The UPC without the UK: Consequences and Alternatives

2020 ◽  
Vol 69 (8) ◽  
pp. 847-851
Author(s):  
Winfried Tilmann
Keyword(s):  
Constitutional Court ◽  
Council Of Europe ◽  
Member States ◽  
Provisional Application ◽  
Eu Member States ◽  
German Constitutional Court ◽  
The Uk ◽  
Preparatory Work ◽  
The Eu

Abstract The UK has announced its withdrawal from the UPCA. In order to effectively leave the group of CMS it would have to notify its departure from the UPCA and the two Regulations to the EU Council and from the Protocol on provisional application to the Council of Europe. The UPCA-CMS on the continent should quickly pick up preparatory work after a new ratification law has been enacted in Germany consequential to the decision of the German Constitutional Court. The alternative of merging the UPC with a new specialised court within the Court of the CJEU has no realistic prospect of succeeding because ratification by all EU Member States is necessary.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals La Unión Europea, Cataluña y Escocia (Cuestiones jurídicas sobre las recientes tendencias secesionistas en los Estados Miembros de la UE)

2016 ◽  
pp. 101 ◽  
Author(s):  
Jean-Claude Piris
Keyword(s):  
Rule Of Law ◽  
Safe Haven ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Informal Consultation ◽  
National Constitution ◽  
The Uk ◽  
Regional Elections ◽  
The Eu

Este estudio surge de los acontecimientos producidos en 2014 y 2015 en Escocia (referéndum sobre la independencia) y en Cataluña («consulta informal» y elecciones autonómicas). En ambos casos, los movimientos secesionistas deseaban que un nuevo Estado nacido de la secesión llegara a ser (según ellos, «siguiera siendo») parte de la UE. Esta convicción les fortalece, ya que la UE es vista como un «refugio seguro », que permite la independencia sin la amenaza de quedar aislado. Los Tratados de la UE ni prevén ni prohiben la división de un Estado miembro. No obstante, para llegar a ser parte de la UE, la región secesionista debería primero ser reconocida como Estado por la comunidad internacional, y específicamente por los 28 Estados miembros de la UE (incluyendo España y el Reino Unido). Esto sería legalmente posible si el nuevo Estado naciera respetando completamente el Estado de Derecho, pero en cambio excluiría un «Estado» que hubiera declarado unilateralmente su independencia violando la Constitución nacional. Así, un nuevo Estado reconocido podría ser candidato a incorporarse a la UE. El autor muestra que debería seguirse el procedimiento del artículo 49 del Tratado de la UE y no el del artículo 48 (enmiendas a los Tratados). Tomando Escocia como ejemplo, el autor describe los pasos legales necesarios que deben darse después de la secesión. Señala que la división de un Estado de la UE ya no debería verse como un asunto estrictamente nacional; dadas sus consecuencias sobre la UE en conjunto y sobre otros Estados miembros, es un asunto que no puede ser ignorado por la UE.This study starts from the 2014-2015 events in Scotland (referendum on independence) and in Catalonia («informal consultation» and regional elections). Secessionists movements in both cases wished that a new State born from the secession would become (according to them «continues to be») part of the EU. That conviction strengthens them, as the EU is seen as a «safe haven», allowing independence without the threat of being isolated. The EU Treaties neither provide for, nor prohibit the partition of a Member State. However, in order to become part of the EU, the secessionist region should first be recognized as a State by the international community, and specifically by the 28 EU Member States (including Spain and the UK). This would be legally possible if the new State was born in full respect of the Rule of Law, but would exclude a «State» having unilaterally declared its independence in violation of the national Constitution. Then, a new State recognised could be a candidate to the EU. The author shows that the procedure of article 49 of the Treaty on EU woud have to be followed (accession of a new State) and not that of article 48 (amendments to the Treaties). Taking Scotland as an example, the author describes the necessary legal steps to be accomplished after the secession. He stresses that the partition of an EU State should not anymore being regarded as a strictly national matter. Given its consequences on the EU as a whole and on other Member States, it is a matter that cannot be ignored by the EU.

Pre-departure Integration Strategies in the European Union: Integration or Immigration Policy?

2011 ◽  
Vol 13 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Kees Groenendijk
Keyword(s):  
International Law ◽  
Policy Instrument ◽  
The European Union ◽  
Political Debate ◽  
Member States ◽  
Eu Member States ◽  
Legal Constraints ◽  
Integration Strategies ◽  
The Uk ◽  
The Eu

AbstractSeveral States require immigrants from outside the EU to participate in language or integration courses after arrival. In recent years, some EU Member States made passing a language test (Netherlands and Germany) or participating in a language course (France) a condition for a visa for family reunification for immigrants from certain third countries. Denmark and the UK introduced a similar requirement in 2010. The focus of his article is on three aspects: the political debate, the legal constraints and the effects. Firstly, the development of the pre-departure integration strategies is analyzed. What was the rationale behind the introduction and does is vary between Member States? Secondly, the legal constraints of EU and international law are discussed. Finally, the results of the first studies evaluating this policy instrument are presented. Is pre-departure a good predictor for immigrant’s ability to integrate? Does it actually assist integration, and what are the unexpected or counterproductive effects?

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

Eastern EU members hedge bets after Brexit vote

2016 ◽  
Keyword(s):  
Member States ◽  
The Czech Republic ◽  
Content Type ◽  
Eu Member States ◽  
The United Kingdom ◽  
Key Factor ◽  
Migration Crisis ◽  
The Uk ◽  
Visegrad Group ◽  
The Eu

Subject Reactions to Brexit among eastern EU member states. Significance Leaders of the Visegrad Group (V4) of the Czech Republic, Hungary, Poland and Slovakia have called for a major institutional overhaul of the EU following the UK vote to leave the EU ('Brexit'). They singled out the EU's handling of the migration crisis as a key factor behind the 'Leave' victory in the UK referendum, and rejected calls from Brussels and several member states for closer integration, instead demanding that powers be repatriated to national capitals to restore citizens' trust and make the EU more democratically accountable. Impacts The V4 will seek to mend relations with Berlin, in the relatively favourable political constellation in Germany before the 2017 elections. V4 governments will aim to hold 'mini-lateral' consultations with the United Kingdom on the terms of its planned exit from the EU. Brexit will dominate Slovakia's EU presidency, with V4 coordinating their responses to help limit the negative fallout for the region.

Productivity and Convergence in the EU

2002 ◽  
Vol 180 ◽  
pp. 72-82 ◽  
Author(s):  
Mary O'Mahony
Keyword(s):  
Institutional Environment ◽  
New Technology ◽  
Favourable Effect ◽  
Individual Member ◽  
Postwar Period ◽  
Member States ◽  
Eu Member States ◽  
The Us ◽  
The Uk ◽  
The Eu

For most of the postwar period both labour and total factor productivity growth in the EU was higher than in the US. The 1990s witnessed a change in this trend with the US experiencing higher growth rates for the first time in decades. This was partly due to the end of catch-up growth as many larger EU Member States had reached US levels by the beginning of the decade with also some evidence of a higher ‘New Economy’ impact in the US. The productivity record of the UK was poor relative to its major European competitors throughout most of the postwar period, although this relative decline appears to have come to an end. This paper presents figures on relative productivity for the total EU and individual Member States in the 1990s. Both postwar convergence and trends in the 1990s are discussed in terms of a number of factors which result in the emergence of differences across European countries. These include the skill composition of the workforce, the rate of introduction of new technology and the institutional environment in which firms operate. The latter include the stability of the macroeconomic environment and aspects of competition and regulation. The paper concludes that trends in productivity largely reflect long-term structural aspects but that EMU membership might have a small favourable effect on UK productivity.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

scholarly journals Prisoner Transfer Within the Irish-UK Common Travel Area (CTA) After Brexit: Human Rights Between Politics and Penal Reform

2020 ◽  
pp. 002201832097752
Author(s):  
Tim J Wilson
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Member States ◽  
Eu Member States ◽  
Penal Reform ◽  
Long Duration ◽  
Domestic Courts ◽  
Uk Government ◽  
The Uk ◽  
The Eu

The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.

scholarly journals Multiple Criteria Evaluation of the EU Country Sustainable Construction Industry Lifecycles

2020 ◽  
Vol 10 (11) ◽  
pp. 3733
Author(s):  
Arturas Kaklauskas ◽  
Edmundas Kazimieras Zavadskas ◽  
Arune Binkyte-Veliene ◽  
Agne Kuzminske ◽  
Justas Cerkauskas ◽  
...  
Keyword(s):  
Well Being ◽  
Multiple Criteria ◽  
Macro Level ◽  
Sustainable Construction ◽  
Negative Consequences ◽  
Decision Matrix ◽  
Member States ◽  
Eu Member States ◽  
The Uk ◽  
The Eu

This article looks at the trends and success of the sustainable construction industries in the EU member states, the UK and Norway. The research, covering the past three decades, revealed that different quality of life, macroeconomic, human development, construction and well-being factors define the sustainable construction industries in the EU member states, the UK and Norway. A multiple criteria decision matrix was created and analysed to look at the EU member countries, the UK and Norway from the perspective of their macro level environment and construction industries. Assessments of the sustainable construction industries were completed by using the COmplex PRoportional Assessment (COPRAS) and Degree of Project Utility and Investment Value Assessments (INVAR), two analysis methods. A look was taken at the dependencies linking the indicators related to the construction industries and macro level in the EU member countries, the UK and Norway. Then, the multiple criteria analysis of the construction industry’s utility degree and performances were completed, and recommendations were generated. A country’s perceived image and success can influence the economic behaviour of consumers. By and large, advanced and successful countries rarely become associated with a negative national image and their products and services rarely suffer negative consequences due to such association. This research, then, offers findings that can assist potential buyers in more rational decision-making when choosing of products and services based on a country of origin.

scholarly journals United Kingdom’s contribution to European research output in biomedical sciences: 2008–2017

2020 ◽  
Vol 46 ◽  
Author(s):  
Raoul Tan ◽  
Eric Sijbrands
Keyword(s):  
United Kingdom ◽  
Transition Period ◽  
Research Output ◽  
Scientometric Analysis ◽  
Biomedical Sciences ◽  
Member States ◽  
Eu Member States ◽  
The World ◽  
The Uk ◽  
The Eu

Background: On 31 January 2020, the United Kingdom (UK) formally left the European Union (EU). Only a short transition period, until 31 December 2020, is available to negotiate collaborations for research in biomedical sciences and health care. Within the European scientific community, two opinions are common: 1) Brexit is an opportunity to obtain more funding at the expense of the departing British; and 2) UK colleagues should continue to collaborate in EU scientific efforts, including Horizon Europe and Erasmus+. To provide evidence for more informed negotiations, we sought to determine the contribution of the UK to EU&rsquo;s research in biomedical sciences. Methods: We performed a macro level scientometric analysis to estimate the contribution of the UK and EU member states, including those associated with EU-funding (EU+) namely Albania, Armenia, Bosnia-Herzegovina, Faroe Islands, Georgia, Iceland, Israel, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Tunisia, Turkey, and Ukraine, to preclinical, clinical and health sciences. We searched the Web of Science database to count the total number of scientific publications and the top 1% most cited publications in the world between 2008 and 2017, calculated the performance efficiency by dividing the top 1% by the total number, and calculated the odds ratios to create a ranking of performance efficiency. We then compared the contribution of the UK to all the EU+ -based publications and the top 1% to the contributions of the ten EU member states with the largest biomedical research output and also compared the respective contributions to EU+ publications that resulted from collaborations with other regions in the world. Results: We found 2,991,016 biomedical publications from EU+ during 2008&ndash;2017, of which 19,019 (0.64%) were in the world&rsquo;s top 1% of the most cited publications. The UK produced 665,467 (22.3%) of these publications and had over two and a half times more top 1% most cited publications than the EU+ (odds ratio 2.79, 95% CI 2.71&ndash;2.88, p< 0.001). The UK&rsquo;s share in the EU+ co-publications with regions outside Europe ranged between 23.0% for the Arab League and 50.6% for Australia and New Zealand and its share of the top 1% ranged between 48.6% for the USA and Canada and 70.7% for the African Union. Conclusions: The UK contributed far more highly cited publications than the rest of the EU+ states and strongly contributed to European collaborations with the rest of the world during 2008&ndash;2017. This suggests that if the UK ceases to participate in EU scientific collaborations as a result of Brexit, the quantity and quality of EU&rsquo;s research in biomedical sciences will be adversely affected.

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