欧洲联盟电子商务立法评介

欧盟电子商务立法的框架是由一体化立法、成员国立法、综合立法和专项立法共同构建而成的多层次的法律体系 ,其内容涉及网络服务、电子签名、消费者保护、司法管辖、电子货币、税收以及著作权保护等方面。从欧盟电子商务立法实践可归纳出三方面特点 ,即 (1 )就立法意图而言 ,重点在于创建欧洲电子商务统一市场 ;(2 )就欧盟法与成员国立法关系而言 ,强调相互补充、相互制约 ;(3)就立法的重点而言 ,兼顾内部立法、国际条约和行业自律的制定。     

Cost-benefit Analysis of Infrastructure Projects in an Enlarged European Union: Returns and Incentives

We consider results of cost-benefit analysis (CBA) in a large sample of ISPA (Structural Instrument for Pre-Accession countries) projects co-financed by the European Union to support investment in transport and environment. The research focus is on the empirical analysis of the variability of financial and economic rates of return and how to integrate this information in the EU co-financing mechanism. We investigate to what extent the variability of expected returns and of EU co-financing rates is due to structural project characteristics (sectors, countries) or to other unexplained factors, including errors in the appraisal. We find that while the absolute level of grants is related to sectors, the EU co-financing rate depends on countries. There is no justification in economic analysis of such a country bias, because the variability of economic rate of returns is unrelated either to sector or country factors. These findings points to the need of a more consistent approach to evaluation and EU co-financing of infrastructure supported by the EU funds. We suggest possible improvements, based on the idea to offer an incentive to projects with high-expected economic␣rates of return relative to a benchmark and showing ex-post the realism of the initial analysis.      

欧盟环境政策实施初探

经过30多年的努力,欧盟环境政策从产生到发展,不断拓展了环境保护的领域和视野。其广泛细致的环境立法、持续有效的环境行动计划和多元灵活的政策实施手段,是政策体系完善和政策实施效果的有力保证。本文简要介绍了欧盟环境政策的概念和发展历程,并试图从多方面分析欧盟环境政策得以成功实施的原因,着重介绍和分析了欧盟环境政策的多元化实施机制,以期为我国环境法的实施提供借鉴经验。     

欧盟职业资格认证体系改革及其对东北亚区域劳动力合作的启示

劳动力在地区之间的流动存在许多障碍,缺乏对知识、技能和职业资格的统一评价标准劳动力的自由流动将尤为困难。2002年,欧盟开始实施对职业资格认证体系的改革,新的欧盟职业资格认证系统包含三个子认证体系:职业资格认证的一般体系、以工作经验作为证明的自动的资格认证体系、特殊行业的自动职业认证体系。欧盟职业资格认证体系改革的目的是保证劳动力的自由流动,这对东北亚地区劳动力合作提供了可以借鉴的范例。     

Intra-EU Labor Mobility: A Key Pillar of the EU Architecture Subject to Challenge

Intra-EU labor mobility is often characterized as a major contributor to better functioning European labor markets. Does the evidence of recent cross-border labor mobility support this positive expectation? Does the EU live up to its potential of being a role model by showing that managing free movement of labor in turbulent times is possible? We will show that, in spite of its potential, the challenges facing free movement of labour are tremendous. We address four important aspects: enlargement; transitional measures and their consequences; the crisis and its effects; and the potential offered by free movement for better labor allocation.     

Regulating internet platforms in the EU - The emergence of the ‘Level playing Field’

This paper analyses the European Union's regulatory policy on platforms. The first part of the paper looks at the how the EU formulates platform policy while the second analyses the proposed and existing laws that already cover them. The final part looks at the consequences of the level playing field as the guiding regulatory principle. The main argument is that EU regulatory intervention concerning platforms seeks to bring linear providers in line with platforms through the "level playing field" or, in other words, that the EU seeks to protect the incumbents and minimise disruption rather than enhance the value-creating potential of platforms.     

Effective approaches to regulate mobile advertising: Moving towards a coordinated legal,self-regulatory and technical response

This article aims to contribute to the ongoing discourse about the issue of privacy in the mobile advertising domain. The article discusses the fundamental principles and information practices used in digital environments for protecting individuals' private data. Major challenges are identified that should be addressed, so that fair information principles can be applied in the context of m-advertising. It also points out the limitations of these principles. Furthermore, the article discusses a range of models that is available for regulating the collection, use and disclosure of personal data, such as legislation, self-regulation and technical approaches. It is intended to promote an effective approach to improve consumer privacy in the mobile advertising domain.