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Eucrim 1/2016
eucrim 2016 /1 THE EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM Focus: Procedural Rights and Cooperation – New Tendencies Dossier particulier: Droits procéduraux et coopération – nouvelles tendances Schwerpunktthema: Verfahrensgarantien und Zusammenarbeit – neue Tendenzen The Directive on the Presumption of Innocence and the Right to Be Present at Trial Steven Cras and Anže Erbežnik The Directive on the Presumption of Innocence. A Missed Opportunity for Legal Persons? Stijn Lamberigts Inaudito reo Proceedings, Defence Rights, and Harmonisation Goals in the EU Prof. Dr. Stefano Ruggeri Paving the Way for Improved Mutual Assistance in the Context of Customs Fraud Emilia Porebska Können die Regelungen über die Zusammenarbeit der EU-Mitgliedstaaten bei der Strafverfolgung kurzerhand aufgehoben werden? Ulrich Schulz Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer Grundlage Dr. Ralf Riegel and Dr. Franca Fülle 2016 / 1 ISSUE / ÉDITION / AUSGABE The Associations for European Criminal Law and the Protection of Financial Interests of the EU is a network of academics and practitioners. The aim of this cooperation is to develop a European criminal law which both respects civil liberties and at the same time protects European citizens and the European institutions effectively. Joint seminars, joint research projects and annual meetings of the associations’ presidents are organised to achieve this aim. Contents News* Articles European Union Procedural Rights and Cooperation – New Tendencies Foundations Procedural Criminal Law 25 The Directive on the Presumption of 2 Fundamental Rights 13 Procedural Safeguards Innocence and the Right to Be Present at 2 Area of Freedom, Security 13 Data Protection Trial. Genesis and Description of the New and Justice 15 Ne bis in idem EU-Measure 3 Schengen Steven Cras and Anže Erbežnik Cooperation 36 The Directive on the Presumption of In- Institutions 16 European Arrest Warrant nocence. -
December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Cong
December 5, 2012 Via Electronic Submission Maria Pallante Register of Copyrights United States Copyright Office Library of Congress 101 Independence Avenue, S.E. Washington, D.C. 20559-6003 Re: Comments of Sotheby’s, Inc. and Christie’s Inc. in Response to Copyright Office’s Notice of Inquiry re Resale Royalty Right, Docket No. 2012-10, 77 Fed. Reg. 58175 (Sept. 19, 2012) Dear Ms. Pallante: I am writing on behalf of Sotheby’s, Inc. and Christie’s Inc. (together, the “Auction Houses”) in response to the Copyright Office’s Notice of Inquiry dated September 13, 2012, published in the Federal Register on September 19, 2012, 77 Fed. Reg. 58175 (“Notice of Inquiry”). The Notice of Inquiry sought comment on “the means by which visual artists exploit their works under existing law as well as the issues and obstacles that may be encountered when considering a federal resale royalty right in the United States.” Id. at 58175. The Auction Houses welcome the opportunity to respond to the questions raised in the Notice of Inquiry. I. Introduction and Summary Sotheby’s, headquartered in New York, and Christie’s, headquartered in London, are the world’s two largest auction houses. Together, the Auction Houses employ more than 1,300 people in the United States and account for nearly $4 billion in sales in this country. In keeping with the international nature of the art market, the businesses of the Auction Houses are highly globalized, with a large percentage of transactions involving sellers and buyers from around the world, and each of the Auction Houses conducts auctions in many locations outside of the U.S., including Europe, China, and the Middle East. -
Review of the EU Copyright Framework
Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services. -
The European Union and Legitimacy: Time for a European Constitution Mark Killian Brewer*
Cornell International Law Journal Volume 34 Article 5 Issue 3 2001 The urE opean Union and Legitimacy: Time for a European Constitution Mark Killian Brewer Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Brewer, Mark Killian (2001) "The urE opean Union and Legitimacy: Time for a European Constitution," Cornell International Law Journal: Vol. 34: Iss. 3, Article 5. Available at: http://scholarship.law.cornell.edu/cilj/vol34/iss3/5 This Note is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. The European Union and Legitimacy: Time for a European Constitution Mark Killian Brewer* Introduction ..................................................... 555 I. Background .............................................. 558 A. The Emergence of Neoconstitutionalism ............... 558 B. The Components of Neoconstitutionalism .............. 560 1. The European Treaties Lack the Form of Traditional Constitutional Law ................................. 560 2. The European Treaties Lack the Authority of Traditional Constitutional Law ...................... 562 3. The Communities Lack a Demos .................... 563 C. The Doctrine of Supremacy and German Resistance .... 564 D. The German Legal Framework ........................ 565 E. -
José Manuel Martínez Sierra The
Zentrum für Europäische Integrationsforschung Center for European Integration Studies Rheinische Friedrich-Wilhelms-Universität Bonn D i s c José Manuel Martínez Sierra u s The Spanish Presidency Buying more than it can s i choose? o n P a ISSN 1435-3288 ISBN 3-936183-12-0 p Zentrum für Europäische Integrationsforschung e Center for European Integration Studies Rheinische Friedrich-Wilhelms-Universität Bonn r Walter-Flex-Straße 3 Tel.: +49-228-73-1880 D-53113 Bonn Fax: +49-228-73-1788 C 112 Germany http: //www.zei.de 2002 Prof. Dr. D. José Manuel Martínez Sierra, born 1971, is Professor Titular in Constitutional Law at Complutense University of Madrid since February 2002. After studies of Law, Political and Social sci- ence at Madrid, Alcalá and Amsterdam, Martínez Sierra wrote a LL.M dissertation on the European Parliament and a PhD dissertation on the structural problems in the Political System of the EU. He was a trainee at the Council of the EU and lecturer at La Laguna University (2000-2002). His recent publications include: El procedimiento legislativo de la codecisión: de Maastricht a Niza, Valencia 2002; (with A. de Cabo) Constitucionalismo, mundialización y crisis del concepto de sober- anía, Alicante 2000; La reforma constitucional y el referéndum en Irlanda: a propósito de Niza, Teoría y Realidad Constitucional, n° 7 2001; El debate Constitucional en la Unión Europea, Revista de Estudios Políticos, nº 113 2001; El Tratado de Niza, Revista Espa- ñola de Derecho Constitucional, nº 59 2001; Sufragio, jueces y de- mocracia en las elecciones norteamericanas de 2000, Jueces para la democracia, n° 40 2001. -
Flexibility Within the Lisbon Treaty: Trademark Or Empty Promise?
EIPASCOPE 2008/1 Flexibility within the Lisbon Treaty Flexibility within the Lisbon Treaty: Trademark or Empty Promise? By Funda Tekin and Prof. Dr Wolfgang Wessels1 The concept of flexibility in the European integration process has been discussed in different ways since the 1970s. Some forms may be “upwardly oriented”, representing a driving force rather than a brake on the integration process. Others may weaken integration and have a “downsizing” effect. “Enhanced cooperation”, which was first introduced by the Amsterdam Treaty, aims to provide an attractive alternative to intergovernmental cooperation outside the treaty, and to allow a group of Member States to deepen integration in particular areas without 25 affecting either the interests of others or the overall construction of European integration. The Lisbon Treaty introduces changes at all stages of the cycle: preparatory stage, initiation, authorisation, implementation, accession and termination. The conditions for enhanced cooperation remain restrictive and other forms of flexibility may seem more attractive. Consequently the prospect is for flexibility to be an empty promise rather than a trademark of the new Treaty. Introduction ○○○○○○○○○○○ flexibility are analysed in the light of the decision-making dilemma in which procedures are revised between a The idea of flexibility in the integration process has long sovereignty-led veto reflex and a functional drive for efficiency been the subject of European debate. The best-known (Hofmann and Wessels 2008). Given the restricted -
Après Enlargement, W. Sadurski/J. Ziller/K. Zurek
$SUqV(QODUJHPHQW /HJDODQG3ROLWLFDO5HVSRQVHV LQ&HQWUDODQG(DVWHUQ(XURSH HGLWHGE\ :RMFLHFK6DGXUVNL -DFTXHV=LOOHU .DUROLQD=XUHNÜ %UROPEAN5NIVERSITY)NSTITUTE 2OBERT3CHUMAN#ENTRE FORADVANCEDSTUDIES Après Enlargement: Legal and Political Responses in Central and Eastern Europe edited by Wojciech Sadurski Jacques Ziller Karolina Żurek Robert Schuman Centre for Advanced Studies European University Institute Florence, Italy © 2006 European University Institute; selection and editorial matter © Wojciech Sadurski, Jacques Ziller and Karolina Żurek; individual chapters © contributors. This text may be downloaded only for personal research purposes. Any additional total or partial reproduction for such or other purposes, whether in hard copies or electronically, require the consent of the Robert Schuman Centre for Advanced Studies. Please contact <[email protected]>. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the Robert Schuman Centre for Advanced Studies, the year and the publisher. ISBN 92-9084-019-6 Published by the Robert Schuman Centre for Advanced Studies European University Institute Via delle Fontanelle, 19 I – 50016 San Domenico di Fiesole (FI), Italy www.iue.it/RSCAS/ Printed in Italy, in January 2006 ii The Robert Schuman Centre for Advanced Studies The RSCAS carries out disciplinary and interdisciplinary research in the areas of European integration and public policy in Europe. It hosts the annual European Forum. Details of this and the other research of the Centre can be found on: www.iue.it/RSCAS/Research/ Research publications take the form of Working Papers, Policy Papers, Distinguished Lectures and books. Most of these are also available on the RSCAS website: www.iue.it/RSCAS/Publications/ iii Table of Contents Acknowledgements ...................................................................................................... -
The Role of Music in European Integration Discourses on Intellectual Europe
The Role of Music in European Integration Discourses on Intellectual Europe ALLEA ALLEuropean A cademies Published on behalf of ALLEA Series Editor: Günter Stock, President of ALLEA Volume 2 The Role of Music in European Integration Conciliating Eurocentrism and Multiculturalism Edited by Albrecht Riethmüller ISBN 978-3-11-047752-8 e-ISBN (PDF) 978-3-11-047959-1 e-ISBN (EPUB) 978-3-11-047755-9 ISSN 2364-1398 Library of Congress Cataloging-in-Publication Data A CIP catalog record for this book has been applied for at the Library of Congress. Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at http://dnb.dnb.de. © 2017 Walter de Gruyter GmbH, Berlin/Boston Cover: www.tagul.com Typesetting: Konvertus, Haarlem Printing: CPI books GmbH, Leck ♾ Printed on acid free paper Printed in Germany www.degruyter.com Foreword by the Series Editor There is a debate on the future of Europe that is currently in progress, and with it comes a perceived scepticism and lack of commitment towards the idea of European integration that increasingly manifests itself in politics, the media, culture and society. The question, however, remains as to what extent this report- ed scepticism truly reflects people’s opinions and feelings about Europe. We all consider it normal to cross borders within Europe, often while using the same money, as well as to take part in exchange programmes, invest in enterprises across Europe and appeal to European institutions if national regulations, for example, do not meet our expectations. -
Book Review. European Copyright Law: a Commentary
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2011 Book Review. European Copyright Law: A Commentary. Marshall A. Leaffer Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the European Law Commons, and the Intellectual Property Law Commons Recommended Citation Leaffer, Marshall A., "Book Review. European Copyright Law: A Commentary." (2011). Articles by Maurer Faculty. 1305. https://www.repository.law.indiana.edu/facpub/1305 This Book Review is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Book Review 737 BOOK REVIEW EUROPEAN COPYRIGHT LAw: A COMMENTARY. Michel M. Walter, Silke von Lewinski eds. Oxford: Oxford University Press, 2010. $580.50. Reviewed by MARSHALL LEAFFER* Ever since the passage of the Berne Convention of 1886, harmoniza- tion of copyright law has been a European dream. Until recently, how- ever, copyright law had varied significantly, particularly between civil law "author's rights" countries and the common law "copyright" world. This variance changed rapidly and comprehensively during the last twenty years in which copyright law in Europe has undergone realization of pan- European harmonization. Although the dream of a universal European copyright has yet to become a reality, no aspect of copyright has been left untouched by European law. In one decade, 1991-2001, the countries of Europe saw the inclusion of seven major copyright directives, covering fundamental issues such as computer programs, rental rights, satellite and cable communications, the copyright term, database rights, resale rights, and digital copyright (Information Society Directive). -
Silis Georgs.Pdf (524.9Kb)
Illegal Latvia. Methods of intellectual property right enforcement in times of peer-to-peer file sharing. BACHELOR THESIS Author: Georgs Sīlis LL.B. 2017/2018 Year student Supervisor: Ēriks K. Selga LL.M. DECLARATION OF HONOR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. RIGA (2018) Abstract This paper is intended to provide an analytical understanding as to why Latvia is the top country in the world for the percentage of the internet population that are considered pirates, i.e., internet users who acquire copyright protected works (music, audiovisual, and software) from unlawful sources, such as peer-to-peer (P2P) networks (torrents), streaming and direct downloads, and what in turn can be done to combat this in lieu of Court of Justice of the European Union of June 2017 judgment in Stichting Brein v Ziggo BV and XS4All Internet BV, which finally gave a European-Union-wide (EU) ruling on whether torrent websites violate copyright law in the sense of “communication to the public” - an exclusive right of copyright holders as defined by the Information Society Directive of 2001. The court ruled that torrent websites do indeed violate copyright law and as such an injunction against internet service providers (ISPs) is proportionate to the goals of high copyright protection goals that the EU set in the InfoSoc Directive. The work is divided into four parts: (1) copyright in the digital age and how torrents infringe copyright; (2) relevant laws governing copyright in the digital sphere; (3) resulting case law and further legislative attempts to combat illegal file sharing; (4) future of torrenting in Latvia and ways of circumventing any efforts to stem the torrent popularity. -
Union Citizenship
THE JEAN MONNET PROGRAM Professor J.H.H. Weiler European Union Jean Monnet Chair in cooperation with the MAX PLANCK INSTITUTE FOR COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW Professor Armin von Bogdandy Director of the Max Planck Institute for Comparative Public Law and International Law EUROPEAN INTEGRATION: THE NEW GERMAN SCHOLARSHIP Jean Monnet Working Paper 9/03 Stefan Kadelbach Union Citizenship Max Planck Institute for Comparative Public Law and International Law Heidelberg, 24-27 February 2003 All rights reserved. No part of this paper may be reproduced in any form without permission of the author. This project was funded by the Fritz Thyssen Foundation. ISSN 1087-2221 © Stefan Kadelbach 2003 New York University School of Law and Max Planck Institute for Comparative Public Law and International Law Abstract Union citizenship is the product of a political process which aimed at enhancing the status of the individual. Parallel to the deepening of European integration, a new role was sought for citizens that goes beyond participating in the Common Market. To achieve this goal, a strategy is followed which tries to sketch out a legal frame what has to be filled with political life. This article tries to take legal analysis and sociological aspects into account. Starting from the assumption that citizen status implies civil, social and political rights, it suggests that the existing Treaty provisions on Union citizenship are of a more symbolic nature, and that its legal potential lies in the sphere of social rights. If the ideal is creating a reflection of a full citizen status on the Union level, disappointment will be inevitable as long as the Member States remain reluctant in offering genuine political participation on both stages of the European multi-level system. -
The Impact of German Copyright Law on Copyright Law in the Nordic Countries Yesterday, Today and Tomorrow
The impact of German copyright law on copyright law in the Nordic countries yesterday, today and tomorrow DR. (LL.D.) JOHAN AXHAMN, SENIOR LECTURER The impact of German copyright law on copyright law in the Nordic countries – yesterday, today and tomorrow • Historical and international context • Establishment and early development of copyright law in the Nordic countries: 1880 – 1950 • Era of close Nordic cooperation: 1960 – 1990 • Era of EU harmonisation: 1990 – present • The future? Historical and international context • No explicit recognition of “copyright” in Roman Law • Royal privileges developed in the 16th and 17th centuries • 18th century: Introduction of copyright law in Great Britain (1710) and later in France (1791) • 1837: Introduction of copyright law in Prussia • Major copyright systems: continental (droit d'auteur), anglo saxon ”copyright” Main differences between continental and anglo saxon traditions of copyright • Justification of copyright protection and the notion of the work: - The work is an expression of the spirt of the author - The protection of the work represents a protection for the labor (investment) underlying the creation of the work • Initial author/rightholder • Contractual relationship between author and producer (exploiter) • Scope and possibility to waive moral rights • Protection of neighbouring/related rights International Copyright Treaties • Berne Convention for the Protection of Literary and Artistic Works (1886) • (Universal Copyright Convention) (1952)) • Rome Convention for the Protection of