European Union Level Research Articles

Assessing the Actual Impact of a Cryptojacking Attack on Individual IT Systems and Measuring Legal Responses

Mining cryptocurrencies is much more profitable if one is not paying for equipment or the electricity used for the mining. This is the main reason why cryptojacking has become so prevalent as one of the predominant cybersecurity threats facing Europe today. While the robustness of an organisation is important, one should also know what to do following a security incident or breach. Whilst post-incident analyses are important, an organization should also ascertain their legal standing as well as any possible ways forward after the damage has been done. In order to have a better idea of such a situation, we conducted an in-depth analysis of what a cryptojacking attack would do to our computer network. We did not do that to better protect ourselves, but rather to assess what management can do after an attack happens. Furthermore, we present areas that should be taken into account when assessing damage and propose legal measures effective at the European Union level, relying on criminal, civil and data protection provisions.

Towards an Integrated (and Possibly Pan-European?) Prima Facie Legitimacy Test: Merging the Rechtsgut Theory, the Offensività Principle, and the Harm Principle

Abstract The Anglo-American harm principle, and its European counterparts – the legal goods theory and the offensività principle – attempt to provide an answer to the question of which conducts can be prima facie legitimately criminalised. Despite the historical, conceptual, and practical differences between these criminalisation approaches, they share important elements, particularly from a functional and operational perspective. By merging the key aspects of these theories, this work elaborates an instrument to assess the prima facie legitimacy of criminalisation – the Integrated Legitimacy Test – that embeds their essential elements and further conceptualises them. The Test strives to overcome some of the criticisms directed against the Anglo-American and European theories by narrowly defining their core elements and linking them to empirical evidence. Moreover, its transnational nature makes it suitable to feed the criminalisation debate at the European Union level.

EU cybersecurity and cyber diplomacy

Over the last decades cybersecurity has become a cornerstone of European digital development. Alongside with the diffusion of information and communication technologies and the deepening (as well as widening) of the European Union, the initial narrow and sectoral data security policies have expanded into a comprehensive cybersecurity framework addressing issues from resilient infrastructure and technological sovereignty, through tackling cybercrime, to cyber defence capabilities and responsible state behaviour in cyberspace. In this complex web of interrelated policies a relative newcomer at the European Union (EU) level is cyber diplomacy. Sometimes also called public diplomacy 2.0, it factors into the cross-border connectivity of cyberspace and reflects a shift in international relations where the lines between external and internal policies, military and civilian domains are blurred. However, the term cyber diplomacy is fluid and it is not well understood which topics should be under its “umbrella”, in particular in relation to cybersecurity, where it seems to be linked the most. This article aims to map existing and proposed instruments that make up the EU’s arsenal in this broad context to answer the following questions: what is cyber diplomacy and how is it related to the EU cybersecurity? Is cyber diplomacy in the EU becoming something in its own right as a distinct set of tools to secure the EU policy objectives?

The Legal Architecture of the Economic Responses to COVID‐19: EMU beyond the Pandemic*

AbstractThis article analyses from a law and policy perspectives the measures adopted by the European Union (EU) to address the devastating economic effects of COVID‐19, assessing their implications for Europe's economic and monetary union (EMU). The article first sets the background by exploring the main features of EMU before COVID‐19. Subsequently, it examines the multiplicity of policies deployed by the EU institutions to contain the socio‐economic damages of the pandemic – including, most crucially, the EU recovery fund "Next Generation EU" – and underlines their transformative effect on the EU architecture of economic governance. As the article argues, the responses to COVID‐19 have produced a significant rebalancing of EMU, bridging the asymmetry between EU monetary and economic policy. Finally, the article considers whether the COVID‐19‐related responses are likely to be only temporary, or rather a new normal for EMU, and sheds light on further constitutional adaptations which are needed to sustain this unprecedented transfer of fiscal power to the EU level.

Transfer of seat within European Union. The latest developments on cross-border conversions, mergers and divisions of companies

Abstract Transfer of seat of companies remains one of the debated issues at European Union level as more and more cross border transactions are taking place and the shareholders try to take advantage of the rights of free movement provided by the treaties. The recent caselaw brought the European Union in a difficult position, having to accept the existing lacks in the treaty’s provisions and come with specific legislation to cover the consequences raised after Polbud case. The caselaw on transfer of seat of companies from one member state to another was not very complex and numerous at the beginning, but became incisive with the development of the internal market and increase of cross-border transactions, becoming more open towards the acceptance of the freedom of establishment in most cases of transfer, forcing the national company law, especially the rules on conflict of law, to encounter a new challenge in the harmonisation of the provisions related to incorporation, functioning, merger/division/conversion or the creation of secondary establishments. This article wants to be an overview on the reaction of the European Union, especially through the latest Directive in the field, Directive on cross-border conversions, mergers and divisions was adopted by the European Parliament and the Council (Directive (EU) 2019/2121), but taking into account the caselaw in the field and trying to project future evolution of the new provisions.

Economic Cyber-Espionage in the Visegrád Four Countries: a Hungarian Perspective

Abstract This article explores the regulatory framework of reference of economic cyber-espionage in Europe, with a particular focus on the V4 region (comprising Slovakia, Hungary, Poland and the Czech Republic) and taking Hungary as a case study. Europe Union member states, including the V4 countries, are particularly exposed to economic cyber-espionage, because of the advanced know-how of the companies based therein. Under international law, there exists no uniform approach to the matter; also at the European Union level, the legal framework appears rather fragmented and the same holds true at the national level and within the V4 group, where each country has adopted its own relevant regulation. After a general overview of the relevant international and EU regulatory framework of reference, this article overviews the modus operandi of the V4 and examines its approach to economic cyber-espionage, with a special focus on Hungary as case study. As already remarked at the European and international levels, cybersecurity policies and regulations, including those regarding economic cyber-espionage operations, should be drafted in coordination among states; the V4 group can become a privileged platform of discussion to advance in the regulatory harmonisation of the issues at stake.

Exploring the Factors Influencing Expansion of Nuclear Energy in Croatia

Nuclear energy is an option that enables a significant reduction of greenhouse gases emissions at the national and European Union (EU) level. However, it is also an option that is mostly influenced by public opinion and an option that has strong cross-border impact. Croatia does not consider nuclear options, but a possible future turn to nuclear might have an influence on other EU countries. The possibility for such a turn is analyzed, taking into account public opinion as well as historical and economic factors. Based on the results of a public opinion survey, it can be deduced that the Croatian public is not inclined to nuclear energy and considers it a risky option, although nuclear power plants in neighboring countries are not perceived as a high-risk threat. Trust in government as an information source is very low. Despite historical aspects that suggest scientific and expert knowledge capable of handling nuclear build, public opinion and the low economic framework indicate that a turn a to nuclear in Croatia is highly unlikely.

TAX AVOIDANCE AND TAX EVASION IN EU: TRENDS AND EFFECTS

The main purpose of this article is to study the concept and aspects of tax avoidance and tax evasion, their causes, trends and effects in the European Union(EU). In recent years, the debate on international tax policy has focused on tax avoidance strategies and tax evasion. Cases of tax evasion and tax evasion have become increasingly common. These phenomena were triggered by several factors. Some of them relate to European principles such as those relating to the free movement of persons, goods and capital, which led to the diversification and complexity of trade, under conditions of imperfect legislation. Other factors are the social and economic ones generated by the onset of the economic crisis. Another set of factors that have been favorable circumstances for the development, the phenomenon of tax avoidance and tax evasion, are those related to the degree of taxation that differs from one-member country to another and different tax systems. This expansion of the phenomenon of tax avoidance and tax evasion generates negative effects on the European economy, which are making their mark on the economy. In this context, concerns have arisen at EU level to create a legislative framework to mitigate these phenomena. As these two phenomena (tax avoidance and tax evasion) cannot be completely eradicated, it is very important to find the most efficient measures to combat them. Another element specific to the European Union that generates tax evasion and tax avoidance is Value Added Tax (VAT). As with any tax, Value Added Tax presents opportunities for tax avoidance and evasion. European Union experts believe that tax avoidance and tax evasion are important factors limiting revenue mobilization. Tax evasion and tax avoidance affect us all. ese phenomena occur both within a country and within the European Union, but also globally. That is why one country cannot solve the problem alone. The European Union and the Member States must work more together and at international level to combat the problem in the country within the Union but also outside the borders of the European Union. Thus, in principle, legislators can affect the decisions of the subjects by defining the boundary between legality and illegality. The purpose of this paper is to investigate the trends and effects resulting from tax avoidance and tax evasion behavior.

A comparative assessment of air quality across European countries using an integrated decision support model

Reducing air pollution including greenhouse gas emissions originating from extensive use of fossil fuels is critical for European countries aiming at improving their environment and at carbon neutrality by the middle of this century. To optimally reduce the air pollutants and mitigate the climate change, not only national or European Union level regulation need to be considered, but also international agreements such as the Sustainable Development Goals, Kyoto Protocol, and Paris Climate Agreement need to be included in these strategies. Managing such a complex framework would benefit from reliable multi-criteria decision-making approaches. Current models to enhance air quality often concentrate on one criterion at a time and focus on momentary improvements only, unable to offer longstanding enhancement. Therefore, comparative analysis of emissions of several air pollutants simultaneously is highly relevant empowering decision-makers with better tools for policy development. The focus of this study is on a decision support model based on the Best-Worst Method and the Measurement of Alternatives and Ranking According to Compromise Solution method to comparatively analyze air pollutants of 22 European countries. This study is the first in its kind to develop an integrated decision model for air quality assessment considering six air pollutants. Extensive sensitivity analyses were performed to highlight the impacts from different scenarios on the decision-making. The results indicate that Sweden, Latvia, France, Lithuania, Hungary, and Italy ranked as the top six countries with the lowest emission. However, Finland, Poland, the Czech Republic, Luxembourg, and Estonia had the lowest overall ranking and the highest per capita emissions. The proposed methodology and evaluation framework can provide a helpful tool for developing regional and national strategies to minimize air pollutants and to improve environmental sustainability.

Flood legislation and land policy framework of EU and non‐EU countries in Southern Europe

AbstractFloods are a widespread natural hazard affecting people and their assets in regions worldwide, including Southern Europe. Besides coastal floods, the Mediterranean region is highly prone to flash floods driven by short but intense precipitation events. With increasing flood risk due to climate change and socio‐economic conditions, governments are under pressure to reinforce flood protection measures, which could be a great challenge for the weak economies of non‐EU developing countries. This is of particular relevance to achieving international commitments such as the United Nations Sustainable Development Goals. Several policy frameworks have been developed to mitigate flooding risk, at European Union (EU) and global level. These frameworks call for a holistic risk reduction approach where governments, institutions, and households are all responsible for reducing risk. In practice, however, gray infrastructure remains the prevailing flood risk management measure in many countries. Incorporation into national legislation and implementation of the EU policy framework will increase constraints and pressures for non‐EU countries, particularly those strongly committed to becoming EU members in future. This article provides a comprehensive review of policies and measures implemented in four different southern European countries to mitigate flood hazard, and compares governance aspects between EU (Portugal and Slovenia) and non‐EU countries (B&H and Serbia). Understanding governance aspects and the status of flood‐related policy implementation is of critical importance in protecting people and enhancing resilience to climate change impacts. Programs of improvement measures and further integration of sustainable water management with other sectoral policies are required to reduce flood risks.This article is categorized under: Engineering Water > Planning Water Human Water > Water Governance Science of Water > Water Extremes

AN ALTERNATIVE FOR VALORIZATION OF WASTES AS ENERGY SOURCE

The efficient use of renewable energy resources is one of the most important elements of energy sustainability at the European Union level. The growing demand for energy will continue to support the use of other materials as resources of energy than conventional ones, coal, crude oil and natural gas. This paper investigates the feasibility of valorizing wastes with energetic potential in a multi-component alternative solid fuel. Biomass - vegetable waste (BW), meat and bone meal (MBM) and slag/bottom ash from lignite combustion, in combination with a low-rank, lignite, was used to prepare tri-component mixtures (MBM+Lignite +Slag and MBM+BW+Lignite) indifferent variable proportions, and further characterized to assess their potential for use as energy source. The thermal behavior of the mixtures was assessed by thermogravimetric analysis; the resulting ashes were characterized by scanning electron microscopy.Also, the environmental impact as emissions level after their combustion was considered. In terms of an effective way of removing wastes (e.g. slag/bottom ash and MBM), the most promising proposed solid mixture was the combination MBM(50%): Lignite(25%): Slag (25%), with a high energetic value, > 2700 kcal/kg, a volatile matter content > 35 %wt, and the ash in half amount compared to its initial mass. Thestudy’s findings illustrate the possibility of turning solid waste to raw material by converting them into energy, and promote the development of long-term waste management and recovery solutions.

Guvernanța și securitatea maritimă – abordarea Uniunii Europene

At the level of European leadership in Brussels, it has been developed, based on preserving and affirming the European culture and civilisation, the idea of creating the conceptual and actional premises for “Europe ad integrum” to represent a “maritime force”. In this context, the Integrated Maritime Policy is a comprehensive approach to all European Union maritime and related policies. Basically, the Integrated Maritime Policy is the European Union’s response to develop the sustainable implementation of maritime governance, a concept in which maritime security plays a key role. This paper deals with the principles of maritime policies formulated at European Union level, which, in conjunction with the provisions of the European Union Maritime Security Strategy and Action Plan, form the European concept of maritime governance and security.

The emergence of post-Westphalian health governance during the Covid-19 pandemic: the European Health Union.

The response to the Covid‐19 pandemic in 2020–21 was dominated by the Westphalian primacy of national territory and sovereignty, significantly worsening and prolonging this crisis. Global platforms for cross‐border coordination and cooperation were constrained by national self‐interest. Arguably, the lack of a worldwide supranational (or post‐Westphalian) authority in health governance is one important structural reason for the fragmented, chaotic, and ineffective response to Covid‐19. The failure of Westphalian governance responses to the pandemic provides a unique opportunity for post‐Westphalian governance structures to be established and contribute to reforming international pandemic preparedness. While this is unlikely to happen soon at the global level, a comprehensive framework is emerging at the European Union level in the form of a European Health Union. Through a combined conceptualisation of supranational governance and the securitisation process of international health crises, Covid‐19 has opened the door to post‐Westphalian health governance coordinated by the European Commission.

Governance and Maritime Security. The European Union’s Approach

At the level of European leadership in Brussels, it has been developed, based on preserving and affirming the European culture and civilisation, the idea of creating the conceptual and actional premises for “Europe ad integrum” to represent a “maritime force”. In this context, the Integrated Maritime Policy is a comprehensive approach to all European Union maritime and related policies. Basically, the Integrated Maritime Policy is the European Union’s response to develop the sustainable implementation of maritime governance, a concept in which maritime security plays a key role. This paper deals with the principles of maritime policies formulated at European Union level, which, in conjunction with the provisions of the European Union Maritime Security Strategy and Action Plan, form the European concept of maritime governance and security.

ENHANCEMENT OF THE NATIONAL DEFENCE POSTURE BY USING THE MILITARY POWER

The development of a national defence enhanced posture is a fundamental requirement in line with the developments of the current and possible future security environment, as well as regards the commitments made at North Atlantic Treaty Organization (NATO) and European Union (EU) level in relation with the development of capabilities and contributions to missions and operations. Romanian Army prepares, integrates at national level and, if necessary, makes use, in accordance with the law, of all available resources. While peacekeeping or peace-building operations are presented in the various defence and national security strategies as the last resort, the last option after all other measures have been actively explored, it remains in the eyes of public opinion and policy makers the first face of the armed forces, the heart of the profession of soldier. The conventional deterrence has always existed – if vis pacem para bellum. Two main mechanisms can discourage a potential opponent. The first is the threat of retaliation, also known as deterrence by punishment. The second mechanism consists in persuading him of the impossibility, or at least of great practical difficulty, of achieving his immediate objectives, thus prompting him to give up not for fear of the consequences of his action, but due to his low chances of success. The guarantee of sovereignty, independence and state unity, the territorial integrity of the country and constitutional democracy is the most fundamental task of the armed forces. It is, after all, the primary role of defending the land of the homeland when it is threatened. The most obvious expression of that is the concept of ensuring the capacity to implement defence plans drawn up at national level.

What drives low-carbon agriculture? The experience of farms from the Wielkopolska region in Poland

Because of global environmental problems, low-carbon agriculture has gained increasing importance both in developed and developing countries. Hence, there is a need to find ways to develop more efficient agricultural systems. The purpose of this article is to identify the drivers of low-carbon agriculture on farms in the Wielkopolska region (in Poland). We aimed to take an original approach to investigate low-carbon agriculture with a unique set of different economic and environmental variables and contribute to the literature, which is not very extensive in terms of microeconomic research, including research on farmers in the Wielkopolska region. Therefore, we employed a multiple-factor measurement model for structural equation modeling (SEM) of data collected individually from 120 farms in 2020. As a result, we formulated the following conclusions: the increasing productivity of factors (land, labor, and capital) have a positive effect on low-carbon farming, just as increasing fertilizer and energy efficiency. Moreover, thermal insulation is also important for low-carbon agriculture, with efficiency of fertilizer use being the most important factor. We believe that the issues of farm use of fertilizers and thermal insulation of buildings should be more broadly included in energy policy, both at the national and the European Union (EU) levels. Some of these factors however are already present in the common agricultural policy (CAP) for 2021–2027.

Loyal agent or shirking partner: understanding the policy goals of national ministers in the Council of the European Union

ABSTRACT Research on representation within the European Union (EU) often assumes that partisan policy preferences are mediated primarily through the European Parliament, while the European Council and Council of the EU (Council) represent national interests. This assumption obfuscates the potential for divergent policy preferences within Council delegations, the majority of which are coalitions comprised of ideologically diverse parties. Such divergent preferences within national governments provide an incentive for coalition partners to pursue policy outcomes at the EU level that diverge from those of their coalition. This research assesses the existence of such policy shirking by members of the Council utilizing the DEU III dataset, party manifestos, and a new dataset on the partisan characteristics of individual Council members. This analysis provides insights into the factors that affect variations between national positions (as measured by the DEU III) and coalition member preferences (as reflected in party manifestos).

The Relationship between EU Law and Fundamental Principles of Estonian Substantive Criminal Law

Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.

INCOME SUPPORT FOR AGRICULTURAL PRODUCERS TOWARDS BUSINESS RISK IN THE FOOD SUPPLY CHAIN

The subject of consideration are issues related to the occurrence of business risk in agriculture, which stimulates the acquisition of income by agricultural producers. Its particular determinant in the supply chain of agricultural and food products are unfair trade practices. The aim of the article is to answer the question whether the legal regulations proposed at the European Union and national levels limit the occurrence of business risk in agricultural activity and thus protect agricultural producers against such practices. The European Union legislator recognizes the necessity of protecting both suppliers and purchasers of agricultural products and the legal solutions adopted may, to some extent, contribute to unification of approach in the Member States and serve to protect their addressees, although they are not comprehensive. They allow for * dr hab., prof. UPP, Katedra Prawa i Organizacji Przedsiębiorstw w Agrobiznesie Dr. Sci. in Law, Professor, Poznan University of Life Sciences, Faculty of Economics, Department of Law and Organization of Agribusiness Enterprises the adoption or retention of national rules that go beyond the standards listed in the EU Directive, leaving space for some adaptation to local commercial culture and problems.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).