Euro As Legal Tender (and Banknotes)

2020 ◽  
Author(s):  
Robert Freitag
Keyword(s):  
European Union ◽  
Euro Area ◽  
Public Law ◽  
Legal Certainty ◽  
Public And Private ◽  
Legal Tender ◽  
The Core ◽  
National Currencies ◽  
The Status ◽  
Private And Public

The provisions governing the euro as ‘European Single Currency’ are at the core of the Treaty on the Functioning of the European Union’s (TFEU) rules on the Economic Monetary Union (EMU). Since the euro has replaced the former national currencies of the participating Member States and is to substitute the national currencies of any future members of the euro area, it was mandatory to ascribe to the euro the status of exclusive ‘legal tender’ as per Article 128(1) TFEU. This status of the euro seems to be so evident as to be self-explanatory–but only at first glance since the concept of ‘legal tender’ and its implications in European Union (EU) and national private and public law are less clear. A satisfactory concept of legal tender is hard to define and hardly ever given on the EU level–resulting in a striking lack of legal certainty in a great variety of aspects of public and private law.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

Public Law Concentrate

2021 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Separation Of Powers ◽  
Public Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
The Status ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

Gender and the Rhetoric of Modernity in Spanish America, 1850-1910

2016 ◽  
Author(s):  
Lee Skinner
Keyword(s):  
Nineteenth Century ◽  
Gender Roles ◽  
Spanish America ◽  
Political Life ◽  
Spanish American ◽  
Public And Private ◽  
Men And Women ◽  
The Status ◽  
Private And Public ◽  
Status Of Women

Gender and the Rhetoric of Modernity in Spanish America, 1850–1910, proposes that in the nineteenth century, discourses of modernity shaped ideas about gender and especially about the status of women in private and public life at the same time as those concepts of the modern were themselves formed in the Spanish American context by both received and newly-emerging notions of gender roles held by Spanish American intellectuals. Men and women took advantage of the rhetoric of modernity in order to attach their own agendas to those discourses about modernity. The book asserts that the rhetorical nature itself of modernity in Spanish America allowed intellectuals to connect these differing, even contradictory, interpretations to it. Writers used the rhetoric of modernity as they advanced their own agendas and shaped the rhetoric of modernity as a utopian projection of the national future, further allowing them to imagine a nation that included women at all levels of social and even political life. In so doing, they established discursive modalities that competed with other nation-building discourses and that placed gender as a central, ongoing concern at all levels of society. The book looks at public and private space; domesticity; education; and technology and work in nineteenth-century Spanish America and conveys a full understanding of the ways that gender roles were conjoined with the processes of modernization and national consolidation and includes texts by men and women that range from novels and essays to newspaper articles and advertisements, selected from multiple countries, and placed into their socio-cultural contexts.

The Boundaries of Comparative Law

2017 ◽  
Vol 13 (1) ◽  
pp. 13-22
Author(s):  
Mark Tushnet
Keyword(s):  
International Law ◽  
Political Theory ◽  
Comparative Politics ◽  
Comparative Law ◽  
Public Law ◽  
Public And Private ◽  
Private And Public ◽  
Political Dimensions ◽  
Domestic Law ◽  
National Styles

Boundaries: between public and private law – Political dimensions of private and public law – Boundaries between domestic law and transnational and international law – Boundaries between law and other disciplines, including economics, comparative politics, normative political theory, and hermeneutic disciplines – National styles of comparative law scholarship – Analytic and pragmatic traditions in comparative law scholarship

scholarly journals European-Wide Inequality in Times of the Financial Crisis

2016 ◽  
pp. 7
Author(s):  
Timm Bönke ◽  
Carsten Schröder
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Euro Area ◽  
Driving Force ◽  
The European Union ◽  
Inequality Decomposition ◽  
Eu Member States ◽  
The Core ◽  
Observation Period ◽  
The Eu

In view of rising concerns over increasing inequality in the European Union since the financial crisis, this study provides an inequality decomposition of the overall European income distribution by country. The EU Statistics on Income and Living Conditions are our empirical basis. Inequality has risen moderately within the core Euro area, particularly in the last two years of the observation period (2010/11). Widening disparities between EU Member States are the driving force behind this trend, while inequalities within countries do not exhibit systematic changes. An analysis of binational distributions reveals that it is the countries hit worst by the crisis—Greece and Spain —for which the between-country disparities have changed most markedly.

scholarly journals Cultures in Dialogue. Institutional and Individual Challenges for EU Institutions and EU Citizens from the Perspective of Legal Linguistics

2017 ◽  
Vol 24 (46) ◽  
pp. 25
Author(s):  
Karin Luttermann
Keyword(s):  
European Union ◽  
Language Model ◽  
Language Models ◽  
The European Union ◽  
Legal Certainty ◽  
Native Languages ◽  
The Status ◽  
Rules Of Procedure ◽  
Global Language ◽  
The Eu

In the European Union, numerous cultures have entered into dialogue. Currently, there are 23 official languages (EU languages) and therefore 506 possible language combinations for translation. This makes demands on the EU institutions and on EU citizens as well. Linguistic divergence makes legal certainty a rather shaky matter. There are also divergences from the EU linguistic regime regarding the official and the working languages. For reasons of efficiency, the institutions of the Union communicate internally in merely a small number of working languages, for the most part without any basis for this in the Rules of Procedure. The Court of Justice of the European Union traditionally uses French. All documents are translated from the language of the case into the working language. Although the decision, formulated in French, is re-translated into the language of the case, this translated version is classified as the original version and not as a translation. This is of importance for the status of authenticity because the decision only has full legal effect in the language of the case.Traditional language models favour a reduction of the EU languages. Their representatives argue either with regard to the practice of the use of three languages in the EU institutions, or they advocate English as a global language, or they call for neutral languages. In contrast, the European Reference Language Model, which is developed along the lines of legal linguistics, suggests a concept of reference and native languages. It would lead to a reduction in the translation load in Brussels and Luxembourg. But first and foremost, it would be able to improve the linguistic quality of legal documents (e.g., directives, regulations) and therefore also their application to legal practice (e.g. legal certainty, comprehensibility of legal texts). At the same time, the model respects the dignity of each EU Member State in the form of its language.

scholarly journals Public and Private Enforcement in European Union Food Law

2022 ◽  
pp. 1-14
Author(s):  
Kai P. Purnhagen ◽  
Alexandra Molitorisová
Keyword(s):  
European Union ◽  
New Technologies ◽  
Social Science Research ◽  
Science Research ◽  
Private Enforcement ◽  
Public And Private ◽  
Food Law ◽  
Public And Private Enforcement ◽  
Private And Public ◽  
Enforcement Mechanisms

Abstract What type of enforcement is the most effective to punish violations of food law or to prevent them from occurring in the first place? This article examines the question of which mix of private and public enforcement exists in European Union (EU) food law and whether this mix corresponds to the recommendations of existing social science research. Based on this research, we contend that EU-determined enforcement mechanisms differ in effectiveness across Member States. New technologies have the potential to stimulate a novel mix of public and private enforcement tools at the EU and national levels.

scholarly journals Independent Community Archives: Challenging the Status Quo of Private and Public Archives

Atlanti ◽  
2018 ◽  
Vol 28 (1) ◽  
pp. 207-215
Author(s):  
Anne J. Gilliland ◽  
Tamara Štefanac
Keyword(s):  
United Kingdom ◽  
North America ◽  
Status Quo ◽  
Public And Private ◽  
Community Archives ◽  
The United Kingdom ◽  
The Status ◽  
Private And Public ◽  
Legislative Framework ◽  
Public Archives

The community archives movement has emerged as a prominent, and often critical, presence within, and also outside the archival traditions and practices in North America and the United Kingdom. They can take many forms and often contest how both public and private archives in these regions have historically been understood, structured and operated. This paper first presents a brief review of some of the ways in which community archives have been framed in the archival literature. It then considers several questions regarding how such framings of community archives might challenge the status quo of private and public archives as currently defined and organized under the recently revised Croatian legislative framework and proposes a more conciliatory approach.

scholarly journals Comparing the Quality of Services by Public and Private Banks in the View of Customers

2015 ◽  
Vol 52 ◽  
pp. 139-149
Author(s):  
Zolfa Haghgooyan ◽  
Gholamreza Jandaghi ◽  
Leyli Sharifi
Keyword(s):  
Quality Of Services ◽  
Single Population ◽  
Public And Private ◽  
Population Average ◽  
Private Banks ◽  
The Status ◽  
Private And Public ◽  
Public Banks ◽  
Descriptive Survey

Present paper aims at studying and comparing the quality of services by public and private banks of Qom Province in the view of customers. This is an applied study and it is a descriptive survey in terms of data collection method. Its population consists of customers of Qom Province public and private banks, SERVQUAL standard model is used in present study. It includes five aspects: Reliability, Tangibility, Responsiveness, Assurance and Empathy.To study the quality of services and their aspects in public and private banks, single population average test is used while two – population average test is utilized to compare the quality of services in private and public banks. The results from single population average tests indicate that the status of service quality and the aspects of SERVQUAL are desired in both Qom Province private and public banks. Likewise, the results for two – population average tests reveal that provided services by both public and private banks have similar quality and there is no difference between them in this regard. Concerning the SERVQUAL model, the findings indicate that physical environment of private banks is better than public peers. However, there is no difference between them in other aspects.

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