Intelligent connected mobility 4.0: Regulatory concepts

2022 ◽  
pp. 1023263X2110614
Author(s):  
Olga Shevchenko
Keyword(s):  
European Union ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Technological Development ◽  
Connected Vehicles ◽  
Market Penetration ◽  
The European Union ◽  
Cross Border ◽  
Legal Concepts

The last decade reflects undeniable rapid growth in intelligent connected mobility in the European Union and internationally. Whereas automotive producers united forces to address the projected technical difficulties vis-à-vis the deployment of Intelligent Connected Vehicles through coordinated efforts and partnerships, academia is committed to clarifying fundamental new regulatory concepts to reveal potential and foreseeable legal inconsistencies in such technological development. The lack of a determination of the fundamental legal concepts or the vague and ambiguous determination of essential regulatory concepts creates overall legal uncertainty and is considered an obstacle to ensuring the smooth market penetration of Intelligent Connected Vehicles in the European Union. This article claims its contribution to existing literature by integrating further unambiguous and specific regulatory concepts in the context of the regulation of Intelligent Connected Vehicles. This article addresses: (i) the prerequisites for uniform Intelligent Connected Vehicles’ fundamental regulatory concepts based on complex retrospective analysis vis-à-vis road traffic accidents involving conventional vehicles and (ii) the prototype of regulatory concepts that need to be established and accurately distinguished for intelligent connected mobility 4.0, with the cross-border element at the European Union level.

A Victim of a Road Traffic Accident not Fastened by a Seat Belt and Contributory Negligence in the EU Motor Insurance Law

2014 ◽  
Vol 5 (1) ◽  
pp. 115-123 ◽  
Author(s):  
Vadim Mantrov
Keyword(s):  
European Union ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Seat Belt ◽  
Civil Liability ◽  
The European Union ◽  
Insurance Law ◽  
Contributory Negligence ◽  
Motor Insurance

This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injured, and this raises a question whether such victim may be compensated due to contributory negligence. This note provides a brief summary of the previous case law, facts, review of Advocate's General Opinion and the judgment and their analysis.

scholarly journals Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance

2021 ◽  
Vol 20 (2) ◽  
pp. 33-40
Author(s):  
Jasmina Djokic
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Third Party ◽  
Liability Insurance ◽  
Criminal Offense ◽  
Eu Member States ◽  
Cross Border ◽  
National Courts ◽  
Limitation Periods

The commencement of calculation of the period of legal limitation for compensation of damage from motor third party liability insurance is a problem for which the consensus either on scientific or practical level has not been achieved. This is mostly significant in cases where the damage was caused by a criminal offense. Recent decisions of national courts and Court of Justice of European Union leads to non-appliance of the privileged limitation period towards the motor third party liability insurer. It seems to be justified having in mind that longer period of legal limitation is prescribed as some kind of punishment against its offender. Appliying of the same period towards the insurer, infriges the fair balance between the parties, and lets the insurer mandatory to make the objections and prove the facts that are difficult to be proven due to passing of the time. The another doubtful question is determination of legal limitation for subrogation claims. Since the source of obligation in those cases is compensation of damage, and not the payment for another person, the only fair solution is the appliance of the same legal limitation period for both the insurer and the policyholder, or the claimant, to the third party liability insurer. National legislations of EU member states contain completely different legal limitation periods so it causes the legal uncertainity, especially in cross-border cases. That was the reason why the EU legislator started with procedure of harmonization of the rules on linitation, with intention of enacting of a new Directive on common limitation periods for cross-border road traffic accidents. By taking of the legislation initiative on EU level, the higher level of protection of the cross-border accident victims would be achieved. However, only if national legislators would, Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance by implementation of the Directive and its proposed term for limitation of 4 years, prescribe the same term for domestic traffic accidents victims, the desired consensus would finally be achieved. At the same time, the costs occured due to the lack of harmonization would be avoided.

Ensuring transport safety by police authorities and units of member states of the European Union

2021 ◽  
Vol 28 (4) ◽  
pp. 301-309
Author(s):  
Andrii Chervinchuk ◽  
Yevheniia Pylypenko ◽  
Mykola Veselov ◽  
Ruslan Pylypiv ◽  
Olga Merdova
Keyword(s):  
European Union ◽  
Police Officers ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Transport Infrastructure ◽  
The European Union ◽  
Road Traffic Accidents ◽  
Academic Paper ◽  
Transport Safety ◽  
The Impact

Police authorities and units are a separate link in the system of ensuring all levels of national security, including a transport one. Globalization, technological progress and urbanization are leading to an increase in vehicular transports and freight carriage, which makes it necessary to ensure transport safety. The purpose of the academic paper is as follows: to identify the factors that affect transport safety and the impact of police authorities and units of the European Union on transport safety. In order to achieve the purpose outlined the following methods have been used, namely: statistical analysis, correlation, factor analysis, generalization and analogy. It has been established that there is a positive interrelationship between the number of police officers, the number of road traffic accidents and the number of casualties on the road in Cyprus. A negative interrelationship has been proved between the number of police officers and the number of road traffic accidents in Germany, Finland, Greece, Belgium and Sweden. The positive interdependence has been revealed between the number of police officers and casualties of road traffic accidents in Cyprus, Germany, Finland, and a negative interdependence in Greece, Belgium, Sweden. It has been found that there is a low level of interdependence between the number of cars and the number of road traffic accidents in Sweden and Germany, a negative interrelationship in Cyprus, Greece, Belgium and Finland. Factors influencing transport safety have been established, namely: legislative regulation, level of introduction of innovative digital technologies, transport infrastructure, geographical location, length of roads, psychophysical factors of drivers, social ones. It has been proved that police authorities and units, taking into account other factors that affect transport safety, do not sufficiently ensure transport safety in the European Union

scholarly journals Level of First Aid Skills Among Drivers in Russia and the European Union

2020 ◽  
Vol 18 (1) ◽  
pp. 230-243
Author(s):  
A. V. Popov ◽  
U. M. Kaimakova ◽  
N. P. Stetsky
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Road Transport ◽  
First Aid ◽  
Medical Professional ◽  
The European Union ◽  
The Russian Federation ◽  
Medical University

The Russian Federation occupies one of the first places in terms of road transport mortality. While the countries of the European Union play a special and significant role in reducing global indicators of road traffic mortality. The objective of the study is to compare the level of knowledge on first aid techniques among drivers in the Russian Federation and EU countries. In continuation of the previous work, in the framework of which a study was conducted by interviewing citizens of the Russian Federation according to the questionnaire developed by the authors, the number of respondents increased from 107 to 403 people. To compare the indicators, 402 European Union citizens were surveyed. The survey was conducted in May–September 2018 and in January and June 2019. A direct survey was conducted by the students of VPI (branch) of VolSTU and Volgograd State Medical University. The platform https://docs.google.com/forms was also used, a link to the questionnaire was posted in the most active driver communities in the social networks Vkontakte and Facebook. According to the data received, Russian driving schools are much more likely to neglect conducting first aid classes than European ones. EU respondents were much less likely to encounter the need for first aid, which may be due to the shorter time for arrival of a team of doctors at the scene of an accident. The most significant discrepancies were revealed in drivers’ knowledge regarding issues related to application of a hemostatic tourniquet, indications of beginning of cardiopulmonary resuscitation and its methods, and actions in case of fractures of the extremities, i.e. critical in cases of traffic accidents. The general preliminary conclusion, subject to fruther detailing, is drawn that more attention is paid to first aid issues in the EU. To improve the situation in Russia, a number of measures have been proposed: compulsory medical classes at driving schools by a medical professional, greater attention to training in first aid techniques in educational institutions, training of special services for first aid skills and facilitating the training of ordinary citizens.

TERRITORIAL COHESION POLICY IN THE CONTEXT OF EU REGIONAL SECURITY

2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Regional Security ◽  
The European Union ◽  
Cohesion Policy ◽  
Cross Border ◽  
Territorial Cohesion ◽  
Interregional Cooperation ◽  
The Eu

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

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