<abstract xmlns="http://www.w3.org/1999/xhtml">

The European Union (EU) is the most generous donor of international development cooperation—it transfers more than a half of the world’s Official Development Assistance (ODA). In fact, the EU development policy is depending on three major contributors: France, Germany and the United Kingdom (UK), which are also among the top countries making the largest transfers to development cooperation. However, special attention should be paid to the UK, belonging to the avant-garde of international development cooperation. The United Kingdom is not only a part of the EU assistance wallet but also an important partner in shaping the development policy. This article attempts to answer the main research question: what impact will Brexit have on the EU development policy? The analysis covers the political plane, and the following elements will be taken into consideration: the impact of the UK’s withdrawal from the organisation on shaping the EU development policy (its geographical and thematic concentration), and the ability to fulfil development commitments, which were undertaken by the Member States and the organisation. Consequently, Brexit may lead to reshaping the EU partnership with the African, Caribbean and Pacific Group of States (ACP), as well as undermine the EU’s ability to meet its obligations in the development area.
</abstract>

The Impact of Brexit on the EU Development Policy: Selected Political Issues

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In view of the fact that technological progress is in a constant state of change, current research efforts are directed towards blockchain technology and cryptocurrencies. Starting with the description of the way blockchain technology operates, the notions of decentralisation, proof-of-work consensus, and practical immutability are explained. Further, the article examines the possibility of using cryptocurrency in order to pay remuneration, realise partial non-cash payment of remuneration or grant an award to an employee. This article presents evidence that demonstrates that remuneration in the framework of the employment relationship in Poland cannot be paid in cryptocurrency, which contributes to the performance of the protective function of labour law. The article concludes that a collective labour agreement could include a clause allowing the employer to realise partial non-cash payment of remuneration in cryptocurrency. Similar provisions could be introduced in labour law, but the Polish legislator has never adopted such a measure. The authors highlight, however, that an award can be paid in cryptocurrency even in the full amount. Next, the authors research the new tax regulations in force in Poland since 1 January 2019 and explain why it is conceptually more convincing to classify revenues from cryptocurrency trading as revenues from money capital and revenues from capital gains than as property rights. The article presents a definition of the disposal for valuable consideration of a virtual currency. The purpose of this article is also to study how high is the income tax on income earned from the disposal for valuable consideration of virtual currencies. Moreover, an overview of the legislation related to tax-deductible expenses is provided. Finally, some reflections on the cryptocurrency trading in the context of the pursuit of an economic activity are given. The review especially highlights the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the judgment of the CJEU of 22 October 2015 (<italic>Skatteverket v. David Hedqvist</italic> [2015], case C-264/14), which has impacted the approach to the VAT problem in Poland.
</abstract>

Cryptocurrencies: Some Remarks from the Perspective of Polish Employment and Tax Law

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Norway and Iceland consistently top global gender equality rankings and pioneer the introduction of various measures for increased gender diversity. Still, actual gender diversity in top- level positions is lacking. This article seeks to better understand the contradiction between gender equality as a value and the actual lack of gender diversity and presents a conceptual model built of existing literature, which draws on potential differences between values held at the societal level and the individual level, and subsequent consequences for attitudes to diversity and diversity- impacting behaviors. Conceptual propositions are set forth that can be developed into a testable hypothesis.
</abstract>

Department of Financial Engineering, Faculty of Business Management

Understanding the Nordic Gender Diversity Paradox

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The article focuses on the right to be forgotten, which is at the center of changes in the concept of human rights in the digital age. The origins of the right to be forgotten in European legal doctrine and judicial practice, as well as its relationship with autonomy and identity, are analyzed. The article also examines the significance of the new understanding of “time” and “data” for the adoption of this right, considering the influence of two key cases of the Court of Justice of the European Union, such as <italic>Google v. Spain</italic> [2014] and <italic>Google v. CNIL</italic> [2019] on the concept of the right to be forgotten. The place of this right, its connection with privacy and European data protection law is debated. The article focuses on jurisdictional issues, paying particular attention to both the right to be forgotten and the understanding of the relationship between privacy a nd freedom of expression in the European Union and the United States, and possible jurisdictional disputes around the world. The article also addresses the issue of balancing rights and legitimate interests, as well as the proportionality for applying the right to be forgotten, both in the European and global contexts.
</abstract>

The Right to Be Forgotten in the European Perspective

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The operation of a toll road typically involves an economic activity for which State aid rules apply. However, if the construction and operation of the road infrastructure is bundled and they are tendered out together, they usually fall outside the State aid regime. The reason for it lies in the fact that the use of competitive procurement procedures aim to increase the efficiency of public expenditure and to ensure a level playing field for private operators to compete for public contracts. Nevertheless, based on the European Commission’s decisional practice, it transpires that an economic advantage for a concession holder cannot be ruled out automatically, in particular when there are amendments made to the original agreement. On the example of the Autostrada Wielkopolska S.A. case, critical State aid issues are discussed, among others, the application of State aid rules to public financing of infrastructure, the amendments made to a concession contract in the light of the risk assignment problem, as well as the existence of State aid in the form of overcompensation for a concession holder. The considerations are carried out on the canvas of a concrete case; however, they are enriched by the analysis of relevant legal provisions as well as conclusions from the EU courts and the European Commission decisions made in similar cases.
</abstract>

State Aid Rules and Public Financing of Infrastructure. The Case of Autostrada Wielkopolska S.A.

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Deriving from the internal structure of Article 6 of the EU Anti-Tax Avoidance Directive, the abuse of tax law is overcome in two stages—elimination and requalification. While the elimination stage (addressing <italic>how not to tax</italic>) is harmonized by the EU for the purpose of fighting against aggressive tax planning, the requalification stage (addressing <italic>how to tax then</italic>) remains under the sovereignty of Member States. Applying such a two-level mechanism becomes problematic if there is a mismatch between these two stages so that the harmonized GAAR requires elimination of an arrangement, but the domestic law does not provide an alternative basis for taxation of it. This raises a question of whether Article 6 of the ATAD requires the Member States to impose new taxable objects regardless of the literal interpretation of Article 6(3) which recognizes the full sovereignty of Member States to decide what to tax. By applying interpretation methods used by the CJEU in its case-law—i.e., literal, contextual, teleological and comparative—the author argues that the answer to this question is “no”. This is supported by all the interpretations under the above method, while the dysfunctionality of these two stages could be overcome by treating the economic reality test as an objective test regardless of the notion of “commercial reasons” used in Article 6(2).
</abstract>

Dysfunctionality from the Sovereignty Conflict in the ATAD GAAR

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As an independent country, Estonia can decide on how to promote its economy through state intervention, at least in theory. At the same time, Estonia has been a WTO member since 1999 and an EU Member State since 2004 and must adhere to these rules. Both regimes limit a Member State’s ability to interfere in the economy, setting forth rules on when a state can interfere with consequences if the rules are not met. But these rules differ, and the same situation can have a different result depending on the rules applied. Also, both sets of rules limit the competence of a member country to interfere in economy differently, for example, the WTO applies a rather lenient ex post control while in the EU a strict ex ante control by the Commission is used. Also the consequences for failing to adhere are different. Although one of the smallest EU Member States and represented by the Commission in WTO roundtables, it is still relevant for Estonia to have a position on globally applied state interference measures, and present and protect its views, if needed. To successfully promote its economy nationally and in the EU, Estonian policymakers, like those of any other country in the same position, must know not only the applicable state interference rules but also the underlying principles thereof. The article will provide a historical overview of the framework of the supranational state aid regimes of the WTO and the EU, as well as the domestic rules of Estonia. It is aimed at reflecting the principles behind the state aid rules that the domestic policymakers must consider when designing national state interference measures. The author applies classical research methods, namely, reading and interpretation of texts, but also comparing the WTO, EU and Estonian laws on state subsidies.
</abstract>

The Origins of Supranational State Aid Legislations: What Policymakers Must Know and Adhere to. The Case of Estonia

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The issue of global economic inequality has inspired researchers to explore the potential connection between income inequalities and foreign direct investment (FDI), as it is one of the driving forces of globalization. Although there is a large body of theoretical as well as empirical studies linking these variables, the empirical literature on the relationship between FDI, production factors productivity and income inequalities is not conclusive because most scientists treat FDI as uniform. Therefore there is a lack of reliable empirical evidence on the distributional effects of FDI, especially in emerging countries, such as in Central and Eastern Europe (CEE). The research presented in the article fills this gap.
The aim of the study is to analyze the impact of the inflow of foreign direct investment on the productivity of production factors (labor, capital and total factor productivity) and income inequality of households in four Central and Eastern European countries (Poland, the Czech Republic, Slovakia and Hungary) in the period 1990–2016. The four countries were selected for analysis as a classic example of European countries transforming their economic structures and similar in terms of the level of economic development. In turn, the choice of the analysis period was related to the availability of necessary statistical data.
According to the theory of economics, the inflow of foreign direct investment should have a positive impact on production factors productivity as well as on income inequalities of households in investment receiving countries. In the study, a research method based on the study of economic literature in macroeconomics and international finance and econometric methods (vector autoregression models—VAR) was used. Results of the research suggest a significant and positive impact of greenfield investment inflow on labor productivity and total factor productivity, as well as a positive impact of brownfield investment inflow (mergers and acquisitions) on capital productivity in countries receiving investments. Moreover, the results also revealed the lack of a statistically significant impact of greenfield and brownfield investment on income inequalities in all of the examined countries. The statistical data used in the study came from the statistical databases of the Organization for Economic Cooperation and Development (OECD), the World Bank (World Development Indicators), World Income Inequality Database (United Nations University World Institute for Development Economics Research) and Total Economy Database (The Conference Board of Canada).
</abstract>

Foreign Direct Investment, Production Factors Productivity and Income Inequalities in Selected CEE Countries

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The article focuses on a metatheory of legal interpretation as provided or implied in Antonin Scalia’s famous essay <italic>A Matter of Interpretation</italic>. It is not so much textualism itself what is being analysed here as its theoretical and philosophical foundations. Following this route, the article reveals a complex ideological framework of intersections between domains of democracy, common law, <italic>stare decisis</italic>, <italic>jusnaturalism</italic> and <italic>juspositivism</italic>. By moving judicial legislative power to the forefront, the analysis opens up the existence of two rather different, if not opposite, legislative strategies in the contemporary government: a regular one, exercised by its political institutions (parliament being the main one), and a specific one, exercised by the judiciary. The article proceeds with a critical analysis of two justifications of the latter—one more formal and another more substantial. Finally, the article develops a basic practical hierarchical structure of principles or rules that should settle down legislative powers by neutralising the apparent fundamental contradiction in Scalia’s essay (i.e., being pro-democrat and pro-liberal at the same time).
</abstract>

The ‘Meta’-significance of Scalia’s <italic>A Matter of Interpretation</italic>: Reflections on a Theory and Ethics of Judicial Legislative Power

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Researchers have acknowledged that the flow of knowledge is influenced by the non-structural and structural features of networks. This paper aims to further develop an understanding of the institutional and structural features of knowledge networks by relating the brokerage roles of actors to the types and locations of organisations in biotechnology and software networks. The study is set within the context of the European Union (EU) research and innovation policy. It is designed as a social network analysis of EU research projects in biotechnology and software that took place between 1995 and 2016, wherein organisations from the Baltic States participated. The results of the study revealed that higher education and research organisations and public bodies acted as the main knowledge brokers and brokered more frequently across different regions in biotechnology networks. In software, it was the universities and research organisations that fulfilled this role. Thus, this study contributes to an understanding about the institutional and structural aspects of knowledge networks by focusing on brokers and their brokerage roles and relating these factors to specific organisation types and the locations of actors within the two sectors. It also adds the empirical context of the Baltic States in the areas of biotechnology and software collaborative research projects to the studies of knowledge networks, and offers practical suggestions for implementing collaborative research projects.
</abstract>

Brokers in Biotechnology and Software Networks in EU Research Projects

AHEAD OF PRINT

Volume 13 (2023): Issue 2 (December 2023)

Volume 13 (2023): Issue 1 (June 2023)

Volume 12 (2022): Issue 2 (December 2022)

Volume 12 (2022): Issue 1 (May 2022)

Volume 11 (2021): Issue 2 (September 2021)

Volume 11 (2021): Issue 1 (May 2021)

Volume 10 (2020): Issue 3 (December 2020)

Volume 10 (2020): Issue 2 (September 2020)

Volume 10 (2020): Issue 1 (June 2020)

Volume 9 (2019): Issue 4 (December 2019)

Volume 9 (2019): Issue 3 (September 2019)

Volume 9 (2019): Issue 2 (September 2019)

Volume 9 (2019): Issue 1 (June 2019)

Volume 8 (2018): Issue 2 (September 2018)

Volume 8 (2018): Issue 1 (June 2018)

Volume 7 (2017): Issue 2 (October 2017)

Volume 7 (2017): Issue 1 (June 2017)

Volume 6 (2016): Issue 2 (October 2016)

Volume 6 (2016): Issue 1 (February 2016)

Volume 5 (2015): Issue 2 (October 2015)

Volume 5 (2015): Issue 1 (February 2015)

Volume 4 (2014): Issue 2 (October 2014)

Volume 4 (2014): Issue 1 (June 2014)

Volume 3 (2013): Issue 3 (December 2013)

Volume 3 (2013): Issue 2 (October 2013)

Volume 3 (2013): Issue 1 (June 2013)

TalTech Journal of European Studies

 TalTech Journal of European Studies (abbreviation TJES) is a semiannual international peer-reviewed research journal (formerly known as the Baltic Journal of European Studies and Proceedings of the Institue for European Studies) with an international editorial office and extensive international editorial board. The journal is abstracted in SCOPUS, Web of Science (Emerging Sources Citation Index) and other relevant databases. Since 2020, the scope of the journal is related to digitalisation and technology implementation and their impact in the social, legal, political, economic and cultural domains in the European Union and its Member States. We kindly encourage members of the academic community to contribute to our journal. Papers submitted to the forthcoming issues will be reviewed by eminent scholars in the particular field under strict supervision of the international editorial board. Special issues    TJES 2022 Special Issue on Technology Governance will be guest edited by Dr Nikita SW Chiu (University College Dublin Innovation Academy). See the Call for Papers.  BJES 2013 Vol. 3 Issue 3 was guest co-edited by Natalia Chaban and Martin Holland (University of Canterbury, New Zealand)  BJES 2014 Vol. 4 Issue 2 was prepared in cooperation with Latvian European Community Studies Association (LECSA)  BJES 2017 Vol. 7 Issue 2 has been supported by the European Commission’s Jean Monnet Module “Digital Single Market as a New Core of European Union Studies”, project reference number 587255-EPP-1-2017-1-EE-EPPJMO-MODULE.   BJES 2018 Vol. 8 Issues 1 and 2 have been supported by the project ‘Digital Single Market as a Key Element in EU-oriented Georgian Higher Education’ (no. 155-2016-A), funded by the Estonian Ministry of Foreign Affairs in the framework of Development Cooperation and Humanitarian Aid.      Why submit  TJES is an effective channel of academic dissemination as it is widely read and distributed through Baltic and European research networks and libraries and read by policy makers as well.  Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 