Suchergebnisse

AbstractThis article offers some general thoughts on the rule of law in international economic law. It begins by briefly defining the rule of law and indicating the legal sources on which it is based. It then shows that the TFEU, confirmed by the case law of the Court of Justice, requires the rule of law to be respected in the conduct of the Union's commercial policy. However, although the rule of law may be favourable to international trade and investment, it is not indispensable to them. The rule of law is conducive, but not essential, to trade and investment. For businesses, the risks associated with a weak respect for the rule of law represent a cost, which they take into account when setting the price of their products. Finally, it should be remembered that the principles of the rule of law do not apply in the same way in the domestic sphere as in international law. This article is intended as a panoramic introduction to the relationship between the rule of law and international economic law. More specialised studies are published later in this issue, including analyses focusing on trade or investment or national perspectives, such as that of China.

Abstract

1The new Belgian Code of Companies and Associations, enacted in 2019, abolished the use of capital in the limited liability company. This important reform led to various changes in the rules applicable to this type of company, although several aspects of the previous regime generally associated with the concept of capital still remain in place. This article briefly describes the changes made in 2019 (2.) but also recalls the rules that have not been substantially modified (3.). It then brings together some observations on the economic players' behaviour after almost four years of practice under the new rules (4.).2

This study provides an overview of the importance and activities of employment agencies as well as their legal framework (WTO, ILO, EU) in the EU Member States and closely examines their role in selected countries, while focusing on temporary work agencies, a significantly growing market within the EU. Due to limited data, there is no clear-cut result on the agencies' longer-term impact. However, the four identified market types (market driven, social dialogue based, legislator driven and emerging markets) are analysed through country cases regarding national regulations, the treatment of workers and everyday functioning of the agencies. It becomes evident that there is a wide diversity of the branch, which needs to be taken into account when reviewing EU Directive 2008/104/EC.