scholarly journals Drivers for and Barriers to the Cross-border Implementation of the Once-Only Principle

2021 ◽  
pp. 38-60
Author(s):  
Nele Leosk ◽  
Irma Põder ◽  
Carsten Schmidt ◽  
Tarmo Kalvet ◽  
Robert Krimmer
Keyword(s):  
Efficient Solution ◽  
Legal Framework ◽  
Cross Border ◽  
Identity Matching ◽  
Important Barrier ◽  
Key Driver ◽  
Institutional Aspects ◽  
The Cross ◽  
Different Levels

AbstractThe once-only principle (OOP) aims to reduce interactions between citizens and governments, but many factors challenge its cross-border implementation. Building on the results of the “The Once-Only Principle Project” (TOOP, 2017–2021), an analysis was undertaken of the factors that either support or hinder implementation of the cross-border OOP. Five domains of factors were examined - technological, organizational, institutional aspects, actors and miscellaneous. This research highlights the importance of awareness of the OOP, and its inherent benefits, as a key driver. Also, the activities of supranational entities are of key significance, as it is establishing a critical legal framework. Co-ordination between different levels of government and different countries remains an important barrier. One specific issue discovered and addressed during the project but uncovered here, relates to identity matching, and this requires EU level intervention to reach an effective and efficient solution.

10 Czech Republic

2018 ◽  
Author(s):  
Schweigelová Dana
Keyword(s):  
Czech Republic ◽  
Capital Markets ◽  
Legal Framework ◽  
Civil Code ◽  
The Czech Republic ◽  
Cross Border ◽  
Statutory Law ◽  
Regulatory Regimes ◽  
The Cross

This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations under the Business Corporations Act, contractual set-off involving multiple parties, and special regulatory regimes governing set-off in the Czech Republic. It then considers set-off between insolvent parties before concluding with an analysis of set-off issues arising in the cross-border context.

scholarly journals Cross-border public administration

2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Framework ◽  
Public Governance ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Traditional Societies ◽  
The Cross

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters

scholarly journals Cross-Border Mergers and Acquisitions in Light of the European Legal Framework

2021 ◽  
Vol 18 (1-2) ◽  
pp. 1-12
Author(s):  
Leen Bakerjian
Keyword(s):  
European Union ◽  
Mergers And Acquisitions ◽  
Global Economy ◽  
Legal Framework ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Cross Border ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Cross

This paper will discuss the role that Mergers and Acquisitions play in the global economy. It will deliberate on the challenges, benefits and issues of the implementation of these transactions in terms of legality, society and culture. It also contains an empirical enquiry that investigates the application of Mergers and Acquisitions in the presence of different social and cultural working environments. It also demonstrates attempts of entering into such transactions with incorrect intentions such as domination and the negative outcomes of such approach. Throughout this work, I will investigate the legal instruments governing these types of transactions in different areas of the world, specifically the European Union. It will touch on the legal instruments governing Mergers and Acquisitions in the European Union and will challenge the applicability of the fundamental freedoms of the European Union in light of the cross-border Mergers and Acquisitions directives. The paper will challenge the European Court of Justice’s approach to the Freedom of Establishment and the application of cross-border M&As. Finally, a clear demonstrateion of the fallbacks of the provisions of the Cross-Border Mergers Directives is provided as well as challenging the European legislature’s choices in drafting said directives. Unusual discrepancies between the directives and the fundamental freedoms of the European Union are shown, however these two which must always be in line with one another.

scholarly journals The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment)

2020 ◽  
Vol 6 (1) ◽  
pp. 73-86
Author(s):  
Shahzada Aamir Mushtaq ◽  
Fraz Ashraf Khan
Keyword(s):  
Economic Growth ◽  
Legal Framework ◽  
Business Environment ◽  
Relevant Market ◽  
Economic Market ◽  
Global Business ◽  
Playing Field ◽  
Cross Border ◽  
Industrial Sectors ◽  
The Cross

The purpose of this article stated that the global economic arena has taken new insights across the shore of nations.  THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.

33 Switzerland

2018 ◽  
Author(s):  
Frick Jürg
Keyword(s):  
Legal Framework ◽  
Conflict Of Laws ◽  
International Jurisdiction ◽  
Cross Border ◽  
Swiss Law ◽  
The Law ◽  
The Cross ◽  
Substantive Law ◽  
Insolvency Proceedings

This chapter provides an overview of the law of set-off in Switzerland. Under Swiss law, set-off functions as a mechanism of substantive law that extinguishes two obligations to the extent of the smaller obligation. The basic legal framework for set-off is a unilateral act pursuant to Article 120 et seq of the Swiss Code of Obligations of 1911, as amended (CO). The chapter first considers the CO requirements for set-off between solvent parties as well as its mechanism and effects before discussing the legal framework applicable to set-off against insolvent parties. In particular, it examines the implications for mutuality of the distinction under Swedish law between the assets and liabilities of the estate and of the receivership. It also outlines the restrictions on set-off in the event of insolvency before concluding with an analysis of set-off issues in the cross-border context arising from conflict of laws, international jurisdiction, and insolvency proceedings.

Closing the gap between debate and reality: Cooperation between intelligence oversight bodies

2014 ◽  
Vol 24 (3-4) ◽  
pp. 253-263 ◽  
Author(s):  
B. de Jonge
Keyword(s):  
Legal Framework ◽  
Cross Border ◽  
Legal Nature ◽  
Closing The Gap ◽  
The Cross

Cooperation between intelligence oversight bodies has long been suggested as one of the means to keep the cross-border fight against terrorism in check. This article maps the incentives given to cooperation between oversight bodies, and evaluates the response to these appeals for cooperation by national legislators and the oversight community itself. This account shows that the level of cooperation between oversight bodies remains very limited. In practice several obstacles of a practical and legal nature exist that prevent further cooperation. Nevertheless, the article shows that even within the current legal framework there are several important fields in which the oversight community may still develop its cooperation. This will positively contribute to the quality and acceptance of oversight.

Thematic Priorities For Sustainable Development of Ukraine-Romania Cross-Border Cooperation (The Case Study of Chernivtsi Region)

2020 ◽  
pp. 205-219
Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy
Keyword(s):  
Foreign Policy ◽  
Quantitative Research ◽  
Legal Framework ◽  
Cultural Development ◽  
Cross Border ◽  
Strategic Orientations ◽  
The Impact ◽  
Further Development ◽  
Cross Border Cooperation ◽  
The Eu

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.

Cross-border Distribution of Collective Investment Products in the EU

2018 ◽  
Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos
Keyword(s):  
Home Country ◽  
Legal Framework ◽  
Business Rules ◽  
Investment Funds ◽  
Legal Rules ◽  
Section 8 ◽  
Cross Border ◽  
Product Regulation ◽  
Supervisory Practices ◽  
The Eu

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).

Sign in / Sign up

Export Citation Format

Share Document