The acquis communautaire in the Association Agreement with the European Union: challenges, opportunities, and proposals for the San Marino legal and economic system.

Subject

The research project aims to examine the breadth of theacquired Community law within the framework of the Association Agreement between the European Union and San Marino, specifically focusing on civil, commercial, criminal, and tax law. This study represents crucial relevance for the Republic of San Marino and could be developed into stable training courses within the Department, available over the medium to long term. This initiative would allow for a thorough examination of the impact of the legislative harmonization required by the agreement, carefully assessing the advantages and challenges San Marino will face in the process of integrating into the European single market.

The core of the project lies in a detailed analysis of the European Union regulations referred to in the agreement, with particular attention to the provisions relating to corporate law (including the regulation of investment and asset protection instruments, such as trusts), civil law (including consumer protection, and in particular the weaker party with reference to the financial market), anti-fraud measures, cooperation in criminal matters, and good governance in the tax field (understood as a set of tax policy choices compatible with EU law and aimed at ensuring greater competitiveness of the country system in compliance with the principles of EU and OECD law). The primary objective is to survey the actual scope of theacquired Community law in these strategic sectors for the evolution of the San Marino legal system, carefully evaluate the impact of previous case law in the various sectors (with a systematic and comprehensive analysis of the case law of the Court of Justice of the European Union – and where relevant of the European Court of Human Rights -) on the San Marino legal and economic system, precisely identifying the areas requiring greater attention and consequently suggesting targeted legislative interventions.

Another key aspect of the project is to study the implications of adhering to European standards in terms of competitiveness, investment attractiveness, and the protection of San Marino economic operators. In this context, it is essential to analyze the regulatory and administrative compliance procedures that San Marino will need to undertake to ensure proper application of theacquired Community, paying particular attention to the oversight and dispute resolution mechanisms provided for by the agreement and to the relevance of the precedents of the Court of Justice of the European Union.

Learning outcomes

A research project on the incidence ofacquired Community review of the legal system of San Marino within the framework of the Association Agreement of San Marino to the EU could have as its primary objective that of analyzing in detail the impact of European regulatory integration on the good governance of the Republic.

This would involve assessing how the adoption of EU regulations can promote administrative transparency, institutional accountability, and the competitiveness of the country system in the areas of corporate, tax, and civil law (with particular regard to trust legislation).

Un focus specific attention could be paid to the analysis of anti-corruption measures and measures to combat financial crime and tax evasion, essential elements for ensuring the stability of the San Marino system and its solidity under the scrutiny of the Union bodies.

A second fundamental objective is to evaluate how theacquired Community legislation can increase the country's competitiveness from a legal standpoint. This requires an in-depth study of the effects of regulatory harmonization on key sectors of the San Marino economy, such as the financial, banking, and commercial sectors, with particular attention to the tax sector, including aspects relating to compliance and confidentiality customs.

Status of works

FIRST YEAR
Phase 1: Preliminary analysis and definition of the theoretical framework
(Expected implementation time: 1-3 months)

Phase 2: In-depth analysis of theacquired community in specific sectors
(Expected implementation time: 4-7 months)

Phase 3: Development of proposals and recommendations
(Expected implementation time: 8-12 months)

SECOND YEAR
Phase 4: In-depth analysis of specific topics and analysis of case studies
(Expected implementation time: 13-14 months)

Phase 5: Drafting and publication of final results
(Expected implementation time: 15-18 months)

Phase 6: Dissemination and training activities
(Permanent)