Taxation DEFs

TEU

Treaty on European Union : Sets EU values, institutions, procedures.

TFEU

Treaty on the Functioning of the EU : Defines EU competences and detailed rules.

GDPR

EU personal data protection framework.

Free flow of non-personal data Regulation

Bans unjustified data localisation.

DSA

Rules for safer online platforms.

DMA

Ex-ante obligations for digital gatekeepers.

DGA

Framework for trusted data sharing.

Data Act

Rules on access and use of data from connected products.

AI Act

Risk-based regulation of AI systems.

ePrivacy Regulation

Proposed rules for electronic communications privacy.

EU Competition Logic

Protects effective competition and the internal market.

Antitrust

Prohibits cartels and abuses of dominance.

Merger control

Reviews concentrations to avoid market harm.

State aid control

Prevents distortive government subsidies.

Gatekeepers & Digital Markets

DMA obligations for dominant platforms.

SME Over-regulation debate

Compliance burdens hinder cross-border activity.

Creative Destruction

Innovation replaces outdated industries.

Trade Conflicts

Tariffs and unilateralism disrupt value chains.

Data as an Asset

Legal framing turns data into capital.

Code of Capital

Law structures assets to generate power and value.

Surveillance Capitalism

Extraction of behavioural data for prediction.

EU Data Strategy

Building a digital single market for data sharing.

US regime

Fragmented sectoral laws.

China PIPL

Strict data controls and localisation.

India DPDP Act

Digital-focused personal data law.

Why regulate AI

Manage risks, bias, opacity, safety issues.

Unacceptable risk

Prohibited AI uses.

High-risk

Strict compliance duties.

Limited risk

Transparency obligations.

Minimal risk

Free use.

AI system definition

Machine-based, autonomous, adaptive systems producing influential outputs.

Council of Europe AI Convention

Human-rights-based international AI treaty.

Rule of Law State

Power limited by higher norms.

Brutal State

Executive claims unrestricted authority.

Moral Contract

All branches obey superior rules.

Judicial Legitimacy

Earned via reasoning and restraint.

Rule of Law & Capitalism

Predictability enables investment.

Substantive Legal Analysis

Examines real-world effects of law.

Material Law

Law as applied in practice.

European Commission

Initiates laws, enforces treaties.

European Parliament

Co-legislator and democratic oversight.

Council of the EU

Member-state ministers adopting laws.

European Council

Strategic direction by heads of state.

CJEU

Ensures correct application of EU law.

European Court of Auditors

Controls EU financial management.

OECD

Global tax and economic standards.

WTO

Rules-based global trading system.

Council of Europe

Human rights and anti-corruption frameworks.

IFRS Foundation

Sets global accounting standards.

ISDA

Standardises derivatives contracts.

ICC

Issues Incoterms for trade.

Private governance

Private standards shaping markets.

Surveillance Capitalists

Firms monetising user data.

Behavioural surplus

Extra data extracted beyond service needs.

Behavioural futures

Predictions sold for targeted influence.

Instrumentarian power

Behaviour steering via digital design.

Permission Culture

Strong IP requiring permission to use content.

Trafigura

Example of corporate liability in corruption cases.

Vulture Capitalism

Profiting from distressed assets or debt.

Cultural Commons

Shared creative resources.

Creative Commons licences

Tools enabling lawful sharing.

Data/Knowledge Commons

Shared infrastructures for data.

Global Commons

Shared global resources needing cooperation.

Economic impact

Large losses, weakened governance.

EU Anti-Corruption Directive

Harmonised EU offences and sanctions.

CFSP sanctions

Foreign-policy tool against corrupt actors.

FCPA

US ban on foreign bribery by companies.

Crypto laundering

Weak controls enabling illicit flows.

Globalisation and Tax Gaps

Profit shifting and erosion of tax bases.

Profit shifting

Moving profits to low-tax jurisdictions.

Intangibles

Mobile assets easily relocated.

OECD BEPS

Measures against base erosion.

Global minimum tax

Floor on corporate taxation.

EU state-aid enforcement

Attacks selective tax rulings.

Country-by-country reporting

Transparency on global profits.

Trade & taxation links

Tariffs and uncertainty distort markets.

Inequality

Tax gaps reduce public resources.

Jean-Jacques Rousseau

Rule of Law State; Brutal State.

Rémy Heitz

Moral contract behind the rule of law.

Christophe Soulard

Judicial legitimacy based on reasoning and prudence.

Katharina Pistor

Code of Capital; legal construction of intangibles enabling tax gaps.

Shoshana Zuboff

Surveillance Capitalism; behavioural surplus; behavioural futures; instrumentarian power.

Enrico Letta

Letta Report / Competitiveness Compass.

Lawrence Lessig

Free Culture; Permission Culture; Cultural Commons; Creative Commons licences.

Philippe Aghion & Peter Howitt & Joel Mokyr

Creative destruction and innovation dynamics.

Georges Farjat

Substantive legal analysis; material law.