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Registration of a Company of Foreign Interests in Cyprus and employment of third country nationals

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Author: Maria Rousia, Associate Lawyer at Dionysiou & Partners LLC (Cyprus) Introduction Although generally a Cyprus company must give priority in employment recruitment to Cypriots and EU nationals before attempting to employ third country nationals, there is an exception enabling companies of foreign interests to give priority to the employment of third country nationals instead of locals and EU nationals, provided that certain requirements are met. The main aim of the above exception was the attraction of foreign investments. The criteria that companies must meet in order to benefit from this decision, the categories of staff and the maximum numbers of third country nationals who can be employed in each category of staff are described below. Eligible Companies The company must be a private company and third country shareholders should own the majority of the company’s shares (percentage equal or more than 50% of the total share capital). It is important to note that a company is con…

Brexit: Consequences for the Court of Justice of the European Union

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The Court of Justice takes formal notice of the fact that the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU has the effect of bringing to an end the mandates of the British Members of the Institution with effect from 31 January 2020 at midnight.  The number of Judges of the Court of Justice and of the General Court, fixed at one for each Member State for the Court of Justice and two for each Member State for the General Court, is therefore reduced with immediate effect at the time of the UK’s withdrawal from the EU.  On the other hand, in accordance with the declaration of the Conference of the Representatives of the Governments of the Member States of 29 January 2020 on the consequences of the UK’s withdrawal from the EU for the Advocates General of the Court of Justice, the number of Advocates General of the Court of Justice, fixed at eleven by the Council Decision of 25 June 2013(2013/336/EU: Council Decision of 25 June 2013 increasing the number …

Rule of law in Poland and Hungary has worsened

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The EU’s discussions with Poland and Hungary have not yet led these countries to realign with the EU’s founding values, Parliament warned last January. In a resolution adopted with 446 votes to 178 and 41 abstentions, MEPs note that reports and statements by the Commission, the UN, OSCE and the Council of Europe indicate that “the situation in both Poland and Hungary has deteriorated since the triggering of Article 7(1)”. MEPs point out that the hearings organised by the Council under Article 7 of the Treaty are neither regular nor structured. They call on the Council to address concrete recommendations to the countries concerned, including deadlines, to ensure EU law is respected. “The failure by the Council to make effective use of Article 7 continues to undermine the integrity of common European values, mutual trust and the credibility of the European Union as a whole”, claims the EP. The text also urges the Commission to use all tools at its disposal to prevent a serious breach of com…

A journalist before criminal court for his comment on twitter against a judge

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Moroccan journalist and activist Omar Randy will stand trial in Morocco in March on charges of insulting a judge via Twitter, according to the Observatory for Human Rights. Randy, a 33-year-old award-winning journalist who has been involved in corruption reporting in Morocco and has worked with various international media outlets, was due to be sentenced on January 2, 2020, but the case was postponed. According to CNN, Randy faces up to one year in prison if he is eventually convicted of a tweet he made nine months ago against a judge. Several people rallied in support of Randy outside the country's parliament in the capital Rabat demanding his acquittal and speaking about revenge against a reporter for investigative journalism. Last April, Randy posted a critical comment about a judge who upheld the verdict against a protest movement. The leaders of the protest movement were sentenced in June 2018 to 20 years in prison, the Human Rights Watch said. "Let us all remember that Judge…

Emily O’Reilly re-elected as European Ombudsman

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Emily O'Reilly has been re-elected as European Ombudsman, by Parliament with 320 votes in favour out of 600 votes cast. Her second mandate will last for five years.
"I am delighted to have been re-elected for a second term. I wish to sincerely thank my fantastic campaign team for the huge effort over the past four months, I wish to thank my colleagues in the Office for all their hard work over the past five years, and today most of all, I wish to thank the Members of the European Parliament,” said Ms O’Reilly. "For the next five years, I will help ensure the EU maintains the highest standards in administration, transparency and ethics. Europeans expect and deserve nothing less. One priority will remain tackling the lack of the transparency of EU law making by national governments in Brussels. We need to stop the ‘blame Brussels’ culture, when often it is citizens’ own national Ministers taking the key decisions in the EU. I will also be holding President Von der Leyen to he…

Justibus: The new free and traveling legal assistance project

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An innovative proposal for those who are not easy to go to the law firm for legal services presented the Justibus program. The new free and traveling legal assistance project was set up in Belgium by the French Order of the Brussels Bar. The JUSTIBUS project is an initiative of the Legal Aid Commission of the French Bar Association of Brussels, with the support of the Minister of Justice Houses in charge of front-line legal aid of the Government of the Wallonia-Brussels Federation- under the leadership of Vinciane Gillet, member of the CCBE Quality sub-group.  Since 14 October 2019, the JUSTIBUS has been travelling in the 19 municipalities of Brussels, according to an established schedule, to provide free legal aid to people in precarious situations. Several volunteer lawyers run mobile hotlines and receive people to provide them with legal information that could potentially help their situation. However, volunteer lawyers and trainee lawyers do not perform legal acts. If necessary, the…

Airbnb is not required to hold an estate agent’s professional licence as it did not notify the Commission of that requirement in accordance with the Directive on electronic commerce

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ECJ: Airbnb case- France cannot require Airbnb to hold an estate agent’s professional licence as it did not notify the Commission of that requirement in accordance with the Directive on electronic commerce.
By its judgment of 19 December 2019, Airbnb Ireland (C-390/18), the Grand Chamber of the European Court of Justice held, first, that an intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation services, while also providing a certain number of services ancillary to that intermediation service, must be classified as an ‘information society service’ under Directive 2000/31 on electronic commerce.[1] Secondly, the Court found that, in criminal proceedings with an ancillary civil action, an individual may oppose the application to him or her of measures of a Member State restricting the freedom to provide such a service which that individual p…