe

IntroductionAutism is a lifelong complex neurodevelopmental condition that affects brain development and behaviour with significant consequences for everyday life (WHO, 2018). Despite its personal, familial and societal impact, there is still a European-wide lack of harmonised guidelines about the support needed from early stages, the most sensitive time to gain positive future outcomes (Berajamo-Martin et al, 2019).ObjectivesThe objectives were: 1. To analyse autistic children care pathway and patient/carer journey in three European countries: Italy, Spain and U.K. 2. To propose policy recommendations on how to improve this pathway.MethodsTo identify major barriers and treatment gaps, we conducted a rapid literature review of the care pathway in Europe and a survey aimed at parents or carers of autistic children ages 0 to 18 living in the three countries. The survey gathered information on screening, diagnosis, accessibility and support received before, during and after diagnosis. Members of the working group met to discuss results and propose policy recommendations.Results1. Current care pathway analysis showed the following treatment gaps: Long waiting time from first concerns until screening visit and confirmed diagnosis. Delayed or no access to intervention once diagnosis has been confirmed. Overall limited information about autism and how to access early detection services. Overall deficient support to families. 2. Please see Box 1 for our proposed policy recommendations.Box 1. Policy recommendationsConclusionsOur findings and recommendations will inform policy harmonisation in Europe to shorten long waiting times, diagnosis process and intervention, and therefore, improve autistic people and their families’ journey experience and quality of life.DisclosureNo significant relationships.

Finnish Civil Servants on Harmonization in the Asylum System: A Study in Horizontal Europeanization

This article presents a Finnish perspective on harmonization within the Common European Asylum System (CEAS). The article analyses results from a study of the judgments and experiences of Finnish civil servants concerning the harmonization of the CEAS. The year 2015 constitutes a shift in asylum policies in many European countries, and a key question is how this shift has influenced the process of harmonization of asylum policies and practices. Senior civil servants working in the state administration of asylum and migration issues in Finland were interviewed anonymously as part of a comparative European research project (CEASEVAL). The interviews indicate that EU‐wide administrative cooperation has developed into a broad and diverse cooperation in recent years. The interviewees in Finland generally found harmonization of the asylum system to be necessary, which was connected to a need for greater predictability of the outcomes of the system. The results of the study suggest that Finnish asylum administration is developing toward harmonized practices involving transnational and supranational administrative cooperation in the field of asylum. The results support the conclusion of previous research that there is a process of horizontal Europeanization in which administrative practices develop organically within national asylum administration, independently of political disagreements at the EU level. This is relevant both to the framing of political issues and to research on Finnish migration and asylum policies, which need to take into account the ongoing European harmonization of policies and administrative practices.

Assessing verbal interaction: towards European harmonization. Insights from the co-operation between Spanish and French language exams for Higher Education (CertAcles/CLES)

Abstract Verbal interaction has been the subject of a growing interest among language professionals in Europe since the CEFR was published in 2001; in linguistics, verbal interaction has long been studied. In the Bakhtinian approach, it is even considered “the fundamental reality of language”. All types of interaction share the fact that they are dynamically co-constructed by participants. How then can we assess or certify interactional competence on an individual basis when dynamic instability prevails? What criteria can be defined in order to deconstruct interactional competence into specific operational criteria, if interaction is intrinsically multidimensional? These are the questions that we address in this paper. To do so, this paper presents the insights gained as a result of the co-operation between two certification systems: CertAcles (Spain) and CLES (France), both belonging to NULTE (Network of University Language Testers in Europe). These certification systems have agreed to collaborate extensively, sharing their constructs and assessment routines. As a result, CertAcles is shifting towards more contextualized tasks and CLES is considering adopting descriptive assessment scales for interaction (C1 level). We hope to demonstrate that the materialization of scientific collaboration of this kind can help improve individual systems.