The requirement of clarity - resulting from the principle of legal certainty - is one of the essential requirements for legislation. The requirement of clarity implies that legislation must be... Show moreThe requirement of clarity - resulting from the principle of legal certainty - is one of the essential requirements for legislation. The requirement of clarity implies that legislation must be structured and formulated in a way that offers citizens sufficient guidance to determine their legal position. This requirement is particularly important for legislation that has financial consequences for citizens, such as tax legislation. The objective of this research is to provide an overview of the way in which the requirement of clarity regarding tax legislation has been filled in by the literature, by case law and by organizations working in the field of legislative advice. Based on the results of this research, the criteria that have to be applied to tax legislation can be categorized as conditions concerning i) the formulation of legislation, ii) the structure of a legal system, iii) the status of persons at whom legislation is adressed to and iv) the way in which the relevant rules are explained. Show less
One of the aims of social insurance programs is to provide a financial safety net to households when encountering adverse circumstances. However, apart from offering mere protection, a system... Show moreOne of the aims of social insurance programs is to provide a financial safety net to households when encountering adverse circumstances. However, apart from offering mere protection, a system of social insurance can also be designed with the aim to increase overall welfare. In order to make the appropriate design decisions one needs to understand how individuals react to both negative shocks, such as health and wealth shocks, and the system put in place to protect them from these shocks. To gain understanding on such behavioral effects, access to high quality microdata is crucial. This thesis contains four essays aiming to generate empirical insights to facilitate the design of social insurance program. It focusses on changes in consumption preferences in reaction to health and wealth shocks, the effectivity of complementary efforts to sickness benefits programs, and methods to construct the surveys needed to gain these empirical insights. Show less
The current orthodoxy maintains courts are not required to compare all language texts of a plurilingual tax treaty but may rely on a single one for cases of 'routine interpretation'. This view is... Show moreThe current orthodoxy maintains courts are not required to compare all language texts of a plurilingual tax treaty but may rely on a single one for cases of 'routine interpretation'. This view is fundamentally flawed, in violation of the Vienna Convention on the Law of Treaties, and the source of treaty misapplication. This study aims to: (1) help diminish treaty misapplication through abandonment of the current orthodoxy; (2) show that sole reliance on prevailing texts is available as a pragmatic alternative in line with the Vienna Convention that reduces global resource costs of tax treaty interpretation and increases its overall consistency by eliminating unintended deviations caused by language idiosyncrasies; (3) provide policy recommendations how residual cases may be eliminated. To support this goals, this study seeks to provide conclusive arguments and useful data to policy makers, treaty negotiators, judges, practitioners, and other scholars. Its analysis of the final clauses in 3,844 tax treaties is intended to help both taxpayers and courts interpreting tax treaties in practice. The general arguments presented in this book are not limited to tax treaties, since similar issues play a role in the interpretation of other treaties, for example, in the field of foreign investment regulation. Show less
