WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Governance, Policies and Legal Conditions for Access to Market through Extended and Dynamic Clustering of SMEs Legal Issues affecting Interoperability in Dynamic, Extended Clustering Davide M. Parrilli ICRI – K.U. Leuven – IBBT Davide M. Parrilli - ICRI ICE 2008 Lisbon, 24/06/2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Agenda Starting point of the research; Objectives of the research; Content of the legal analysis; Conclusions and results; Open question; Event announcement. Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Starting point Davide M. Parrilli - ICRI perceived Results of the interaction with stakeholders (companies and clusters): organizational factors are perceived to be more important than contextual (legal) factors: the latter are nevertheless very relevant. Lisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Objectives Aim of the legal analysis within EFFORT: provide a list of potential legal barriers and enablers to SME clustering with a comparative and dynamic approach: many elements together act as barriers and enablers, even if company and cluster managers are not aware of that. Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Content of the legal analysis Contract law and setting up of a new business; IPR protection and patents; Legal environment: * Enforcing contracts; * Access to credit; * Licenses and public procurement; State aid; Employment law; Taxation: substantial and procedural aspects. Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Conclusions and results (I) Overall conclusions: Clusters and clustering are new concepts for lawyers. EFFORT is a pioneering project in the sense that it takes into account many different legal forces that are likely to affect SME clustering and tries to indicate potential barriers and enablers to clustering. ICTImportance of ICT to remove barriers to clustering. Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Conclusions and results (II) Enforceability of contracts in Courts: Implementation of ADR systems; Enforceability of first instance decisions and limitations to their appealability in civil cases; E-courts mechanisms (e.g. Small Claims Online). Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Access to credit: informationtransparency Combine different interests (banks and companies), need to assure information and transparency to borrowers. Davide M. Parrilli - ICRI Conclusions and results (III) Lisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Administrative law: administrative burdensReduction of administrative burdens (red-tape) to firms: the Dutch case; Adoption of ICT technologies (e.g. e- procurement): examples of good practices around Europe. Davide M. Parrilli - ICRI Conclusions and results (IV) Lisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) State Aid: Principle: direct or indirect financial help is forbidden by EC law, But… aid for innovation clusters The aid for innovation clusters can help cooperating firms to grow (direct incentive for clustering). Conclusions and results (V) Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Employment Law: Companies and clusters need flexibility (flexicurity?) as regards employing and dismissing people, working time, etc.; Clusters can be a useful tool to employ more people in Europe. Conclusions and results (VI) Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Taxation : Corporate-oriented policies are enablers to clustering (EI, NL, etc.); corporate tax indirectThe effect of corporate tax on clustering is only indirect: it affects primarily companies; Need for online filing mechanisms and ICT in the tax bureaucracy. Conclusions and results (VII) Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) creation of newly defined and flexible multinational groups On the basis of these conclusions, it is necessary to assess whether the implementation of extended and dynamic clustering will lead to the creation of newly defined and flexible multinational groups or the ‘local dimension’ will prevail and will, to a certain extent, limit the development of clusters. Open question Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) Workshop Workshop on legal issues: Leuven (ICRI), July 4: internal and external speakers: you are all welcome! Event announcement Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008

WPx: (WP Title) Brussels, October 19, 2007 (Name of Presenter/Organisation) THANK YOU! Davide M. Parrilli - ICRILisbon, 24/06/2008 ICE 2008