Environmental mediation: an instrument for collaborative decision making in territorial planing
In: Territorio della Ricerca su Insediamenti e Ambiente: TRIA ; rivista internazionale di cultura urbanistica, Volume 52, Issue 104
ISSN: 2281-4574
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In: Territorio della Ricerca su Insediamenti e Ambiente: TRIA ; rivista internazionale di cultura urbanistica, Volume 52, Issue 104
ISSN: 2281-4574
In: European Review of Private Law, Volume 27, Issue 6, p. 1251-1278
ISSN: 0928-9801
The article scrutinizes the European Framework for consumer ADR and ODR with the purpose of uncovering how Europe aims to develop ADR and ODR in EU MS in order to deliver justice and ensure a better enforcement of EU consumer protection rules and a better functioning of the markets. It deepens on the transformations in the ADR systems required to better fulfil the new functions assumed by the certified ADR entities and the role that the technology may play inside efficient certified consumer ADR entities. The domestic implementation of EU law in Spain and Portugal rather seems to perpetuate the pre-existing systems although wrapped up in European packaging with a ribbon on top. The exam reveals the existence of a further path for improvement and for obtaining additional advantages that could lead to a better functioning of the markets and a more suitable encompass with the philosophy that underlies the EU Regulatory Framework. The article explores different ways to move forward and achieve a higher degree of compliance with the ADR/ODR Regulatory Framework.
ADR, ODR, Consumer Redress, European Regulatory Framework, Consumer Arbitration System, Spanish Law, Portuguese Law.
Robotics is an unavoidable reality in today's global society. Nevertheless, issues relating to the civil liability and taxation of robots still represent an important field of scientific research. According to the International Robotics Federation, 420,870 units of industrial robots were sold in 2019 and in Europe the average density of robots in industry was 14% per 10,000 employees in 2018. This study aims to analyse the legal concerns of robotization (introduction of robots in organizations) at civil and tax liability level. To this end, will be made a compilation of legal prescriptions which may undergo changes due to the progressive robotization in Portugal. Based on this legal compilation, will be studied which legal changes have to be introduced or if they are necessary, in order to produce a positive balance between the inevitable changes operated by robotization (e.g. reduction of current jobs, tax revenues decrease or responsibility disclaimer for possible damage caused by robots) versus the insurmountable need for tax revenue so that the State can continue to provide quality public services and implement public policies that are fundamental to the country's sustainable development. Legal regulation is the path outlined in the European Commission's White Paper on Artificial Intelligence presented on 19/02/2020, which supports a regulatory approach with a dual objective of promoting robotization and address the risks associated with certain uses of this new technology. Analysing how legislation at civil and tax liability level should serve to compensate and rebalance the impact of robotization in Portugal is the basis of this paper. ; info:eu-repo/semantics/publishedVersion
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