Harmonization, Regulation and Legislative Competition in European Corporate Law

2002 ◽  
Vol 3 (12) ◽  
Author(s):  
Sebastian Mock
Keyword(s):  
European Community ◽  
Legal System ◽  
Corporate Law ◽  
Common Market ◽  
European Law ◽  
Member States ◽  
National Legal System ◽  
Key Factor ◽  
The Common ◽  
The Creation

The European Community is also a community of Law. Nevertheless the European Community is not focused on the creation of one European Law in contrast to the Laws of its Member States. Instead the European Community focuses on the harmonization of the national legal system only to the extent that is required for the functioning of the common market (art. 3 I h EC). The harmonization of Corporate Law (art. 44 EC) was regarded as a key factor of this process. As a consequence Corporate Law is one of the most harmonized legal fields in the European Community.

The European Economic Community: A Sovereign Entity Under its Own Legal Order

1988 ◽  
Vol 16 (3) ◽  
pp. 177-189
Author(s):  
Ivan Sipkov
Keyword(s):  
The Netherlands ◽  
European Community ◽  
European Economic Community ◽  
Legal Order ◽  
Common Market ◽  
Primary Task ◽  
Economic Community ◽  
Member States ◽  
European Economic ◽  
The Common

The European Economic Community (EEC), also known as the European Community, the Common Market, and the Community, originated through the European Coal and Steel Community (ECSC) Treaty. The inaugural agreement was signed in Paris on April 18, 1951, and became effective on July 25, 1952. The original members included Germany, France, Italy, and the Benelux countries of Belgium, Luxembourg, and the Netherlands. The primary task of the ECSC Treaty was to create a common market for coal and steel by prohibiting all duties on imports and exports and all quantitative and private restraints on competition. This Treaty is considered the first step towards a united Europe. Its decisive innovation was to entitle the Community's institutions established by the Treaty to directly bind member states and enterprises by means of its decisions.

Schneider Electric SA v. Commission: Regarding the Non-contractual Liability of the Commission the Decision of the Court of First Instance is Consistent with Precedent

2008 ◽  
Vol 9 (1) ◽  
pp. 89-102
Author(s):  
Margherita Poto
Keyword(s):  
European Community ◽  
Systematic Approach ◽  
Case Law ◽  
Common Market ◽  
French Law ◽  
The Public ◽  
The Common ◽  
The Creation ◽  
Court Of First Instance ◽  
Public Offer

The question before the Court of First Instance concerned the legitimacy of the Commission's decision on a merger of two French companies incorporated under French law, Schneider Electric SA (hereafter Schneider SA) and Legrand SA (hereafter Legrand). On 16 February 2001 Schneider SA and Legrand, in accordance with the requirements on Regulation of mergers, notified the Commission of Schneider's proposal to make a public offer in respect to all the shares in Legrand held by the public. The judgment of the Court of First Instance can be considered an important step in the development of the European Commission's liability, particularly in respect to the Commission's liability in its role as watchdog of the common market. The judgment puts flesh on the skeletal set of existing principles concerning the liability of the European Community, and contributes to the creation of a systematic approach to the case law.

scholarly journals Industrial Integration of the EAEU Countries

2021 ◽  
pp. 9-30
Author(s):  
M. Krivogouz ◽  
D. Fesenko
Keyword(s):  
Foreign Trade ◽  
Current Situation ◽  
Common Market ◽  
Member States ◽  
Industrial Cooperation ◽  
Eurasian Economic Union ◽  
The Common ◽  
Economic Union

The authors analyze current situation in the common market and the data on foreign trade of the member states of the Eurasian Economic Union. Also, the EAEU decisions in the sphere of establishing common financial space and the measures on boosting the cooperation in industry are being examined. The conclusion is made that further common steps towards higher pace of industrial cooperation are needed.

Part V Judicial Review before the Court of Justice of the European Union, 3 Decentralized Judicial Review and Enforcement of EU State Aid Rules

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Judicial Review ◽  
State Aid ◽  
Common Market ◽  
Final Decision ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
The Common

This chapter assesses the enforcement of EU State aid rules. The Commission is not the only authority involved in the monitoring of State aid. As regards the supervision of Member States' compliance with their obligations under Articles 107 and 108 TFEU, the national courts also have an important role to play. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU.

European Perspectives on Ecclesiastical Law and Religious Education

1990 ◽  
Vol 2 (6) ◽  
pp. 23-27
Author(s):  
David McClean
Keyword(s):  
Religious Education ◽  
European Community ◽  
Member States ◽  
Ecclesiastical Law ◽  
The Creation ◽  
Neutral Ground

In February 1988 a group of German, Italian and Spanish scholars, principally professors of ecclesiastical law, met on the politically if not theologically neutral ground of Geneva to consider the creation of a European body linking scholars working in this field in the various member States of the European Community.

scholarly journals Creating common sense: getting NATO to Afghanistan

2021 ◽  
Author(s):  
Philipp Münch
Keyword(s):  
Common Sense ◽  
Practice Theory ◽  
Member States ◽  
The Common ◽  
The Creation

AbstractThis article raises the question of how NATO became bogged down in Afghanistan. I scrutinise how the alliance became involved in Afghanistan and how it formulated its strategy. In doing this, I follow the general premises of practice theory. However, instead of the common focus on diplomats and their everyday doings, this article suggests an approach that pays more attention to the structure of the field of positions. I demonstrate that the actions of permanently seconded representatives of member states and of NATO’s administrative cadre were crucial in drawing the alliance into Afghanistan. I argue that their actions significantly contributed to the creation of a fatal common sense: namely that the alliance had to become and remain engaged even in the absence of clear political goals. This provided the basis for a means-focused and endless mission.

scholarly journals Precedent Precedent in the Russian legal system contemporarily

2017 ◽  
Vol 33 (3) ◽  
Author(s):  
Mai Văn Thắng
Keyword(s):  
Legal System ◽  
Federal Court ◽  
Stare Decisis ◽  
Law System ◽  
Legal Principles ◽  
Legal Documents ◽  
Lower Courts ◽  
The Common ◽  
The Creation ◽  
The Guardian

The Article focus on analyzing the fundamental reasons fostering the creation and progress, the nature, the position and value of precedent as a source of law within the Russian legal system contemporarily. Accordingly, the construction of a state in which the rule of law, the democracy, the integration, the recognized of fundamental legal principles such as the court must not deny resolving cases, the guardian of the court to the basic human rights as well as citizen rights, the judges do not rely solely on the laws but also on their conscience to accomplish the mission of protection of justice, the existence of a  constitutional federal court, have been considered the main reasons promoting the creation of caselaw in Russia in reality at the period after Soviet. However, there is not any official legal documents governing precedent in Russia so far. Unlike the "stare decisis" principle in the Common law system, precedent in Russia only plays an inferior role which is a supplement source considered legal interpreting in the system.  Precedents in Russia are also not granted an official authorization as well as not selected or published, instead of that, case laws are the opinions, decisions from the superior courts which are believed to be trustworthy, outstanding, valuable and appropriate. These case laws would be cited in the lower courts although some of them which were granted by Constitution Federal Court may not follow previously mentioned principle because of their own binding rules. The opinions, legal reasonings considered the content of the precedents are not the laws.

Relative Normativity and the Constitutional Dimension of International Law: A Place for Values in the International Legal System?

2004 ◽  
Vol 5 (1) ◽  
pp. 47-64 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
United States ◽  
International Law ◽  
Free Trade ◽  
European Community ◽  
Legal System ◽  
The United States ◽  
Yellowfin Tuna ◽  
International Legal System ◽  
The Creation ◽  
Internal Order

While International Law becomes more and more specialized, a tendency towards Fragmentation becomes visible: more and more sub-regimes of International Law emerge, leading to an increased number of rules. With the creation of more sub-regimes, cases are becoming more likely in which more than one sub-regime is involved and the question arises, which sub-regime's rules take precedence. Recent examples for such collisions of regimes include the relation between Free Trade and the Protection of the Environment in theYellowfin-Tuna Casebetween the United States and Mexico which was settled only in January 2002, theTadic-Nicaragua Debateand theSwordfish Casebetween the European Community and Chile, including the need for some form of internal order or hierarchy within International Law.

Pengaruh Adat dalam Hukum Keluarga terhadap Pembaruan Hukum Nasional

2019 ◽  
Vol 2 (1) ◽  
pp. 73-87
Author(s):  
Melani Diah Sekar Puri ◽  
Ridwan Arifin
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Family Law ◽  
Customary Law ◽  
European Law ◽  
Unitary State ◽  
National Legal System ◽  
Customary Laws

Indonesia as Unitary State consists of various kinds of tribes, customs, and even religions. The legal system adopted in Indonesia is not only civil or criminal law, but also mulually related religious and customary laws. Until recent years, Indonesia still uses European law as the national law and still try to make the customary law to be a national law. In fact, the implementation of European law is considered incompatible with the soul of the Indonesian people, especially in the the case family law. This paper seeks to uncover customary influences and effects in the development of family law in the national legal system.

Sign in / Sign up

Export Citation Format

Share Document