Zoekresultaten
![Fiscaal_sprookje](/sites/default/files/2023-03/fiscaal_sprookje_mlr.jpg)
… Zoekresultaten 12 september 2017 door: in Law In his decision of September 7th 2017 the State Secretary for Finance approves that under the tax agreements of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates the exemption method is applied. (Dutch only) Het “probleem” dat het besluit “oplost”, laat zich eenvoudig schetsen. De Golfstaten heffen geen belasting van inwoners en niet-inwoners over inkomsten uit … en niet over een obscuur technisch detail. De staatssecretaris acht belasting betaling in Nederland nu toch in strijd met “het principe van kapitaalimportneutraliteit voor actieve inkomsten” zoals omschreven in de Notitie Fiscaal Verdragsbeleid 2011 (paragraaf 1.3.2.). Toepassing van de verrekeningsmethode zou bovendien de “concurrentiepositie” van de Nederlandse werknemers in de Golfstaten schaden (lees: hun netto-loon zou lager zijn dan dat van hun in de Golfstaten wonende …
![Brexit_ agriculture_oilseed-rape](/sites/default/files/2023-03/brexit_-agriculture_oilseed-rape_mlr.jpg)
… Zoekresultaten 17 september 2017 door: in Law The apportionment of the EU’s tariff rate quotas is key when assessing the legal implications of Brexit for the UK's agricultural sector. It is unclear if the UK will manage to establish in-quota tariffs for the products of its interest that replicate the existing levels. Upon Brexit, the UK’s rights and obligations as a WTO Member will no longer be exercised by the EU on its behalf. The identification of the UK’s quantified post-Brexit … under the WTO Agreement on Agriculture would not be the most controversial post-Brexit issues, although WTO law provides no directly applicable provisions for this. However, the UK has considerably benefited from some of the established EU-28 tariff rate quotas and that has led to import reliance upon certain agricultural commodities. Tariff rate quotas do not limit the quantity of imports per se but allow enhanced access to a market for a limited quantity of goods by virtue of a low …
![international law](/sites/default/files/2024-01/law-6598281_1280.jpg)
… 25 januari 2024 door: W.C.L. Muller A.S. Galand in Law A brief explainer about the ICJ case brought by South Africa against Israel On 29 December, almost three months after the 7 October Hamas attacks on Israel and the ensuing Israeli military strikes on the Gaza Strip, which had by then resulted in the deaths of more than 21,000 people and more than 55,000 wounded or injured, the Republic of South Africa initiated legal proceedings against the State of Israel before the International … of the Crime of Genocide (Genocide Convention). What is South Africa asking for? South Africa bases its claim that Israel is violating the Genocide Convention on two main points. First, it argues that the way in which Israel conducted its military operation showed a pattern of disregard for the lives of civilians, especially children – citing a UNICEF Spokesperson that ‘Gaza has become a graveyard for children’. Genocidal acts, as listed in Article II of the Convention, are being perpetrated with the specific intent to destroy the Palestinian population in Gaza—a group protected under the Genocide Convention. Second, South Africa asserts that statements made by Israel's political and military leaders, including prime minister Benjamin Netanyahu , amount to incitement to genocide, thereby violating Article …
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… Zoekresultaten 3 februari 2020 door: in Law On February 1 st , the UK has left the EU. This (has had or) will inevitably have an impact on unitary IP rights at EU level. Unitary IP rights such as the Community Plant Variety Right will no longer be valid after the transition period in the UK. What does this mean for holders of a Community Plant Variety Right (CPVR)? If you are a breeder, a CPVR holder, a grower of plants … the British Government. Her human right protected by the European Convention on Human Rights (ECHR) in Article 1 of the First Protocol to the Convention will no longer be provided to her. Friday 31 st of January was the last day in heaven for all Unitary IPR holders; on 1 February, their right lost a limb. Can right holders of CPVR re-apply to get a UK national right? With Brexit, the unitary plant variety right is only valid in the EU 27MS. It is currently unclear how the UK will protect plant …
![Bulgaria’s zero refugee integration policy and beyond](/sites/default/files/2023-03/barbed-wire-250822_960_720.jpg)
… Zoekresultaten 14 september 2015 door: E.C.H.J. van der Linden in Law On 8 September 2015 State Secretary for Justice and Security Klaas Dijkhoff announced that from now on only refugees who have applied for asylum in a safe place outside the EU would be accepted in the Netherlands. The government wants to put an end to asylum-seekers placing their fate in the hands of human traffickers. The State Secretary says that drowning, suffocation and human trafficking must be stopped for good. If an asylum-seeker makes an application for asylum in a safe place beyond the EU borders in the future, following the assessment of their application they will be … will be returned to a safe non-EU area. These areas include countries such as Turkey and Jordan. In exchange for these safe hotspots the Netherlands would amply cooperate with the proposed mandatory allocation of refugees within the EU. The State Secretary acknowledged that the plan is unachievable in the short term. There are further objections, however. There is no legal basis in EU law. The responsibility and liability of EU member states and other actors is obscure. The qualification standards …
![Brexit blog Prashant Mexican standoff](/sites/default/files/2023-03/brexit-blog-prashant-mexican-standoff_mlr.jpg)
… of the United Kingdom’s withdrawal fast approaching, it is becoming increasingly evident that the British government still has no clear plan, relies on wishful thinking and is running out of viable options. To prevent a complete disaster, a much more targeted salvaging operation might be required. Better Things To Do Thus, Theresa May stays on – by default, limping to the finish line, as she no longer commands a majority or any meaningful authority within her party. Due to this absence of … off the ground (paired with plenty of strikes to provide added political seasoning) and Spain’s Pedro Sánchez might still have to contend with the possibility of a fresh election (in a year in which Sweden will also go to the polls in its parliamentary election). It is against this background that Brexit merely appears as a necessary nuisance to be dealt with. This recalls the atmosphere during the purported renegotiation of the UK’s relationship with the EU, carried out on the initiative of … requiring participation in the customs union, and the retention of environmental standards mandated by EU law. These amendments were duly voted down by the House of Lords last week, with the votes necessary to reach a majority being recruited from a group of around 15 Europhile MPs led by former Attorney General Dominic Grieve (yes, he who is now being attacked by extremist Brexit supporters for his French origins). In order to win the vote, Mrs May apparently promised that provision for a …
![Italian President Sergio Mattarella at the European Parliament](/sites/default/files/2023-03/italian-president-sergio-mattarella-at-the-european-parliament.jpg)
… Zoekresultaten 20 juni 2018 door: in Law On 27 May 2018 Italy was thrown into a post-election political and constitutional turmoil when Italian President Sergio Mattarella refused to appoint the designated Minister of Economy and Finance, Paolo Savona, proposed by the Five Star Movement and the League. While not the first time that an Italian President has vetoed the proposed composition of government, it was the first time that he did so on political grounds – in this case because of Savona’s opposition to the single … a comparative perspective and examine how such a right is interpreted under the German and French Constitutions in comparison with the Italian Constitution. Despite heavy criticisms against his decision and calls for his impeachment by the the Five Star Movement and the League, Mattarella’s refusal to appoint Savano was in accordance with the provisions of the Italian Constitution. Article 92 of the Italian Constitution states that “[t]he President of the Republic appoints the President of the …
![Plane](/sites/default/files/2023-03/pexels-alexandr-podvalny-1003864.jpg)
… Zoekresultaten 11 januari 2022 door: in Law Can consumers with suspicion of unfair commercial practices linked to the voluntary compensation scheme make the aviation sector more sustainable? Does the EU Directive on Unfair Commercial Practices play a role in this? The aviation sector is working towards more sustainable ways of flying. Consumers can be involved in making this sector more sustainable. Many airlines and separate (non-profit) organisations offer possibilities to contribute to voluntary compensation schemes. Although there are a wide variety of different schemes available, depending on the provider, such schemes can generally be described as ways to compensate for greenhouse gasses caused by the aviation sector. Specifically, the … rights organisation. Eventually, they can start legal proceedings. It may be irrational for consumers to actually initiate legal proceedings for this purpose given the cost-benefit analysis. Therefore, it will be mainly up to the consumer rights groups and public authorities to ensure compliance with the Directive. Further reading (in Dutch): A.van den Eshof & C. Cauffman, ‘Consumentenbescherming bij vrijwillige compensatie van de CO2 -uitstoot van vliegreizen’, Tijdschrift voor …
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… in Law Our pensionland is in a state of flux; especially when it comes to the regulation of cross-border pensions. On 17 January, the Lower House debated the Future Pensions Act (WTP). It is surprising that in the more than 100 hours of parliamentary debates and many hundreds of pages of parliamentary discussion, hardly any attention was paid to the cross-border aspects of our future pension or the impact on European pension legislation. This might give the impression that there are no border effects, but nothing could be further from the … immutability for the Netherlands. The Court ruled that two of the Dutch conditions for entitlement to value transfer of the accrued pension were an obstacle to the free movement of workers. The Netherlands cannot appeal these ECJ rulings. State Secretary of Finance Van Rij has indicated he will make the required adjustments to the Pensions Act and tax laws and regulations. If the state secretary delivers on his promise, it will be another small step towards freer movement of workers, where …
![Good or bad](/sites/default/files/2023-03/good_or_bad.jpg)
… entire field is indoctrinated with apparent contradictions that are fundamental in order to explain our psyche. Great minds have tormented themselves on the quest to find the definite answer. I will shed my thoughts on a couple of them one by one, starting with one of the most important ones. Are humans innately good or sheer evil? So welcome to this episode of celebrity death match. In the red corner, Thomas Hobbes. In the blue, Jean-Jacques Rousseau. These heavy weights have been in a battle … that stuff. I won’t do to others what I won’t like other people doing to me. If I end up like a hobo with a lack of musical talent on the street but I try to make the most of it, I would like people to appreciate my ambition with a euro so I don’t starve to death. This can hardly be classified as altruism, because I sincerely doubt it actually exists. I want to think that the good things I do are for the sake of humanity, but I can’t ignore the lingering feeling that I just do it so I am at ease … so is very wrong. Yet we haven’t learned from our past mistakes and still act like imbeciles way too often. On top of this, we mostly engage in behavior that is deemed undesirable by society when nobody is watching or when you have the power of a group to back you up. I can only conclude with: Mankind is evil, but at least we are able to control ourselves to a reasonable extend. What do you think? About the author Joep van Agteren studied Psychology at Maastricht University. He was …