EU regulation and supervision of securities business: a critical analysis of the challenges faced by the National Competent Authorities of small EU and EEA EFTA Member States

2019 ◽  
Vol 14 (1) ◽  
pp. 5-21
Author(s):  
Christopher P. Buttigieg
Keyword(s):  
Critical Analysis ◽  
Member States ◽  
Eu Regulation ◽  
Regulation And Supervision ◽  
National Competent Authorities ◽  
Securities Business

7. The Direct Jurisdiction of the Court of Justice

2019 ◽  
pp. 208-248
Author(s):  
Nigel Foster
Keyword(s):  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
Competition Law ◽  
Member States ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Eu Competition Law ◽  
The Right ◽  
Interim Measures

This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Articles 258–60 TFEU); judicial review of acts of the institutions (Article 263 TFEU); the action against the institutions for a failure to act (Article 265 TFEU); actions for damages (Articles 268 and 340 TFEU); and the right to plead the illegality of an EU regulation (Article 277 TFEU). The chapter also considers interim measures under Articles 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.

scholarly journals Zimbabwe’s Experience in International Peace-Support Operations Since 1980

2020 ◽  
Author(s):  
John Max Chinyanganya ◽  
Sadiki Maeresera
Keyword(s):  
Developing Countries ◽  
Critical Analysis ◽  
Time Frame ◽  
The Other ◽  
International Peace ◽  
Traditional Methods ◽  
Member States ◽  
Peacekeeping Operations ◽  
International Activities

This article makes a critical analysis of Zimbabwe’s contribution to peacekeeping and peace-support operations in the period 1980 to 2000. It argues that this contribution has brought in a new thrust of peacekeeping operations of coercing the other party to the negotiating table. The article demonstrates the complexity of traditional peacekeeping operations where member states (and in this case Zimbabwe) have made notable contribution to the cause of peacekeeping operations, not only through traditional methods and principles of peacekeeping but also through various other methodologies such as peace-support efforts. Using the 1980 to 2000 time frame, in case studying Zimbabwe’s contribution to peace support operations, this article demonstrates that even developing countries have the capacity and political willingness to shape international activities.  

EU comitology reform could politicise regulation

2017 ◽  
Keyword(s):  
Member State ◽  
European Commission ◽  
Interest Group ◽  
European Parliament ◽  
Member States ◽  
Content Type ◽  
Eu Regulation ◽  
Regulatory Decisions ◽  
The Eu ◽  
Final Reform

Subject Proposed reform of the EU comitology procedure. Significance The little-known ‘comitology’ procedure plays a key role in EU regulation. In recent years, this process has been breaking down as member-state expert representatives in comitology committees often abstain from voting, forcing the European Commission to take controversial decisions on its own (and accept any blame for them). In response, the Commission has proposed reforms that would pressure member states to take a position on (and hence political ownership of) controversial regulatory decisions. Impacts Government representatives, interest-group representatives and corporate lobbyists will be most affected by comitology reform. Despite adding transparency and avoiding blame-shifting to Brussels, the reforms would probably not help the EU’s image with citizens. The European Parliament might demand -- as part of any final reform package -- an increase in its involvement in the comitology process.

Choice of Law Rules

2016 ◽  
Author(s):  
Ian F Fletcher
Keyword(s):  
Member State ◽  
Basic Principle ◽  
Member States ◽  
Choice Of Law ◽  
Eu Regulation ◽  
The Law ◽  
Insolvency Proceedings

This chapter outlines the uniform rules of choice of law which are applicable to all proceedings governed by the original EC/EU Regulation on Insolvency Proceedings. It emphasizes Articles 4–15, which contain these rules. The uniform rules indicate, as between various Member States and also in relation to third states whose laws may potentially be applicable in a given situation, which state’s law shall govern. In most cases, the rules contemplate a choice only between the laws of different Member States. Article 4 expresses the basic principle of lex concursus which states that the law of the Member State in which proceedings are opened is to be applied, and shall determine their effects. The Article also states thirteen particular matters which these laws govern. The chapter concludes with a summary of particular changes once the RR comes into effect.

The conditions of access to parental leave in the EU: an adequate delimitation of qualifying periods by the Court of Justice?

2021 ◽  
pp. 203195252110438
Author(s):  
Miguel De la Corte-Rodríguez
Keyword(s):  
Critical Analysis ◽  
Parental Leave ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This article makes a critical analysis of the Caisse pour l’avenir des enfants case, in which the Court of Justice of the EU examined the conditions of access Member States are allowed to impose on workers to be entitled to parental leave, according to Directive 2010/18.

scholarly journals Insurance-Based Investment Products: Regulatory Responses and Policy Issues

2020 ◽  
pp. 113-135
Author(s):  
Michele Siri
Keyword(s):  
Investor Protection ◽  
Regulatory Framework ◽  
Member States ◽  
Protection Measures ◽  
Policy Issues ◽  
Current Regime ◽  
Gold Plate ◽  
Recent Reform ◽  
National Competent Authorities ◽  
The Eu

AbstractThe chapter aims to analyse the recent reform of the EU regulatory framework as regards insurance-based investment products (IBIPs). The current regime provided for IBIPs offers stronger protection to all customers, regardless of the channel of distribution. In line with the EU plan to provide consistent cross-sectorial investor protection across all Member States, many IDD provisions are based on the corresponding MiFID II rules, even though some differences remain and should be further elaborated in connection with the inconsistencies, overlaps and gaps in the investor protection as far as the distribution of the IBIPs is concerned. Furthermore, several Member States have exercised the discretions recognised by the IDD as regards IBIPs mainly to gold plate investor protection measures. However, such an uncoordinated approach undermines the internal market’s objectives. Therefore, the chapter advises EIOPA to use its powers to coordinate Member States’ measures and ensure transparency about National Competent Authorities’ measures in this respect.

scholarly journals Some further reflections on the Directive (EU) 2016/681 on PNR data in the light of the CJEU Opinion 1/15 of 26 July 2017 // Nuevas reflexiones sobre la Directiva (UE) 2016/618 a la vista de la Opinión 1/15 del Tribunal de Justicia de 26 de julio 2017

2018 ◽  
Vol 1 (101) ◽  
pp. 899 ◽  
Author(s):  
Susanna Villani
Keyword(s):  
Critical Analysis ◽  
Data Transfer ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Member States ◽  
Level 3 ◽  
The Right ◽  
The Eu

Abstract:Over the last decades, it has arisen the need for increased cooperation betweenlaw enforcement authorities in making more systematic use of the data furnished by those moving to and from the States in order to prevent, detect, investigate and prosecute terrorism and other serious crimes. On 21 April 2016 the Council adopted Directive 2016/681 in order to regulate PNR data transfer from the airlines to the Member States, as well as the processing of this data by the competent authorities. Its validity, with particular reference to the balance between needs of security and the respect of fundamental rights, such as the right to respect for private life and the right to the protection of personal data, could be challenged after the conclusions reached by the CJEU in its Opinion on the EU-Canada agreement on PNR transfer.Summary1. INTRODUCTION. 2. HISTORICAL AND LEGAL BACKGROUND: ASSESSING THE NECESSITY OF AN ACT ON PROCESSING PNR DATA AT EU LEVEL. 3. DIRECTIVE 2016/681 ON PNR DATA: A CRITICAL ANALYSIS. 4. THE CJEU OPINION 1/15 ON THE EU-CANADA AGREEMENT: WHAT CHALLENGES FOR THE PNR DIRECTIVE? 5. FINAL REMARKS Resumen:En la última década, ha surgido la necesidad de una mayor cooperación entre las autoridades nacionales de los diferentes Estados para hacer un uso más sistemático de los datos entre ellos para luchar contra el terrorismo y otros crímenes. El 21 de abril de 2016, el Consejo adoptó la Directiva 2016/681 para regular la transferencia de los datos PNR de las líneas aéreas a los Estados miembros, así como el tratamiento de estos datos por las autoridades competentes. Su validez, en relación con el equilibrio entre las necesidades de seguridad y el respeto de los derechos fundamentales, como el derecho al respeto de la vida privada y el derecho a la protección de los datos personales, podría ser impugnada como consecuencia de la opinión emitida por el TJUE sobre el acuerdo UE-Canadá en relación a la transferencia de datos personales.Sumario:1. Introducción; 2. Panorama histórico y jurídico: evaluaciones sobre la necesidad de un acto de la UE en la utilización de datos; 3. Directiva 2016/681: un análisis crítico; 4. La Opinión 1/15 del Tribunal de Justicia: qué desafíos para la Directiva 2016/681? 5. Observaciones finales. 

7. The Direct Jurisdiction of the Court of Justice

2021 ◽  
pp. 208-248
Author(s):  
Nigel Foster
Keyword(s):  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
Competition Law ◽  
Member States ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Eu Competition Law ◽  
The Right ◽  
Interim Measures

This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); actions for damages (Arts 268 and 340 TFEU); and also the right to plead the illegality of an EU regulation (Art 277 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.

Sign in / Sign up

Export Citation Format

Share Document