IDENTIFYING THE PROFITS FOR WHICH A FIDUCIARY MUST ACCOUNT

2020 ◽  
Vol 79 (1) ◽  
pp. 38-63
Author(s):  
Matthew Conaglen
Keyword(s):  
Present Article ◽  
Conceptual Models ◽  
Case Law ◽  
Recent Case ◽  
Previous Scholarship

AbstractThis article addresses the manner in which accounts of profits are quantified when they are ordered against fiduciaries. Unlike previous scholarship, which has often sought to explain recent case law by reference to preconceived conceptual models, the present article addresses the topic by drawing on the reasoning adopted in the cases over a longer period, with a view to helping with the practical resolution of future cases, while also offering arguments drawn from that analysis as to the correct approach to the conceptual questions that arise.

The European citizens’ initiative: Lost in admissibility?

2019 ◽  
Vol 26 (2) ◽  
pp. 251-270
Author(s):  
Natassa Athanasiadou
Keyword(s):  
European Commission ◽  
Present Article ◽  
Participatory Democracy ◽  
Case Law ◽  
Recent Case ◽  
Legal Certainty ◽  
Theoretical Underpinning ◽  
Legitimate Expectations

The present article aims to examine the admissibility requirements of the European Citizens’ Initiative in the light of primary law provisions and general principles, in particular the principles of conferral, participatory democracy, legal certainty, protection of legitimate expectations and good administration, as reflected in the recent case law of the General Court. More specifically, it is examined how these principles and the primary law features of the instrument provide a clear theoretical underpinning for determining its material scope and serve as guidance for the legislator when regulating the admissibility mechanism and for the European Commission when applying the relevant rules. The recent Commission proposal on a new Regulation on the European Citizens’ Initiative is also assessed against this backdrop.

scholarly journals The free movement of economically inactive EU citizens: The right to reside test

2019 ◽  
Vol 3 (1) ◽  
pp. 43-57
Author(s):  
Laura Gyeney
Keyword(s):  
Present Article ◽  
Paradigm Shift ◽  
Social Assistance ◽  
Case Law ◽  
Free Movement ◽  
Recent Case ◽  
Sensitive Issue ◽  
Relevant Case ◽  
Consolidation Phase ◽  
The Right

The question of free movement rights of economically inactive citizens and their access to social assistance is a legally controversial and a politically sensitive issue. This is well illustrated by the CJEU’s recent case law which signals a shift in its former jurisprudence towards a more restrictive approach relating to access to social assistance benefits for economically inactive EU citizens. Moreover, the Court’s case law appears to be moving away from the concept of EU citizenship as a general value and common solidarity. The present article aims to give a brief overview of the relevant case law with the aim of seeking answer the question whether this turn in the CJEU’s case law predicts a real paradigm shift or just a consolidation phase in the Court’s jurisprudence.

scholarly journals Digital Single Market: electronic commerce and collaborative economy

2019 ◽  
Vol 5 (2) ◽  
pp. 4-14
Author(s):  
Piedade Costa de Oliveira
Keyword(s):  
Electronic Commerce ◽  
Present Article ◽  
Case Law ◽  
Single Market ◽  
Recent Case ◽  
Eu Regulation ◽  
Court Of Justice ◽  
The Way

The so-called collaborative economy is developing in a wide variety of sectors. The aim of the present Article is to outline and analyse the way EU regulation applies or may apply to the collaborative economy, in particular, the e-Commerce Directive, in light of the recent case-law of the Court of Justice.

THE ANALYSIS OF THE RECENT STANDARDS OF APPLYING COMPULSORY MEASURES ACCORDING TO THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS (The Analysis of the Criminal Procedure Code of Georgia and its Compliance with the Case Law of the European Court of Human Rights)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 141-162
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Criminal Procedure ◽  
Case Law ◽  
Recent Case ◽  
European Convention ◽  
Procedure Code ◽  
European Court ◽  
Article 5

The present article – “The Analysis of the Recent Standards of Applying Compulsory Measures according to the Case Law of the European Court of Human Rights (The Analysis of the Criminal Procedure Code of Georgia and its Compliance with the Case Law of the European Court of Human Rights)” – discusses the recent case-law of the European Court of Human Rights on Article 5 of the European Convention together with the compliance of the Criminal Procedure Code of Georgia in terms of applying compulsory measures.

What are the duties of an outgoing trustee?

2020 ◽  
Author(s):  
Stephen Alexander ◽  
Michael Edwards
Keyword(s):  
Case Law ◽  
Recent Case ◽  
England And Wales ◽  
Royal Court ◽  
Trust Company

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

Legal digest: a summary of recent case-law

2001 ◽  
Vol 12 (3) ◽  
pp. 662-669
Author(s):  
Bridget Dolan
Keyword(s):  
Case Law ◽  
Recent Case
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