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1.
eIDAS interoperability and cross-border compliance issues
Marko Hölbl, Boštjan Kežmah, Marko Kompara, 2023, izvirni znanstveni članek

Opis: The eIDAS Regulation provides a common foundation for secure electronic interaction between citizens, businesses, and public authorities. We investigated and identified interoperability and cross-border compliance issues in this paper. We have identified the following weaknesses: Organizational independence, remote access to banking services, remote video identification, use of electronic signatures in public administration, commercial access to the eIDAS network, biometric authentication mechanisms, and, finally, some technical issues with the mechanisms used to provide security and authentication in eIDAS nodes.
Ključne besede: eIDAS, interoperability, cross-border compliance, heterogeneity, European Union
Objavljeno v DKUM: 12.02.2024; Ogledov: 68; Prenosov: 4
.pdf Celotno besedilo (346,67 KB)
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2.
Analysis and improvements of the mechanisms for cross-border interchange and activation of the regulating reserves : doctoral dissertation
Marcel Topler, 2022, doktorska disertacija

Opis: This Doctoral Thesis deals with the mechanisms for cross-border interchange and activation of the regulating reserves (RRs), i.e., Imbalance Netting Process (INP) and Cross-Border Activation of the RRs (CBRR), between participating Control Areas (CAs), to reduce the costs of balancing energy. The main objective of INP is to interchange the RRs between participating CAs with opposite signs of interchange power variation. In comparison, the main objective of CBRR is to activate the RRs in participating CAs with the same signs of interchange power variation. Both the INP and CBRR aim to release the RRs and reduce balancing energy as part of the power system's safe operation. The Thesis's main objective is to analyze the impact of the mechanisms for cross-border interchange and activation of the RRs on mutual oscillations of participating CAs and stability for small disturbances. The Thesis's secondary objective is to analyze the impact of the INP and CBRR on frequency quality, on the provision of Load-Frequency Control (LFC), on balancing energy and unintended exchange of energies between participating CAs. Frequency quality in Continental Europe (CE) has been declining in recent years, so it is important that the mechanisms for cross-border interchange and activation of the RRs do not further impair its quality. Both the classic INP and CBRR include a frequency-dependent contribution and, therefore, inherently affect the frequency response of the participating CAs, which is not discussed in the literature. Thus, the impact of the classic INP and CBRR on frequency quality and the provision of LFC is thoroughly evaluated with dynamic simulations of a three-CA test system and eigenvalue analysis of a two-CA system. It is demonstrated that both the classic INP and CBRR reduce the damping of the entire power system. Therefore, a modified implementation of the classic INP and CBRR is presented, and improved INP and CBRR are proposed, which have no impact on the mutual oscillations of participating CAs and stability for small disturbances. Furthermore, the dynamic simulations results confirm that the frequency quality can be improved by the classic INP and CBRR, although there are also cases where it can deteriorate. However, the improved INP and CBRR generally improve the frequency quality in all cases. The improved INP and CBRR also enhance the provision of LFC compared to the classic INP and CBRR. Moreover, the improved INP and CBRR reduce the unintended exchange of energies, thus increasing the economic effects of the INP's and CBRR's activation. The improved INP increases energy exchange, therefore positive economic benefits can be expected in comparison to the system with the classic INP. However, the improved CBRR reduces energy exchange, therefore positive economic benefits can be expected in comparison to the system with the classic CBRR, since energy exchange is paid by CA via bidding process.
Ključne besede: load-frequency control, imbalance netting, cross-border activation, balancing energy, regulating reserves, eigenvalue analysis, performance indicators, area control error, rate of change of frequency, control area
Objavljeno v DKUM: 09.03.2023; Ogledov: 367; Prenosov: 76
.pdf Celotno besedilo (14,64 MB)

3.
Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: Ciprus
Despina Christophi, Demetra Loizou, 2022

Opis: Applying a systematic approach, this report addressess the main features of enfrocement titles in Cyprus. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Ključne besede: enforcement title, cross-border enforcement, Italy, EU law, civil procedure law
Objavljeno v DKUM: 20.12.2022; Ogledov: 334; Prenosov: 24
.pdf Celotno besedilo (4,00 MB)
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4.
Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: Italy
Maria Kaczorowska, Alessia Voinich, Martina Previatello, 2022

Opis: Applying a systematic approach, this report addressess the main features of enfrocement titles in Italy. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Ključne besede: enforcement title, cross-border enforcement, italy, EU law, civil procedure law
Objavljeno v DKUM: 20.12.2022; Ogledov: 328; Prenosov: 24
.pdf Celotno besedilo (5,82 MB)
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5.
Casebook on European Order for Payment Procedure and European Small Claims Procedure
2022, zbornik

Opis: Publication Case studies on European order for payment procedure and European small claims procedure was created as part of the Train to Enforce project and is the result of the collaboration of eight faculties of law across Europe. The publication contains numerous case studies focusing on European order for payment procedure (Regulation No. 1896/2006) and European small claims procedure (Regulation No. 861/2007). Case studies focus on both the practical and theoretical aspects of the European order for payment procedure and European small claims procedure. They will promote self-learning on cross-border debt collection in the EU.
Ključne besede: case study, european order for payment procedure, european small claims procedure, cross-border debt colletion, civil and commercial matters.
Objavljeno v DKUM: 30.05.2022; Ogledov: 576; Prenosov: 67
.pdf Celotno besedilo (3,73 MB)
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6.
The cross-border enforcement of court settlements within Brussels Ia Regulation : from a European and an Austrian perspective
Philipp Anzenberger, 2020, izvirni znanstveni članek

Opis: Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.
Ključne besede: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Objavljeno v DKUM: 15.01.2021; Ogledov: 669; Prenosov: 0

7.
Patient safety in cross-border care
Eva Turk, Stephen Leyshon, Morten Pytte, 2015, izvirni znanstveni članek

Opis: Patient safety is a right and it raises particular issues in the context of cross-border care. Patients should be able to have trust and confidence in the healthcare structure as a whole; they must be protected from the harm caused by poorly functioning health systems, medical errors and adverse events. This paper addresses the state of cross-border healthcare in the European Union, the state of patient safety, the question of quality assurance and the role of accreditation as a risk based approach.
Ključne besede: patient safety, cross-border care, accreditation, healthcare, EU
Objavljeno v DKUM: 08.10.2018; Ogledov: 945; Prenosov: 118
.pdf Celotno besedilo (427,83 KB)
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8.
Comparative analysis of ART in the EU : cross-border reproductive medicine
Gordana Kovaček-Stanić, 2015, izvirni znanstveni članek

Opis: The need for cross-border reproductive medicine exists for several reasons. Some are due to the fact that some states do not permit particular ART procedures; thus couples travel to the state where needed procedure is allowed (surrogate motherhood, embryo donation, posthumous fertilization). Other situations are due to the fact of who is entitled to ART procedures. In some states ART procedures are not allowed to same-sex couples or a single woman. The consequence of the cross-border reproductive medicine might be that the born child becomes parentless (“limping legal parentage”) and stateless. Since the best interest of the child is the paramount principle in contemporary family law, it is most important to find solutions for these situations. The most complicated issues are the consequences arising from international surrogacy arrangements. The Hague Conference on private international law is working on these issues trying to find the best solutions.
Ključne besede: cross-border, reproductive medicine, child, parentage, Hague Conference, EU
Objavljeno v DKUM: 08.10.2018; Ogledov: 868; Prenosov: 69
.pdf Celotno besedilo (375,59 KB)
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9.
Characteristics of Austrian remedies against enforcement and a general analysis of their suitability for achieving the objectives of Brussels I recast
Bettina Nunner-Krautgasser, 2015, izvirni znanstveni članek

Opis: Regulation No 1215/2012 (Brussels Ia or Brussels I Recast) was another big step forward towards the establishment of a genuine European judicial area. In the wake of the Brussels I Recast, two facts have rather soon become apparent: One, several well- known (or better: infamous) issues are sadly still unsolved. And two, some other issues have emerged. Because of the abolishment of the “exequatur procedure”, esp. the issue of remedies against enforcement, in both the Member State of origin as well as in the Member State of enforcement, has gained more importance again. Therefore this paper analysis the characteristics of Austrian remedies in enforcement and their suitability for achieving the objects of Brussels I Recast.
Ključne besede: Brussels I Recast, remedies in enforcement, cross- border enforcement, abolition of “exequatur”, Art. 46 Brussels I a Recast, grounds for refusal of the enforcement, implementation in the national system of remedies in enforcement
Objavljeno v DKUM: 02.08.2018; Ogledov: 1029; Prenosov: 56
.pdf Celotno besedilo (440,07 KB)
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10.
Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, izvirni znanstveni članek

Opis: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Ključne besede: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Objavljeno v DKUM: 23.07.2018; Ogledov: 902; Prenosov: 34
.pdf Celotno besedilo (120,61 KB)

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