Identifying a system-neutral meaning of a title transfer financial collateral arrangement in the Financial Collateral Directive

2021 ◽  
Author(s):  
Obiora Ezike
Keyword(s):  
European Union ◽  
Functional Method ◽  
Functional Perspective ◽  
Eu Directives ◽  
Definition Of

Abstract European Union (EU) directives adopt a functional method. This implies that they are drafted on the assumptions that implementing laws are functionally equivalent and, crucially, that the concepts they contain are system neutral without doctrinal commitment. This article primarily tests these assumptions by exploring the definition of title transfer financial collateral arrangements (TTFCA) in the Financial Collateral Directive. It is argued that the Directive offers a stable meaning of a TTFCA that can be identified in most systems, although, in some cases, there are slight conceptual tensions that require a more contextual, rather than a functional, perspective.

scholarly journals Institutional Maximization and Path Dependency: The Delay of Implementation of the European Union Public Sector Information Directive in Sweden

2016 ◽  
Vol 8 (1) ◽  
pp. 84-101 ◽  
Author(s):  
Jan Kallberg ◽  
Erik Lakomaa
Keyword(s):  
European Union ◽  
Public Sector ◽  
Path Dependence ◽  
Information Dissemination ◽  
Administrative Law ◽  
The European Union ◽  
Public Sector Information ◽  
Eu Directives ◽  
Path Dependent ◽  
Definition Of

The translation of the word ‘document’ in the 2003/98/EC directive on the re-use of public sector information into Swedish had several alternative words but used the word ‘handling’. The administrative law precedence for the word ‘handling’ has embedded several assumptions of the actual document, and based on a precedence that started in the 1760s the interpretation became path dependent. The Swedish case of how bureaucratic inertia and path dependence can stall the implementation of EU directives is. The Swedish government’s initial stance claimed that public sector information is not within the European Commission’s jurisdiction and driven by the definition of ‘handling’. This posture has been supported and defended by the Swedish bureaucracy, unwilling to share the information with private entities, and seeking to maximize the bureaucratic influence. The Swedish case visualizes the complexity to implement legislation pursuing information dissemination requiring the cooperation of an established path dependent bureaucracy.

E-health developments in the system of health services in Hungary and the European Union

2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi
Keyword(s):  
Health Care ◽  
European Union ◽  
Public Discourse ◽  
Action Plan ◽  
Fundamental Rights ◽  
Public Health Care ◽  
The European Union ◽  
Contemporary Issue ◽  
Definition Of ◽  
Basic Features

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

scholarly journals Characteristics of Models of Farms in the European Union

2021 ◽  
Vol 13 (9) ◽  
pp. 4772
Author(s):  
Hanna Klikocka ◽  
Aneta Zakrzewska ◽  
Piotr Chojnacki
Keyword(s):  
European Union ◽  
Minimum Wage ◽  
Large Scale ◽  
The European Union ◽  
Family Farms ◽  
Agricultural Income ◽  
Commercial Farms ◽  
Standard Output ◽  
Definition Of ◽  
The Eu

The article describes and sets the definition of different farm models under the categories of being family, small, and large-scale commercial farms. The distinction was based on the structure of the workforce and the relationship between agricultural income and the minimum wage. Family farms were dominated by the farming family providing the labour and their income per capita exceeded the net minimum wage in the country. The larger commercial farms feature a predominance of hired labour. Based on surveys, it was found that in 2016 in the EU-28 there were 10,467,000 farms (EU-13—57.3%, EU-15—42.7%). They carried out agricultural activities on an area of 173,338,000 ha (EU-13—28.5%, EU-15—71.5%). Countries of the EU-28 generated a standard output (SO) amounting to EUR 364,118,827,100 (EU-13—17.2% and EU-15—82.8%). After the delimitation, it was shown that small farming (70.8%) was the predominant form of management in the European Union (EU-13—88.2% and EU-15—79.8%) compared to family farming (18.4%) (EU-13—10.5% and EU-15—29%). In most EU countries the largest share of land resources pertains to small farms (35.6%) and family farms (38.6%) (UAA—utilised agricultural area of farms).

What, Where and Why is Europe? Some Answers from Recent Historiography

2010 ◽  
Vol 40 (4) ◽  
pp. 701-713 ◽  
Author(s):  
Philipp Nielsen
Keyword(s):  
European Union ◽  
Big Bang ◽  
The Political ◽  
Clear Definition ◽  
The European Union ◽  
Alexander Von Humboldt ◽  
Catching Up ◽  
History Of ◽  
Institutional Expansion ◽  
Definition Of

Writing the history of a continent is generally a tricky business. If the continent is not even a real continent, but rather ‘a western peninsula of Asia’ (Alexander von Humboldt) without a clear definition of where the continent becomes peninsula, things do not get any easier. Despite these problems there is no dearth of trying. In fact, writing European histories seems to become more fashionable by the year — ironically just as the political and institutional expansion of Europe is losing steam. While the European Union is catching its breath, the historians are catching up. With the first wave of post-Euro and post-big-bang-Enlargement literature written, it is time for the reviewer to survey the landscape — and to provide some guideposts for future exploration.

De structuur van de besluitvorming in de Raad van de Europese Unie

Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 381-398
Author(s):  
Jan Beyers
Keyword(s):  
Decision Making ◽  
European Union ◽  
Functional Approach ◽  
Council Decision ◽  
Working Groups ◽  
Definition Of ◽  
The Impact ◽  
The Way

In spite of its importance in European Union decision making, research on the functioning of the Council is scarce (Wessels, 1991). Based on empirical findings this article gives some new insights in the way Council decision making is institutionalized. The first part focusses on the characteristics of Council working groups and the different positions of actors in the decision making network. Our findings confirm the definition of the Council as a highly bureaucratized institution. Interesting is that the diversity of tasks of the different actors(working groups, Coreper, CSA etc.) strengthens the impact of national administrations in Council decision making. The second part explores the reasons for this impact. This article adds to the functional approach, which over-emphasizes the adaptive character of the Council, the perception of the Council as an intergovernmental component in a supranational system.

scholarly journals DEFINITION OF NEW SPATIAL REGIONS IN SOUTH-EAST EUROPE

2020 ◽  
Vol 8 (11) ◽  
pp. 449-454
Author(s):  
Kamen Petrov ◽  
Keyword(s):  
European Union ◽  
Regional Development ◽  
European Economic Area ◽  
The European Union ◽  
East Europe ◽  
Cross Border ◽  
South East Europe ◽  
Economic Area ◽  
Definition Of ◽  
Cross Border Cooperation

The exhibition presents the problems of cross-border cooperation and opportunities for partnership. Within the European Union, conditions are created for regional development on the national territory, as well as for border and cross-border cooperation. In this direction, the article outlines the processes of building a number of Euroregions, which are designed to promote regional development. This report will clarify some of the reasons for their construction, their role and what model of cooperation is available within the European Economic Area.

scholarly journals One Health approach for West Nile virus surveillance in the European Union: relevance of equine data for blood safety

2019 ◽  
Vol 24 (16) ◽  
Author(s):  
Johanna J Young ◽  
Denis Coulombier ◽  
Dragoslav Domanović ◽  
Hervé Zeller ◽  
Céline M Gossner ◽  
...  
Keyword(s):  
European Union ◽  
West Nile Virus ◽  
Human Case ◽  
The European Union ◽  
Blood Safety ◽  
West Nile ◽  
Safety Measures ◽  
Virus Surveillance ◽  
Definition Of ◽  
The Eu

West Nile virus (WNV) infection is notifiable in humans and equids in the European Union (EU). An area where a human case is detected is considered affected until the end of the mosquito transmission season (week 48) and blood safety measures have to be implemented. We used human and equine case notifications between 2013 and 2017 to define the WNV distribution in the EU and to investigate the relevance of using equine cases as a complementary trigger for blood safety measures. Adding areas with equine cases to the definition of an affected area would have a major impact on blood safety measures. Adding areas with equine cases where human cases have been reported in the past would increase the timeliness of blood safety measures with only a limited impact. Although the occurrence of human and/or equine cases confirms virus circulation in the EU, no evidence was found that occurrence of equine cases leads to human cases and vice versa. We conclude that information about equine data should contribute to raising awareness among public health experts and trigger enhanced surveillance. Further studies are required before extending the definition of affected areas to areas with human and/or equine cases.

scholarly journals THE INFLUENCE OF THE INTEGRATION IN THE EUROPEAN UNION ON THE ROMANIAN FISCAL LEGISLATION

2008 ◽  
pp. 56
Author(s):  
Mircea Muntean ◽  
Doina Pacurari
Keyword(s):  
European Union ◽  
Fiscal Policy ◽  
Negative Impact ◽  
Value Added ◽  
The European Union ◽  
European Directives ◽  
Eu Directives ◽  
Dividend Tax ◽  
Excise Duties ◽  
The Eu

Fiscal policy constitutes – within the state's economic policy – a system by means of which the taxes and duties owed to the country's consolidated budget are established and collected. Taking into account the role fiscal policy has been playing since Romania's admission in the European Union, one of the goals ceaselessly looked for is its adapting to the international community's acquis through the implementation of the European directives in our context. The EU directives make reference to direct taxes: dividend tax, interest income tax, assets transfer, shares exchange, income taxation for the non-residents, and so on, along with the indirect taxes: value-added tax, excise duties, etc. The paper approaches the main provisions within the contents of the European directives as well as the means of their implementation in the Romanian fiscal legislation regarding various types of taxes. The implementation of the European directives has been simultaneous with the establishing of measures concerning fiscal fraud prevention, frauds liable to have a negative impact on the state's consolidated budget.

scholarly journals Permanent Establishment – New Concept

2019 ◽  
pp. 445-456
Author(s):  
César García Novoa
Keyword(s):  
European Union ◽  
New Economy ◽  
Tax Law ◽  
The European Union ◽  
Traditional Definition ◽  
Permanent Establishment ◽  
International Tax ◽  
Definition Of

The permanent establishment is an essential concept in International Tax Law. The traditional definition was based on the existence of a fixed place of business. At present, the new economy requires a change in the concept of permanent establishment. The topic of permanent establishment is based today on the so-called sufficient economic presence. The European Union is working on the definition of a permanent digital establishment.

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