In the last decade neuropsychological insights have gained influence with regard to age boundaries in legal procedures, however, in Dutch civil law no such influence can be distinguished. Recently, voices have been raised to improve children’s legal position in civil law: to reflect upon the minimum age limit of twelve years for children to be invited to be heard in court and the need for children to have a stronger procedural position. |
Search result: 6 articles
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Journal | Erasmus Law Review, Issue 1 2020 |
Keywords | age boundaries, right to be heard, child’s autonomy, civil proceedings, neuropsychology |
Authors | Mariëlle Bruning and Jiska Peper |
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Journal | Erasmus Law Review, Issue 2 2019 |
Keywords | web harvesting, data analysis, text & data mining, TDM: Proposal EU Copyright Directive |
Authors | Maria Bottis, Marinos Papadopoulos, Christos Zampakolas e.a. |
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This conference paper submitted on the occasion of the 8th International Conference on Information Law and Ethics (University of Antwerp, December 13-14, 2018) that focused on modern intellectual property governance and openness in Europe elaborates upon the Text and Data Mining (TDM) issue in the field of scientific research, which is still-by the time of composition of this paper-in the process of discussion and forthcoming voting before the European Parliament in the form of provision(s) included in a new Directive on Copyright in the Digital Single Market. TDM is included in the proposal for a Directive of the European parliament and of the Council on copyright in the Digital Single Market-Proposal COM(2016)593 final 2016/0280(COD) that was submitted to the European Parliament. |
Editorial |
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Journal | Erasmus Law Review, Issue 2 2017 |
Authors | Arnaud de Graaf |
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Editorial |
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Journal | Erasmus Law Review, Issue 1 2014 |
Authors | Prof. Arnaud de Graaf and Prof. dr. Klaus Heine |
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Article |
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Journal | Erasmus Law Review, Issue 1 2014 |
Keywords | company tax harmonisation, EU law, Internal Market, taxation policies |
Authors | Anna Sting LL.M |
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Company tax integration in the EU is yet to be realised. This article first outlines the main benefits of company tax integration for the Economic and Monetary Union, and also discusses the main legal obstacles the EU Treaties pose for harmonisation of company tax. The main problem identified is the unanimity requirement in the legal basis of Article 115 TFEU. As this requirement is currently not feasible in the political climate of the debt crisis, this article assesses possible reasons for and ways to further fiscal integration. It considers Treaty change, enhanced cooperation, soft law approaches and also indirect harmonisation through the new system of economic governance. Eventually, a possible non-EU option is considered. However, this article recommends making use of the current EU law framework, such as soft law approaches and the system of the new economic governance to achieve a more subtle and less intrusive tax harmonisation, or instead a Treaty change that would legitimately enhance and further economic integration in the field of taxation. |
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Journal | Erasmus Law Review, Issue 2 2013 |
Keywords | Eclecticism, corporate law & economics, corporate constitutionalism, loyalty-promoting instruments |
Authors | Bart Bootsma MSc LLM |
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This essay analyses the shareholder role in corporate governance in terms of Albert Hirschman's Exit, Voice, and Loyalty. The term 'exit' is embedded in a law & economics framework, while 'voice' relates to a corporate constitutional framework. The essay takes an eclectic approach and argues that, in order to understand the shareholder role in its full breadth and depth, the corporate law & economics framework can 'share the analytical stage' with a corporate constitutional framework. It is argued that Hirschman's concept of 'loyalty' is the connecting link between the corporate law & economics and corporate constitutional framework. Corporate law is perceived as a Janus head, as it is influenced by corporate law & economics as well as by corporate constitutional considerations. In the discussion on the shareholder role in public corporations, it is debated whether corporate law should facilitate loyalty-promoting instruments, such as loyalty dividend and loyalty warrants. In this essay, these instruments are analysed based on the eclectic approach. It is argued that loyalty dividend and warrants are law & economics instruments (i.e. financial incentives) based on corporate constitutional motives (i.e. promoting loyalty in order to change the exit/voice mix in favour of voice). |