Full Harmonization Research Articles

Digital Technologies in the National Cadastre System of Uzbekistan: Issues of Legal Regulation

Objective: to critically analyze the state of national legislation of Uzbekistan in terms of legal regulation of digitalization and the use of artificial intelligence in the cadastral sphere.Methods: the research is based on such methods of scientific cognition as formal-legal and comparative-legal analysis, induction and deduction.Results: the provisions that regulate digitalization and the use of artificial intelligence in the cadastral sphere were analyzed, legal gaps were identified. It was determined that the practical application of artificial intelligence technologies outpaces its legal regulation. The shortcomings of legal regulation in this sphere were noted (lacking legal definition of the legal status of artificial intelligence in the national legislation; regulation of business entities’ participation in the management of artificial intelligence, etc.). The said shortcomings hinder its full application and harmonization with traditional sources of cadastral information. The author substantiated the need for universal digitization of the national cadastre and predicts the possibility of wider application of artificial intelligence in the natural-resource cadastral system. It is argued that the existing system in its current state may lead to wrong decisions and cadastral errors, hence, it is necessary to improve the legal regulation of cadastre.Scientific novelty: for the first time the results of the national cadastre digitization were assessed. Forecasts were given about the possibility of using artificial intelligence in this area, subject to further improvement of legal regulation. The latter is fundamentally important for reforming the cadastral system, since the technological basis of this system does not fully meet the needs of the digital economy.Practical significance: it is due to the lack of legal regulation of the artificial intelligence concept and legal status in the national legislation, as well as a unified approach to the cadastral system digitalization. Modern technologies are actively used in practice, but lack a sufficient legal basis. The main conclusions, proposals and recommendations of the study can be a basis for further improvement of the legal framework of Uzbekistan in terms of the application of artificial intelligence technologies.

The Role and Functions of City Parks in the Adaptation Process of Refugees to the City: The Case of Ulubey Şehit Ömer Karaosmanoğlu Park

Today, migration mobility is experienced intensely all over the world. As refugees seek asylum in their countries of origin, the process of integration begins spontaneously, and urban parks, which are the most important part of the public space and provide the unity of the city dwellers, play an active role in this process. "How does the use of urban parks change with the unpredictable number of refugees all over the world and especially in Turkey and how does this situation find expression in Ankara?" is the starting point of the study, while "the fact that refugees are under difficult socio-cultural and economic conditions has led to the use of urban parks and negatively affected the use of parks by local people" is the hypothesis of the study. Within the scope of the study, Ulubey Şehit Ömer Karaosmanoğlu Park, located in Altındağ district of Ankara, which is one of the countries hosting the highest number of refugees in the world and has the highest Syrian population in Ankara, was selected as the sample area and the park usage tendencies of both refugees and local people, how they feel about using the park together and whether the park contributes to the adaptation process were examined through a face-to-face survey. According to the survey data; it has been determined that there is not a full harmonization between the refugees using Ulubey Şehit Ömer Karaosmanoğlu Park and the local people and refugee women have more difficulties in harmonization than refugee men. With this study, solution suggestions are presented to local governments at the point of planning and design of urban parks in countries hosting refugees.

Data Flows and Data Protection in the Greater Bay Area: The Need for a Coordinated Legal Framework

Abstract The ambitious Greater Bay Area (GBA) agenda pursues deeper cooperation among Guangdong, Hong Kong, and Macau for further regional development. The integration of the digital economies across the GBA cities depends on effective cross-boundary data flows. However, the free flow of data between Mainland China, Hong Kong, and Macau is currently hampered by stark differences in data protection and cyber security regimes. While the Mainland restricts data exports outside its jurisdiction, Hong Kong does not specifically regulate cross-border data exchanges. This article explores the potential for greater coordination and harmonization of data privacy laws between Hong Kong, Macau, and Mainland China. It proposes to explore the potential of facilitating inter-regional data transfers through a coordinated data export framework. The article also explains why this is likely a more realistic medium-term objective than a full harmonization of the data protection regimes in the three jurisdictions.

Extension of the HEMRM—Full Harmonization of the Electricity Supply System

The current formal common denominator of the electricity supply system in Europe has been the Harmonized Electricity Market Role Model (HEMRM) set up by ENTSO-E, ebIX, and EFET at the turn of the millennium; it introduced the concept of de-coupling and the vertical structuring of the system into the previously vertically integrated system. Since then, within demonstration projects, the system has been undergoing further changes in a controlled environment, generating bottom-up energy, caused by new technologies, business models, and new players, and extending the concept of the system to the level of energy communities and prosumers. Therefore, this paper proposes a coherent approach to the extension of HEMRM to the lowest levels in both the grid and market segments—full harmonization. This entails further structuring of both segments downwards and applying the principles of vertically nested subsystems—a system of systems approach—to a unit functional level of the electricity system, which can be the prosumer itself. At the lowest levels, the de-coupled system becomes coupled; additionally, it cross-sects with other energy vectors. Complete harmonization reduces the number of system and market segments and represents system standardization, leading to both subsystem and system-wide optimization. Prerequisites for it include the automated trading of flexibilities by the prosumers and implicit trading of energy transfer capacities along the distribution grids. The energy reservoirs, implicit and explicit, short-term, and long-term, play a vital role in techno-economic balancing.

Competing claims to crypto-assets

Abstract At the height of the ‘crypto winter’, with several crypto intermediaries filing for insolvency and subjected to schemes of arrangement, who owns what and who has a claim on what becomes all important. At the same time, distributed ledger technologies are frequently presented as a digital solution to these perennial problems of competing claims to the same asset. This article makes two contributions to the literature. First, we show that neither current technology nor law solves the competing claims issue. Second, we suggest policy solutions based on a comparative legal analysis. In essence, the law must: (i) recognize property rights in crypto-assets; (ii) protect bona fide purchasers that receive crypto-assets from a transferor who exerts control over private keys; and (iii) facilitate the enforcement of titles in crypto-assets by the interplay of private and financial law. While full harmonization of national private laws is out of reach, some level of international consensus around these three principles would strengthen the impact of private law in the proper ordering and enforcement of claims to crypto-assets.

Single Market Enlargement and Technical Barriers to Trade: Revisiting the Evidence

Abstract EU enlargements have given new EU member states access to the European Single Market. While tariff liberalisation was already completed at the time of enlargement, technical regulations were subject to different sectoral approaches, including harmonisation and mutual recognition. We employ a structural gravity model estimated using sectoral trade data from 1987 to 2020 to assess the trade effects of these measures. We find that trade expansion, particularly exports of the NMS to the incumbent EU members, has been stronger in the sectors covered either by the Old Approach (full harmonisation) or the New Approach (essential requirements) than in sectors covered by mutual recognition. The New Approach has been more effective when coupled with mutual recognition at the sector level than with either approach alone. Our results imply that the TBT harmonisation has had a heterogenous impact on different sectors (the most important for low-tech industries was the Old Approach, while for high-tech, it was the New Approach).

The European Market for Guarantees of Origin for Green Electricity: A Scenario-Based Evaluation of Trading under Uncertainty

Guarantees of Origin (GOs) were introduced in order to enhance transparency about the origin of green electricity produced in Europe, and to deliberately empower end-consumers to participate in the sustainable energy transition. The separation of electricity and the GO trade has resulted in a prosperous GO market that, however, has been characterized by non-transparency and opportunistic behavior. Historic price development has been opaque and can therefore not be used to forecast future GO prices. This paper, firstly, provides a thorough overview of the European GO market and an analysis of the historic price development; secondly, it proposes a model, the first of its kind, for determining future price developments of European GOs for different renewable energy technologies in different countries up to 2040. For household consumers, GO price determination is based on willingness-to-pay estimates from the literature, whereas for non-household consumers, the model introduces a novel approach to determine the willingness to pay for green electricity. Four different scenarios are considered (Status Quo, Sustainable Development, Full Harmonization, and Ideal Development) and annual GO data are used. The findings indicate that GO prices can be expected to increase on average in the next years, with prices ranging from 1.77 to 3.36 EUR/MWh in 2040. Sensitivity analysis shows that ‘WTP percentages’ have the highest influence on GO prices. It can be concluded that future GO prices will remain challenging to predict, even with the support of sophisticated models, due to the expected supply and demand-driven market growth affecting the market equilibrium prices for different GOs in different countries.

Dairy cattle welfare – the relative effect of legislation, industry standards and labelled niche production in five European countries

The only common European Union (EU) legislation set up specifically to ensure the welfare of dairy cattle is for calves. As a consequence, there is wide diversity in how dairy cattle welfare is ensured in EU countries. A few countries have legal requirements for dairy cattle welfare, while in others, it is left to industry standards or niche production requirements, typically linked to various premium labels. In this paper, we compared animal welfare provisions in dairy cattle production across five countries with different combinations of legislative and other approaches: Denmark, Germany, the Netherlands, Sweden, and the United Kingdom. Firstly, we aimed to map the diversity of animal welfare initiatives. Secondly, we used the Benchmark method of expert valuations and weightings of the relative importance of individual welfare provisions. We found that Denmark and Sweden have the highest level of dairy cattle welfare provisions as measured by the Benchmark method, partly due to high legislative welfare requirements, followed by the United Kingdom, which has an extensive industry standard with very high uptake. Germany and the Netherlands, on the other hand, have lower levels of documented welfare provisions, and correspondingly a Benchmark score closer to a baseline defined by legal requirements at EU level. We also found differences in what elements of animal welfare were focussed on. Some initiatives emphasised fulfilling the social needs of cattle, while others focused more on space and freedom to move. Also, the countries with the highest Benchmark score had a relatively high level of production of organic and other specialty dairy products. We found the effect of national legislation or ambitious industry standards on dairy cattle welfare to be much larger than previous studies have found in either pigs or poultry. At a time when the EU is considering stepping up its efforts to improve animal welfare in terms of common minimum standards, the results of this study could have important policy implications. The diversity in the level of dairy cattle welfare standards found across countries may speak in favour of having shared minimum standards, both at EU level and globally. However, even among countries with a similar Benchmark score, we found a difference in the kinds of welfare provisions at work, which may make full harmonisation of standards more challenging.

Development of the PSYCHS: Positive SYmptoms and Diagnostic Criteria for the CAARMS Harmonized with the SIPS.

To harmonize two ascertainment and severity rating instruments commonly used for the clinical high risk syndrome for psychosis (CHR-P): the Structured Interview for Psychosis-risk Syndromes (SIPS) and the Comprehensive Assessment of At-Risk Mental States (CAARMS). The initial workshop is described in the companion report from Addington et al. After the workshop, lead experts for each instrument continued harmonizing attenuated positive symptoms and criteria for psychosis and CHR-P through an intensive series of joint videoconferences. Full harmonization was achieved for attenuated positive symptom ratings and psychosis criteria, and modest harmonization for CHR-P criteria. The semi-structured interview, named Positive SYmptoms and Diagnostic Criteria for the CAARMS Harmonized with the SIPS (PSYCHS), generates CHR-P criteria and severity scores for both CAARMS and SIPS. Using the PSYCHS for CHR-P ascertainment, conversion determination, and attenuated positive symptom severity rating will help in comparing findings across studies and in meta-analyses.

Harmonizing Halal in ASEAN: Analysis of Halal Food Guidelines under the ASEAN Way Approach

The research examined how ASEAN is moving towards legislative harmonization in the key economic sector of halal foods. The research investigated how ASEAN has promoted economic integration by building regional consensus regarding controversial issues, such as the definition of halal food, and discuss the role of other international instruments in building regional consensus – the “ASEAN” way. Qualitative methodology was used by integrating a historical, doctrinal, and comparative approach. The first analysis was on the process leading to adopting ASEAN halal food guidelines, which constitute the most concrete output of regional efforts to bring domestic standards closer. The following procedures were to compare and contrast these instruments substantively to identify the areas where new consensus has been found and those where disagreements persist. Finally, the research examined the potential influence of the guidelines adopted by the Codex Alimentarius Commission, the Organization of Islamic Cooperation, and MABIMS in drafting ASEAN instruments. The research concludes that despite of lengthy and difficult road to gaining consensus through the ASEAN way mechanism, member states have successfully agreed on some elements of halal standards. However, the guidelines require member states’ legislation to achieve full harmonization in addition to ASEAN soft law. Moreover, international initiatives have impacted ASEAN’s halal standards in important ways. Some issues regarding harmonization remain, such as mutual recognition and labelling, and require further investigation.

European Union Fundamental Rights Reflected in Tax Procedures. The Key for Tax Harmonisation inside The European Union?

Although it has an internal market with the aim of obtaining full tax harmonisation, the European Union is still struggling to provide a common standard for 27 different tax systems. Because there are almost no European Union tax procedural regulations, after the entry into force of the Lisbon Treaty, the fundamental rights of the EU have begun to play an increasingly active role inside the European Union. Therefore, the European Union Court of Justice is ever more often required to deliver decisions related to the compatibility between national tax procedures and the rights guaranteed by the EU Charter of Fundamental Rights. The present article aims to make a presentation of the most important decision delivered by the Court of Luxembourg and to analyse the way in which these decisions can support the European project of tax harmonisation. Keywords: Tax; Harmonisation; Procedures; Fundamental rights; EU Charter

Converting to an international unit system improves harmonization of results for SARS-CoV-2 quantification: Results from multiple external quality assessments

The detection of SARS-CoV-2 vRNA in clinical samples has relied almost exclusively on RT-qPCR as the gold standard test. Published results from various external quality assessments ("ring trials") worldwide have shown that there is still a large variability in results reported for the same samples. As reference standards of SARS-CoV-2 RNA are available, we tested whether using standard curves to convert Ct values into copies/mL (cp/mL) improved harmonization. Nine laboratories using 23 test systems (15 of which were unique) prepared standard dilution curves to convert Ct values of 13 SARS-CoV-2 positive samples to cp/mL (hereafter IU/mL). The samples were provided in three rounds of a virus genome detection external quality assessment (EQA) scheme. We tested the precision and accuracy of results reported in IU/mL, and attempted to identify the sources of variability. Reporting results as IU/mL improved the precision of the estimated concentrations of all samples compared to reporting Ct values, although some inaccuracy remained. Variance analysis showed that nearly all variability in data was explained by individual test systems within individual laboratories. When controlling for this effect, there was no significant difference between all other factors tested (test systems, EQA rounds, sample material). Converting results to copies/mL improved precision across laboratory test systems. However, it seems the results are still very specific to test systems within laboratories. Further efforts could be made to improve accuracy and achieve full harmonization across diagnostic laboratories.

PROTECTING AND UNDERSTANDING DIGITAL DESIGNS – THE SHAPE OF THINGS TO COME

This study looks into aspects of the new EU design legislation that relate to the subject-matter of digital designs and the extent to which Polish law should adapt for full harmonization. The first part examines the new open-ended definitions of a ‘design’ and ‘product’ with a focus on dematerialized items that exist solely through appearance. The second part touches upon several legal parameters serving the identification of the object of design protection. It discusses the visibility requirement embedded by the filing requirements, the eye-perception of design features, and the disconnection of the scope of protection from the designated product category. The last part takes an interdisciplinary approach based on the rules of psychology and design engineering in order to explain the issues that underline human vision, with a focus on the appearance of user interfaces. The understanding of sensory and cognitive determinants of human perception is a useful guide for a judge or examiner in the assessment of the overall impression of two designs. Because of the challenges resulting from the specificity of digital designs, this article argues that Polish law should comprehensively implement the new EU design provisions in order to prevent further difficulties in enforcement.

RESULTS AND PROSPECTS OF THE REFORMING OF TAX SYSTEM IN GEORGIA IN ACCORDANCE WITH EU REQUIREMENTS

Taxes are the main source of formation of the state budget of Georgia. 90% of the total amount accumulated in the country's budget is due to taxes. Value Added Tax (VAT) is approximately 45% of the tax structure, that is, up to 30% of income, up to 10% of income tax, and the rest is excise, import and customs duties. Taking into account the role and importance of taxes in the dynamic and stable development of the country, the article presents the opinions of the authors on the reforms of the Georgian tax system and the main directions for improving tax administration. The essence of the changes made to the tax legislation of Georgia was studied, analyzed and evaluated on the basis of empirical data; the possibility of mobilizing funds in the country's budget through the maximum harmonization of the tax system of Georgia with the best practices of the European Union was argued in this article. The authors develop the next point of view: the tax system of Georgia and its regulation are gradually approaching the European model, although certain norms of tax administration still need to be finalized. Also a full harmonization with the EU tax system is needed.

The New Harmonized Protection of Creditors in Cross-Border Mergers

Abstract This article scrutinizes the new harmonized regime of creditor protection in cross-border mergers under Art. 126 b of Directive 2019/2121. The risks that creditors face at a cross-border merger revealed the need for harmonization. The previous regime based on old Art. 121(2) of Directive 2017/1132 together with old Art. 121(1)(b) of Directive 2017/1132 referred to national law with regard to the protection of creditors in cross-border mergers, which resulted in legal diversity at EU level. The new harmonized rules are analyzed. More specifically, this article examines creditor protection through the disclosure of the solvency declaration and the common draft terms of the cross-border merger and creditor protection through the possibility of dissatisfied creditors to apply for adequate safeguards. The argument that other national law mechanisms of general company law or civil law are available in parallel with the special harmonized provisions on protection of creditors of Art. 126 b could be underpinned by the application by analogy of the findings of the CJEU in I.G.I. Srl. Various other aspects of creditor protection are examined, such as the notion of creditor and the rebuttable presumption of Art. 126b(3) of the Proposed Directive. Additionally, a few proposals to Member States for the implementation of the new provisions of creditor protection in cross-border mergers are discussed. Some future perspectives on the possibility of full harmonization in this area and a few concluding remarks are inferred.

Animal use and opportunities for reduction in carcinogenicity studies supporting approved new drug applications in the U.S., 2015–2019

A minimum of 65,341 rats and mice were used in 109 carcinogenicity studies conducted for new drug applications approved by the U.S. Food and Drug Administration from 2015 through 2019. By analyzing how these animals were used, we compared the potential for reducing animal use of implementing existing international guidelines and recommendations. The greatest reduction, 18.7%, would result from evaluating exposure by microsampling blood in main studies to replace toxicokinetics satellites, which used three-fold more mice than rats. A similar reduction, 17.3%, would result from replacing 33 long-term studies in mice with short-term studies in transgenic mice. Based on histopathology findings in chronic studies, 15 long-term studies in rats could have been waived, using 8410 fewer rats. Simply using single, rather than dual, negative control groups would result in a 7.8% reduction, and eliminating positive control groups would use 640 fewer transgenic mice. Combined, an estimated 46% reduction would be achieved, using approximately 29,876 fewer animals. The publication of an addendum to the main carcinogenicity testing guideline promises to decrease the number of long-term studies conducted in rats and mice and presents opportunity to promote full harmonization and implementation of related recommendations that would further dramatically reduce animal use.

Current state of harmonization of domestic legislation in the field of protection of consumer rights with the legislation of the European Union

The current state of harmonization of Ukrainian legislation, which protects the rights and legitimate interests of consumers in distance trade is analyzed. The current state of electronic communication (interaction) between public authorities, businesses and consumers.
 Approaches to the formation of EU secondary legislation in the field of consumer policy are revealed. The first approach, based on the principle of full harmonization, increases the level of consumption, provides a high degree of consumers protection. Another one provides Member States with the right to go beyond consumer protection, and to maintain more strict national rules, which must comply with primary EU law.
 The expediency of creating an "E-buyer" platform for sellers who carry out business activities in online stores is argued.
 It is noted that the procedure of e-seller identification will simplify the identification of the seller at the stage of online shopping, should be free and carried out by the consumer himself online.
 The innovations of draft laws on consumer protection in the remote conclusion of contracts are described.
 Amendments to the legislation on establishing the right to apply to the competent authority on restrictions, restoring access to the website of the provider (owner or owner) of electronic communications services, where the information is posted, are proposed.
 The necessity to provide a warning mechanism in case of restriction of access to e-sellers' websites and to set a deadline for providing sellers with additional time (within two days) to correct their data is considered.
 It is suggested that requests to block websites should be sent to the provider (owner or owner) of electronic communications services.
 It is noted that the procedure for restricting and restoring access to information resources should be provided only by law.

Harmonization of Private Law in the 2020s: Targeted Full Harmonization 2.0?

Harmonization of Private Law in the 2020s: Targeted Full Harmonization 2.0?

Tendencje harmonizacyjne w prawie konsumenckim Unii Europejskiej

The aim of this article is to examine the ongoing process of harmonisation of consumer law in the European Union and a trend away from minimum harmonisation in consumer law towards full (complete, maximum) harmonisation. In the field of consumer protection, the EU followed for a long time a minimum harmonisation approach and directives were based on this particular method of harmonisation. Over the last years, the EU policy on consumer protection has shifted from minimum to full harmonisation. Whereas minimum harmonisation allows Member States to adopt more protective rules, full harmonisation does not allow Member States to deviate from directives at all. This way, full harmonisation should guarantee that one uniform set of rules applies in the whole EU and directives resemble directly applicable regulations. In theory, this should contribute to legal certainty for both consumers and businesses. However, in practice, this is undoubtedly controversial. Legal doctrine indicates certain problems i.e. full harmonisation directives give rise to serious implementation problems at the national level and cause risk of decomposition of national legal orders.

The inadequate approach of Directive (EU) 2019/771 towards the circular economy

The current social context (overconsumption, planned obsolescence, etc.) will be presented in this paper to illustrate the need for the European Consumer Law to be more aligned with sustainability objectives. To this end, the relatively recent Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods will be analysed to conclude that it does not reflect any of the guidelines contained in the two Action Plans for the circular economy (2015 and 2020). Despite the fact that this Directive (EU) 2019/771 aims at full harmonization, a certain margin of manoeuvre is (fortunately) granted in favour of the Member States. Finally, a reference to the possibility of the market moving towards circularity (as there is now a greater demand for sustainable products) will also be made.