Responsibility and Liability of Internet Intermediaries: Status Quo in the EU and Potential Reforms

2017 ◽  
pp. 289-314
Author(s):  
Gerald Spindler
Keyword(s):  
Status Quo ◽  
The Eu

In or Out?

2018 ◽  
Author(s):  
Catherine E. De Vries
Keyword(s):  
Public Opinion ◽  
Status Quo ◽  
Data Sources ◽  
Fine Grained ◽  
Alternative State ◽  
Empirical Measurement ◽  
The Status ◽  
People’S Attitudes ◽  
Over Time ◽  
The Eu

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.

Regulating Proxy Advisors Through Transparency: Pros and Cons of the EU Approach

2017 ◽  
Vol 14 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Gaia Balp
Keyword(s):  
Status Quo ◽  
Legislative Process ◽  
European Regulation ◽  
The Us ◽  
The Status ◽  
Pros And Cons ◽  
Proxy Advisors ◽  
Legal Constraints ◽  
The Eu

This article outlines potential pros and cons of a future European regulation of proxy advisory firms, as set forth in the Commission’s Proposal for a Directive amending Directive 2007/36/EC. After summarizing criticisms concerning the proxy advisory industry, and findings regarding its de facto influence on investors’ voting conduct both in the US and in the European context, the article adverts to why the power of proxy advisors appears to be overestimated. Uncertainty on the status quo of the industry’s actual impact on key decisions in listed companies, as well as costs associated with a regulation, need to be considered for assessing the suitability of the rules drafted to ensure adequate levels of independence and quality of voting recommendations. While transparency rules may be preferred to stricter legal constraints or requirements in a first stage, possible shortcomings of the Draft Directive exist that may undermine its effectiveness. Analyzing the amendments to the Proposal adopted by the European Parliament, and the Council’s Presidency compromise text, may suggest a preferable approach as regards single rules still making their way through the European legislative process.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

Differentiated Disintegration: Brexit

2020 ◽  
pp. 137-155
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen
Keyword(s):  
Bargaining Power ◽  
Status Quo ◽  
Common Interest ◽  
Economic Interdependence ◽  
British Government ◽  
Eu Membership ◽  
The Status ◽  
Cherry Picking ◽  
The Eu

This chapter examines negotiations on differentiated disintegration in the case of Brexit. It includes the efforts of the British government to renegotiate its EU membership prior to the referendum in June 2016 and the subsequent negotiations of the Withdrawal Agreement. The chapter shows that the same factors that explain demand for differentiated integration can also explain demand for differentiated disintegration. However, the supply conditions differ fundamentally. In disintegration negotiations, the EU enjoys the superior institutional bargaining power of the status quo-oriented actor, the superior material bargaining power produced by starkly asymmetrical economic interdependence, and the coherence and unity bestowed by supranational procedures and a common interest in preventing and deterring cherry-picking behaviour.

Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU

2019 ◽  
Vol 24 (4) ◽  
pp. 711-723
Author(s):  
Michael F Müller
Keyword(s):  
Status Quo ◽  
Eu Law ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Status ◽  
Uniform Solution ◽  
Uniform Law ◽  
The Hague ◽  
Securities Trading ◽  
The Eu

Abstract The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of whether the discussion around the Convention can serve as a lesson for the European Union (EU). It is submitted that neither the status quo of EU law is satisfactory nor does the adoption of the Convention offer a fully convincing solution but that the problem should be targeted at its root: the outdated concept of some national substantive laws in intermediated securities.

The EU and the Mediterranean: Overhauling the status quo policy approach

2003 ◽  
Vol 38 (3) ◽  
pp. 99-110
Author(s):  
Álvaro de Vasconcelos
Keyword(s):  
Status Quo ◽  
The Status ◽  
The Mediterranean ◽  
The Eu

EU-led reform will be loser in Bulgarian elections

2017 ◽  
Keyword(s):  
Western Europe ◽  
Economic Status ◽  
Status Quo ◽  
The Political ◽  
Judicial Reform ◽  
Content Type ◽  
European Development ◽  
The Right ◽  
Nationalist Parties ◽  
The Eu

Significance The change of president and government in late January has shifted the power balance in favour of the Socialist Party (BSP), but the centre-right Citizens for Bulgaria’s European Development (GERB) is still the stronger political force. The three most influential parties -- GERB, BSP and the Movement for Rights and Freedoms (DPS) -- are all focused on preserving the political and economic status quo, and on opposing radical judicial reform as demanded by the EU. Pro-reform forces to the right of GERB are in disarray, while the nationalist parties are united and on the rise. Impacts GERB has yet to find itself a role that could win it another victory over the BSP, as in 2014. As the weaker party, the BSP will be more aggressive in exploiting anti EU sentiment. Long-anticipated judicial reform will remain elusive. The degree of Bulgaria's distance from Brussels will be influenced primarily by events and elections in Western Europe.

EU and U.S. Non-Reciprocal Preferences: Maintaining the Acquis

2010 ◽  
Vol 3 (1) ◽  
pp. 1-39
Author(s):  
Ruth Kelly
Keyword(s):  
Developing Countries ◽  
Market Access ◽  
Status Quo ◽  
Trade Preference ◽  
The Status ◽  
Trade Preferences ◽  
Legal Mechanism ◽  
Enabling Clause ◽  
The U.S ◽  
The Eu

In the light of the disparity of bargaining leverage in FTA negotiations between the EU or the U.S. and developing countries, this article presents a legal mechanism to maintain the status quo, that is, the acquis of current trade arrangements. On the basis of the test established in the EC-Tariff Preferences case, it is argued that the Enabling Clause allows for differentiation between developing countries on the basis of their levels of intra-regional trade. A scheme is then constructed which allows the EU and the U.S. to differentiate in favor of current beneficiaries of non-reciprocal trade preference schemes in this way. This allows the EU and the U.S. to maintain the acquis without making radical changes to their trade and development policy. Where the status quo is an option, developing countries involved in FTA negotiations would have a feasible best alternative to a negotiated agreement (BATNA) to replace the current alternative of a significant reduction of market access to the EU or the U.S. While the maintenance of the status quo is up to the industrialized country in question, given that the trade preferences are unilateral in nature, the scheme constructed debunks the myth that there is a legal requirement to replace the current arrangements by reciprocal trade agreements in the absence of a waiver.

scholarly journals Driving the European Green Deal in Turbulent Times

2021 ◽  
Vol 9 (3) ◽  
pp. 316-326 ◽  
Author(s):  
Mary Dobbs ◽  
Viviane Gravey ◽  
Ludivine Petetin
Keyword(s):  
European Commission ◽  
Policy Design ◽  
Status Quo ◽  
Policy Actors ◽  
Design And Implementation ◽  
Significant Events ◽  
Turbulent Times ◽  
The Status ◽  
And Shifts ◽  
The Eu

The European Green Deal (EGD) is an ambitious strategy. However, significant events, incidents, and demands, from democratic backsliding in the EU to the Covid-19 pandemic, are causing the ground to shift underfoot. These events go beyond ordinary changes or even individual crises, cumulatively fuelling a “new normal” of turbulence for the EU, encompassing rapid, unpredictable changes. This turbulence can help and hinder policy design and implementation, requiring policy actors to think outside the box and beyond the status quo. This article investigates how the European Commission and other key actors can engage effectively <em>with</em> turbulence to ensure the successful delivery and implementation of the EGD. The first half of the article strengthens and adapts turbulent governance literature (Ansell &amp; Trondal, 2018). It delineates how turbulence differs from crisis; expands the forms of turbulence to include horizontal scalar and policy turbulence, as well as its transversal attribute; and shifts the focus to governing <em>with</em> turbulence rather than against<em> </em>turbulence. The second half undertakes an initial analysis of the EGD in light of turbulence and provides a springboard for further investigations within this thematic issue and beyond. It is apparent that the EGD is both responding and contributing to a varied landscape of turbulence. Policy actors must identify and understand the sources of turbulence—including their transversal nature and the potential for responses to increase turbulence—if they are to effectively govern <em>with</em> turbulence.

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