Proposal for a REGULATION on Markets in Crypto-assets

Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Markets in Crypto-assets, and amending Directive (EU) 2019/1937

200924-crypto-assets-proposal_en

Pubblicato in Crypto | Lascia un commento

USA: Executive Order on Addressing the Threat Posed by TikTok

https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/TikTok

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address the threat posed by one mobile application in particular, TikTok.

Pubblicato in China, natsec, trade wars | Lascia un commento

USA: Executive Order on Addressing the Threat Posed by WeChat

WeChat

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). As I explained in an Executive Order of August 6, 2020 (Addressing the Threat Posed by Tiktok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain), the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States. To protect our Nation, I took action to address the threat posed by one mobile application, TikTok. Further action is needed to address a similar threat posed by another mobile application, WeChat.

Pubblicato in China, natsec, trade wars | Lascia un commento

The Court of Justice invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

Judgment in Case C-311/18 Press and Information Data Protection Commissioner v Facebook Ireland and Maximillian Schrems
July 16, 2020

cp200091en

20200716 CJEU Schrems II

Pubblicato in cloud, data, data localization, natsec, USA | Lascia un commento

Commission adopts White Paper on foreign subsidies in the Single Market

foreign_subsidies_white_paper

Commission_adopts_White_Paper_on_foreign_subsidies_in_the_Single_Market

Pubblicato in China, lawfare, natsec, trade, trade restrictions, trade wars, WTO | Lascia un commento

WTO and National Security: SAUDI ARABIA – MEASURES CONCERNING THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Panel Report

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Statement by President VON DER LEYEN on the recent ruling of the German Constitutional Court

Brussels, 10 May 2020
The recent ruling of the German Constitutional Court put under the spotlight two issues of the European Union: the Euro system and the European legal system.
We take good note of the clear statement of the European Court of Justice of 8 May.
In the same vein, the European Commission upholds three basic principles: that the Union’s monetary policy is a matter of exclusive competence; that EU law has primacy over national law and that rulings of the European Court of Justice are binding on all national courts.
The final word on EU law is always spoken in Luxembourg. Nowhere else.
The European Commission’s task is to safeguard the proper functioning of the Euro system and the Union’s legal system.
We are now analysing the ruling of the German Constitutional Court in detail. And we will look into possible next steps, which may include the option of infringement proceedings.
The European Union is a community of values and of law, which must be upheld and defended at all times. This is what keeps us together. This is what we stand for.

Statement_by_President_VON_DER_LEYEN

Pubblicato in EULaw | Lascia un commento

Schuman Declaration: 70 years on

Aiming to secure peace in Europe after the horrors of the Second World War, the Schuman Declaration proposed cooperation among European countries in two key economic areas central to rearmament and warfare: coal and steel. As an institutional framework for this cooperation, the Schuman Declaration proposed the creation of the first supranational organisation in Europe, the European Coal and Steel Community (ECSC). Established in 1952, the ECSC laid the foundations for today’s European Union (EU). The Schuman Declaration is therefore seen as the EU’s founding act. Presented by the French Foreign Minister, Robert Schuman, on 9 May 1950, this year marks the 70th anniversary of the Schuman Declaration.

Pubblicato in EULaw | Lascia un commento

Press release following the judgment of the German Constitutional Court of 5 May 2020

The Directorate for Communication of the Court of Justice received many enquiries concerning the judgment delivered by the German Constitutional Court on 5 May 2020 regarding the European Central Bank’s PSPP programme.
The departments of the institution never comment on a judgment of a national court.
In general, it is recalled that the Court of Justice has consistently held that a judgment in which the Court gives a preliminary ruling is binding on the national court for the purposes of the decision to be given in the main proceedings. In order to ensure that EU law is applied uniformly, the Court of Justice alone – which was created for that purpose by the Member States – has jurisdiction to rule that an act of an EU institution is contrary to EU law. Divergences between courts of the Member States as to the validity of such acts would indeed be liable to place in jeopardy the unity of the EU legal order and to detract from legal certainty. Like other authorities of the Member States, national courts are required to ensure that EU law takes full effect. That is the only way of ensuring the equality of Member States in the Union they created. The institution will refrain from communicating further on the matter.

cp200058en

cp200058it

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GLI EFFETTI DELL’EMERGENZA COVID-19 SU COMMERCIO, INVESTIMENTI E STRUMENTI FINANZIARI TRANSNAZIONALI

LINK Università di Teramo

Pubblicato in Corona Virus, investments, natsec, trade restrictions | Lascia un commento

Rule of Law: European Commission launches infringement procedure to safeguard the independence of judges in Poland

Today, the European Commission launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new law on the judiciary of 20 December 2019, which entered into force on 14 February 2020.

Link

Rule_of_Law_Poland

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Coronavirus: The EU and 21 other WTO Members pledge to ensure well-functioning global food supply chains

tradoc_158718

Pubblicato in Corona Virus, trade, WTO | Lascia un commento

ECB takes steps to mitigate impact of possible rating downgrades on collateral availability

ECB to grandfather until September 2021 eligibility of marketable assets used as collateral in Eurosystem credit operations falling below current minimum credit quality requirements
Appropriate haircuts will apply for assets that fall below the Eurosystem minimum credit quality requirements
Decision reinforces broader package of collateral easing measures adopted by the Governing Council on 7 April 2020, which will also remain in place until September 2021
ECB may decide further measures, if needed, to continue ensuring the smooth transmission of its monetary policy in all jurisdictions of the euro area
The Governing Council of the European Central Bank (ECB) today adopted temporary measures to mitigate the effect on collateral availability of possible rating downgrades resulting from the economic fallout from the coronavirus (COVID-19) pandemic. The decision complements the broader collateral easing package that was announced on 7 April 2020. Together these measures aim to ensure that banks have sufficient assets that they can mobilise as collateral with the Eurosystem to participate in the liquidity-providing operations and to continue providing funding to the euro area economy.
Specifically, the Governing Council decided to grandfather the eligibility of marketable assets and the issuers of such assets that fulfilled minimum credit quality requirements on 7 April 2020 in the event of a deterioration in credit ratings decided by the credit rating agencies accepted in the Eurosystem as long as the ratings remain above a certain credit quality level. By doing so, the Governing Council aims to avoid potential procyclical dynamics. This would ensure continued collateral availability, which is crucial for banks to provide funding to firms and households during the current challenging times.

ECB and the downgrade on collateral availability

Pubblicato in Corona Virus | Lascia un commento

The New Grey Power

https://www.youtube.com/watch?v=cTMRilrgmiI&t=930s

The new morphology of power

Pubblicato in EULaw | Lascia un commento

Un sondaggio di SWG

Secondo un sondaggio di SWG il 54% degli italiani pensa che la globalizzazione stia distruggendo la nostra economia. Il 52% considera la Cina un paese amico, il 32% la Russia. Quasi metà degli italiani (45%) crede invece che i nostri nemici siano i tedeschi, e il 38% i francesi.

Abbiamo una brutta notizia per l’opinione pubblica italiana: l’Italia è un paese ESPORTATORE, e il commercio estero sostiene migliaia di posti di lavoro. I nostri migliori partner commerciali sono gli altri paesi europei, verso i quali ogni anno esportiamo DIECI VOLTE quello che esportiamo verso Russia e Cina messe insieme.

comitatoventotene.eu

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The impact of the Covid-19 pandemic on global and EU trade

tradoc_158713

Pubblicato in Corona Virus, trade, WTO | Lascia un commento

OPCW Releases Report concludes units of the Syrian Arab Air Force used chemical weapons in Ltamenah, Syria in March 2017

THE HAGUE, Netherlands – 8 April 2020 – The Organisation for the Prohibition of Chemical Weapons (OPCW) released today the findings of the first report by the OPCW Investigation and Identification Team (IIT). The IIT is responsible for identifying the perpetrators of the use of chemical weapons in the Syrian Arab Republic where the OPCW Fact-Finding Mission (FFM) has determined that chemical weapons have been used or likely used in Syria.
The IIT’s first report sets out its mandate, the legal and practical challenges of its work, and the findings of the investigations conducted between June 2019 and March 2020, focusing on the incidents in Ltamenah, Syrian Arab Republic on 24, 25, and 30 March 2017. The IIT’s investigation and analysis included a comprehensive review of all of the information obtained including: interviews with persons who were present in the relevant places at the time of the incidents, analysis of samples and remnants collected at the sites of the incidents, review of the symptomatology reported by casualties and medical staff, examination of imagery, including satellite images, and extensive consultation of experts. The investigation relied on relevant FFM reports as well as on samples and other material obtained directly by the Technical Secretariat in the territory of Syria.

REPORT

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EUROGROUP: Report on the comprehensive economic policy response to the COVID-19 pandemic

REPORT EUROGROUP.pdf

Pubblicato in Corona Virus | Lascia un commento

Decreto sui poteri speciali nei settori strategici

DECRETO-LEGGE 8 aprile 2020, n. 23
Misure urgenti in materia di accesso al credito e di adempimenti
fiscali per le imprese, di poteri speciali nei settori strategici,
nonche’ interventi in materia di salute e lavoro, di proroga di
termini amministrativi e processuali. (20G00043)
(GU n.94 del 8-4-2020)

decreto-legge n. 23 dell’8 aprile 2020

Pubblicato in Golden Power | Lascia un commento

The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice

The Court of Justice of the European Union adapts in order to guarantee the continuity of the European public administration of justice

cp200046en

Pubblicato in Corona Virus | Lascia un commento

Lettera del Presidente Conte alla Presidente della Commissione europea Ursula von der Leyen

Lettera

Lettera del Presidente del Consiglio alla Presidente della Commissione europea

Pubblicato in Corona Virus | Lascia un commento

Mitigating unemployment risks in an emergency (SURE) following the COVID-19 outbreak

Proposal for a COUNCIL REGULATION
on the establishment of a European instrument for temporary support to mitigate unemployment risks in an emergency (SURE) following the COVID-19 outbreak

support_to_mitigate_unemployment_risks_in_an_emergency_sure_0

Pubblicato in Corona Virus | Lascia un commento

UN Adopts Resolution Urging Global Cooperation on COVID-19

UNITED NATIONS — The U.N. General Assembly unanimously approved a resolution Thursday recognizing “the unprecedented effects” of the coronavirus pandemic and calling for “intensified international cooperation to contain, mitigate and defeat” the COVID-19 disease.

The assembly did not approve a resolution sponsored by Russia calling for U.N. solidarity in the face of the challenges posed by the new virus and urging an end to trade wars, protectionist practices and unilateral sanctions without U.N. Security Council approval.

Pubblicato in Corona Virus | Lascia un commento

UN Security Council working methods in the midst of Covid 19

UN Security Council working methods in the midst of Covid 19

Pubblicato in Corona Virus, United Nations | Lascia un commento

By refusing to comply with the temporary mechanism for the relocation of applicants for international protection, Poland, Hungary and the Czech Republic have failed to fulfil their obligations under European Union law.

Court of Justice of the European Union
Luxembourg, 2 April 2020
Judgment in Joined Cases C-715/17, C-718/17 and C-719/17 Press and Information Commission v Poland, Hungary and the Czech Republic

cp200040en

Pubblicato in migrazioni - migrations | Lascia un commento

art. 15 ECHR activation

Faced with the COVID-19 pandemic, Georgia, Latvia, Romania, Moldova, Armenia, and Estonia have activated Article 15 of the European Convention on Human Rights.

Pubblicato in Corona Virus | Lascia un commento

L’epidemia, la crisi economica e lo stallo europeo: l’Unione europea alla prova decisiva della solidarietà

Andrea Fracasso, L’epidemia, la crisi economica e lo stallo europeo.

Pubblicato in Corona Virus | Lascia un commento

Newly declared states of emergency must include a time limit and parliamentary oversight, OSCE human rights head says

https://www.osce.org/odihr/449311

WARSAW, 30 March 2020 – Emergency legislation being adopted by governments across the OSCE region must include a time limit and guarantee parliamentary oversight, said the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) ahead of a vote in Hungary to extend emergency measures earlier adopted in the EU member state. ODIHR is systematically monitoring the content and consequences of the states of emergency being declared in response to the COVID-19 pandemic.

Pubblicato in Corona Virus | Lascia un commento

Holding Carisma: EMERGENZA SANITARIA COVID – RIFLESSIONI SU EMERGENZA SANITARIA, ECONOMICA E VALORIALE

http://www.holdingcarisma.it/it/news/covid_articolo_nr2_gc-58.html

Pubblicato in Corona Virus | Lascia un commento

Corona and Schengen borders control

14 Schengen countries have notified the European Commission of the reintroduction of border controls due to threats related to the spread of COVID-19:

Belgium, Czechia, Denmark, Germany, Estonia, Spain, Lithuania, Hungary, Austria, Poland, Portugal, Finland, Switzerland and Norway.

A number of other Schengen countries have introduced restrictions on movement of persons that affect internal borders, such as temporary bans on non-essential travel:

France, Italy, Latvia, Malta, the Netherlands, Slovakia, and Slovenia.

Pubblicato in Corona Virus | Lascia un commento

The Medical Shock & the Economic Shock, a Pocket Lecture by Professor Richard Baldwin

Pubblicato in Corona Virus | Lascia un commento

The Defense Production Act (DPA) and COVID-19

The United States faces drug and medical supply scarcities due to disrupted supply chains and increased demand.

In response, the President may exercise emergency authorities under the Defense Production Act of 1950 to address supply shortages and economic development impacts.

During a press conference on March 18, 2020, the President indicated that he would invoke the DPA to address domestic essential goods and materials shortages caused by the pandemic.

https://www.fema.gov/defense-production-act-program

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Lawfare Live: National Security After the Coronavirus

Pubblicato in natsec | Lascia un commento

Pandemic emergency purchase programme PEPP

DECISION (EU) 2020/440 OF THE EUROPEAN CENTRAL BANK of 24 March 2020 (ECB/2020/17) on a temporary pandemic emergency purchase programme

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Article 4
Purchase amounts
Purchases shall be carried out under the PEPP to the extent deemed necessary and proportionate to counter the threats posed by the extraordinary economic and market conditions on the ability of the Eurosystem to fulfil its mandate. In order to enable the effectiveness of this exceptional decision, the consolidation of holdings under Article 5 of Decision (EU) 2020/188 (ECB/2020/9) shall not apply to PEPP holdings.

Pubblicato in Corona Virus | Lascia un commento

Guidance to the Member States concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (FDI Screening Regulation)

COMMUNICATION FROM THE COMMISSION
Guidance to the Member States concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe’s strategic assets, ahead of the application of Regulation (EU) 2019/452 (FDI Screening Regulation)

Communication Coronavirus Regulation 2019/452

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Pubblicato in Corona Virus, FDI, investments, natsec, trade, trade restrictions, trade wars | Lascia un commento

Webinar: The eurozone in the Coronavirus crisis: should the ECB finance governments?

The corona crisis has led governments to take extraordinary budgetary measures to avoid an implosion of the economy. This is likely to lead to permanent increases in government debt levels. The most severely hit countries face the legacy of unsustainable debt levels that will trigger new sovereign debt crises in the future. The first best solution would be to issue Corona (Euro)bonds that aim at spreading the cost of the crisis over all member countries. If that is not possible, the ECB should step in and monetise the Corona-induced government debt. As for the legal implications: “Salus populi suprema lex”.

This debate will be held online and will be followed by a Q&A session via ZOOM.us.

Instructions: This webinar will be hosted by CEPS on ZOOM.us. To join, simply click on the following link when the event starts: https://zoom.us/j/284787017. You will be able to ask questions using the Q&A option in ZOOM. If you have any questions, please email info@ceps.eu.

SPEAKERS:

Paul de Grauwe (LSE and KUL)
Daniel Gros (CEPS and Berkeley)
EVENT DETAILS:

Date: 26.03.2020, Thursday
Time: 14:00 – 15:00
Webinar link: https://zoom.us/j/284787017

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USTR: Response to Coronavirus Crisis

Invites Public Comments to Identify Additional Products Potentially Helpful to U.S. Response

Washington, DC – Throughout the process of administering its Section 301 action to combat China’s acts, policies and practices related to technology transfer, intellectual property, and innovation, the United States has prioritized health considerations, and it is taking additional action for that objective today.

In imposing tariffs on goods from China as part of the Section 301 action, the United States determined to not impose tariffs on certain critical products such as ventilators, oxygen masks, and nubilators. In addition, over the past year, USTR granted exclusions for a large number of health-related products. Notably, the imposition of tariffs on certain Chinese imports has not resulted in an overall decline in the availability of needed medical equipment and supplies. In fact, U.S. imports in 2019 of all critical medical and pharmaceutical products were up over 20 percent since 2017, before Section 301 tariffs were imposed.

Prior to the coronavirus outbreak, USTR and the Department of Health and Human Services worked together to ensure that critical medicines and other essential medical products were not subject to additional Section 301 tariffs, including parts needed for MRI devices, combined PET/CT scanners, certain radiation therapy equipment, air purification equipment, and parts of homecare beds; sterile electrosurgical tools; digital clinical thermometers; and more.

Today, in an effort to keep current on developments in our national fight against the coronavirus pandemic, USTR has opened a docket for members of the public, businesses, and government agencies to submit comments if they believe further modifications to the 301 tariffs may be necessary. This comment process does not replace the current exclusion process and supplements that process. Submissions are limited to comments on products subject to the tariff actions and relevant to the medical response to the coronavirus.

USTR

USTR: Response to Coronavirus Crisis | United States Trade Representative

Pubblicato in China, sanctions, trade wars | Lascia un commento

Mario Draghi: We face a war against coronavirus and must mobilise accordingly

https://www.ft.com/content/c6d2de3a-6ec5-11ea-89df-41bea055720b

We face a war against coronavirus and must mobilise accordingly

Pubblicato in EULaw | Lascia un commento

Letter to the President of the European Union

Letter President EU-

Pubblicato in investments, trade, trade restrictions | Lascia un commento

Bachelet calls for easing of sanctions to enable medical systems to fight COVID-19 and limit global contagion

Arabic | Chinese | French | Russian | Spanish

GENEVA (24 March 2020) – Broad sectoral sanctions should urgently be re-evaluated in countries facing the coronavirus pandemic, in light of their potentially debilitating impact on the health sector and human rights, UN High Commissioner for Human Rights Michelle Bachelet said Tuesday.

“It is vital to avoid the collapse of any country’s medical system – given the explosive impact that will have on death, suffering and wider contagion,” Bachelet said. “At this crucial time, both for global public health reasons, and to support the rights and lives of millions of people in these countries, sectoral sanctions should be eased or suspended. In a context of global pandemic, impeding medical efforts in one country heightens the risk for all of us.”

OHCHR

OHCHR | Bachelet calls for easing of sanctions to enable medical systems to fight COVID-19 and limit

Pubblicato in Iran, sanctions, trade wars, USA | Lascia un commento