E pluribus unum? Language diversity and the harmonization of company law in the European Union

2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli
Keyword(s):  
European Union ◽  
Case Studies ◽  
Company Law ◽  
Language Diversity ◽  
The European Union ◽  
Freedom Of Establishment ◽  
First Case ◽  
Definition Of ◽  
The Impact

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

Unregulated Algorithmic Trading: Testing the Boundaries of the European Union Algorithmic Trading Regime

2020 ◽  
Vol 6 (2) ◽  
pp. 270-305
Author(s):  
Clara Martins Pereira
Keyword(s):  
European Union ◽  
Equity Markets ◽  
Algorithmic Trading ◽  
Market Quality ◽  
Financial Instruments ◽  
The European Union ◽  
New Type ◽  
Definition Of ◽  
The Impact ◽  
Trading Regime

Abstract Trading in modern equity markets has come to be dominated by machines and algorithms. However, there is significant concern over the impact of algorithmic trading on market quality and a number of jurisdictions have moved to address the risks associated with this new type of trading. The European Union has been no exception to this trend. This article argues that while the European Union algorithmic trading regime is often perceived as a tough response to the challenges inherent in machine trading, it has one crucial shortcoming: it does not regulate the simpler, basic execution algorithms used in automated order routers. Yet the same risk generally associated with algorithmic trading activity also arises, in particular, from the use of these basic execution algorithms—as was made evident by the trading glitch that led to the fall of United States securities trader Knight Capital in 2012. Indeed, such risk could even be amplified by the lack of sophistication of these simpler execution algorithms. It is thus proposed that the European Union should amend the objective scope of its algorithmic trading regime by expanding the definition of algorithmic trading under the Markets in Financial Instruments Directive (MiFID II) to include all execution algorithms, regardless of their complexity.

scholarly journals Impact of Artificial Intelligence Research on Politics of the European Union Member States: The Case Study of Portugal

2020 ◽  
Vol 12 (17) ◽  
pp. 6708 ◽  
Author(s):  
João Reis ◽  
Paula Santo ◽  
Nuno Melão
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Science ◽  
Healthcare Services ◽  
Future Research ◽  
The European Union ◽  
Multimethod Research ◽  
Holistic Understanding ◽  
The Impact

Currently, artificial intelligence (AI) is at the center of academic and public debate. However, its implications on politics remain little understood. To understand the impact of the AI phenomenon on politics of the European Union (EU), we have carried out qualitative multimethod research by performing a systematic literature review and a case study. The first method was performed according to the preferred reporting items for systematic reviews and meta-analyses (PRISMA), in order to report the state-of-the-art in the existing literature and explore the most relevant research areas. The second method contained contributions from experts in data science and AI of the Portuguese scientific community. The results showed that solutions such as intelligent decision support systems are improving the political decision-making process and impacting the Portuguese society at local, regional, and national levels. We also found that practitioners and scientists are currently shifting their interests from environmental and biological sciences to healthcare services, which is bringing new challenges in terms of protecting patient/citizen data and growing concerns about handling of critical information. Future research may focus on comparative studies with other EU States to obtain a comprehensive and holistic understanding of the AI phenomenon.

scholarly journals Beyond Persecution: Exploring Alternative Refugee Narratives in Jenny Erpenbeck

2020 ◽  
Vol 7 (1) ◽  
pp. 23-38
Author(s):  
Jessy Carton
Keyword(s):  
European Union ◽  
Literary Text ◽  
The European Union ◽  
Powerful Source ◽  
First Case ◽  
Laws And Policies ◽  
And Migration

In bureaucratic settings, complex refugee narratives are often converted into stereotypical accounts of persecution guided by questions asked by protection officers. This article explores potential room for improvement in these administrative dialogues on displacement through literary text analyses. I argue that literature does not only operate as a platform to contest laws and policies, but also as a powerful source of alternative modes of narration in the context of asylum and migration. This point is demonstrated in a first case study of the dialogues on refuge in the European Union embedded in Jenny Erpenbeck’s acclaimed novel Gehen, ging, gegangen (2015).

scholarly journals Fundamentals of European Civil Law

1997 ◽  
Vol 27 (2) ◽  
pp. 388
Author(s):  
A H Angelo
Keyword(s):  
European Union ◽  
Civil Law ◽  
Comparative Law ◽  
Company Law ◽  
Private Law ◽  
The European Union ◽  
Labour Law ◽  
Commercial Company ◽  
The Impact

This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and correct view of the impact of the European Union on aspects of the private law of the member states. 

Beyond the Bosphorus?

2009 ◽  
Vol 8 (2) ◽  
pp. 223-243 ◽  
Author(s):  
Andreas Wimmel
Keyword(s):  
European Union ◽  
Public Sphere ◽  
The Other ◽  
The European Union ◽  
Public Spheres ◽  
The One ◽  
The Impact ◽  
Interpretation Patterns ◽  
The Eu

This article examines the impact of national borders on public discourses, based on a case study of the struggle surrounding Turkey’s application to join the European Union (EU). Comparing opinions, reasons and interpretation patterns in quality press commentaries about enlarging the EU beyond the Bosphorus, the article confirms the importance and robustness of national cleavages between the German and the French public spheres on the one hand and the British public sphere on the other. Whereas Turkish membership was predominantly rejected on the continent, the British commentators strongly and almost unanimously supported Ankara’s request. These similarities and divergences, I argue, are first and foremost the result of competing visions of Europe’s finality, especially regarding various constitutional ideas and cultural principles. Against this background, the Turkey question was partly exploited as an instrument to advance or to suppress different concepts on the future of European integration.

scholarly journals Tackling distribution-related shortages of medicines: An Italian case study evaluated in the European Union framework

2019 ◽  
Vol 3 ◽  
pp. 239920261985685 ◽  
Author(s):  
Domenico Di Giorgio ◽  
Giuseppe Scrofina ◽  
Barbara Scognamiglio ◽  
Nadia Di Carluccio ◽  
Romina Tulimiero ◽  
...  
Keyword(s):  
European Union ◽  
Ad Hoc ◽  
The European Union ◽  
Short Term ◽  
European Regulation ◽  
Italian Case ◽  
Set Up ◽  
Definition Of

Availability of human medicines is affected by problems associated with both manufacturing and distribution-related issues. The lack of definition of “shortages” or “unavailability” of medicines in European regulation represents an obstacle to the set up of proper preventive and counteracting measures. In this review, we describe how, within this framework, Italy started a program of shared activities, involving central and local authorities, police forces, and private stakeholders’ associations through an “ ad hoc technical forum,” that reduced the extent of the problem, at least in the short term, as demonstrated through some indicators defined by considering the key medicines affected by unavailability due to distribution-related issues. These measures should be strengthened and complemented with others so as to ensure their effectiveness in the long term.

scholarly journals The concept of abuse in tax matters within European Union law

2021 ◽  
Vol 13 (2) ◽  
pp. 362-401
Author(s):  
Daniel E. Márquez Lasso
Keyword(s):  
European Union ◽  
Value Added ◽  
Company Law ◽  
The European Union ◽  
European Union Law ◽  
Freedom Of Establishment ◽  
Service Contracts ◽  
The Face ◽  
Restrictive Measures ◽  
The Eu

The principle of prohibition of abuse of rights is applicable in fields as varied as the free movement of goods (judgment of 10 of January 1985, Association des Centres distributeurs Leclerc and Thouars Distribution, Case 229/83), freedom to provide services (judgment of 3 of February 1993, Veronica Omroep Organisatie, Case C‑148/91), public service contracts (judgment of 11 of December 2014, Azienda sanitaria locale n. 5 Spezzino and Others, Case C‑113/13), freedom of establishment (judgment of 9 of March 1999, Centros, Case C‑212/97), company law (judgment of 23 of March 2000, Diamantis, Case C‑373/97), social security (judgments of 2 of May 1996, Paletta, Case C‑206/94; of 6 of February 2018, Altun and Others, Case C‑359/16; and of 11 of July 2018, Commission v Belgium, Case C‑356/15), transport (judgment of 6 of April 2006, Agip Petroli, Case C‑456/04), social policy (judgment of 28 of July 2016, Kratzer, Case C‑423/15), restrictive measures (judgment of 21 of December 2011, Afrasiabi and Others, Case C‑72/11) and value added tax (judgment of 21 of February 2006, Halifax and Others, Case C‑255/02) and, in that sense, the EU principle of prohibition of abuse of law has been developing within the jurisprudence of the Court of Justice of the European Union since the mid-1970s, addressing it in multiple ways, not only in the face of different factual assumptions, which would be understandable and even necessary but, in its evolution, treating asymmetrically the handling of the requirements that must be met to reach the conclusion of the existence of practices abusive.

Sign in / Sign up

Export Citation Format

Share Document