scholarly journals Cross-Border Disputes on on-Line Consumer Contracts in the European Union. The Brussels Convention, the Brussels Regulation and the Role of Alternative Dispute Resolution Systems

2001 ◽  
Vol 2 (2) ◽  
pp. 231-266
Author(s):  
Aurelio Lopez-Tarruella
2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.


2021 ◽  
Vol 30 (1) ◽  
pp. 153-162
Author(s):  
Giada Laganà ◽  
Timothy J. White

The growing interaction between local cultures and international organisations suggests the need for peacebuilders to act strategically when trying to overcome cultural differences and build trust in societies long divided by bloody conflicts. This task is more difficult because the mental barriers that divide people and cultures are exacerbated by borders and walls. Through an analysis of the evolving role of the European Union (EU) in peacebuilding in the border region of Ireland, this forum contribution examines the potential of international organisations to enhance reconciliation by creating new cultural opportunities for cooperation. Existing scholarship focuses mainly on policy initiatives, strategies, directives and funding bodies, often failing to mention how theories are deployed by practitioners especially in the realm of cultural programmes.


2015 ◽  
Vol 8 (1) ◽  
pp. 77-83
Author(s):  
Eva Turk ◽  
Stephen Leyshon ◽  
Morten Pytte

Patient safety is a right and it raises particular issues in the context of cross-border care. Patients should be able to have trust and confidence in the healthcare structure as a whole; they must be protected from the harm caused by poorly functioning health systems, medical errors and adverse events. This paper addresses the state of cross-border healthcare in the European Union, the state of patient safety, the question of quality assurance and the role of accreditation as a risk based approach.


2017 ◽  
Vol 24 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Gabriella Berki

The language barrier and the lack of reliable information were identified as major practical obstacles of European patient mobility. Patients are highly concerned about the ability to communicate with their doctors when obtaining healthcare in a country where they do not speak the local language, as well as they find it complicated to gather all the necessary information about an unfamiliar healthcare system or about their cross-border healthcare entitlements conferred on them by the Union legislation. In a multilingual and patient-friendly European Union these issues must be tackled in order to ensure effective healthcare and to enforce patients’ right to cross-border healthcare. This article investigates the current legal tools within the European Union on language gap in patient-provider communication and access to information on cross-border healthcare entitlements. Moreover, it offers some possible solutions for the future.


Author(s):  
Reinhard Bork ◽  
Renato Mangano

This chapter is an introduction to the issues involved in cross-border insolvency cases and their regulation as covered by the EIR, which recast the OR. It also provides a view-from-the-cathedral of EU Regulation 2015/848; a concise description of its history, aims, and principles; as well as a list of the other relevant sources of law, including those of soft law such as the UNCITRAL Model Law and the European Communication and Cooperation Guidelines for Cross-border Insolvency (the so-called ‘CoCo Guidelines’). Finally, the role of the Court of Justice of the European Union (CJEU) for the interpretation of European insolvency law and its judicial activism are analysed.


2011 ◽  
pp. 155-158
Author(s):  
Szabolcs Pásztor

This study aims to uncover the role of the Schengen borders of the European Union in rural and settlement development. Schengen integration applies certain restrictions at the external border-crossings, so the filtering role is to be taken into consideration. In addition to the disappearance of borders in the globalising economic area, the strict Schengen rules further burden the development of cross-border interactions, bringing about less frequent border crossings. Moreover, the economic integration of the affected borderlands would remain sluggish. The author points to the fact that the dynamics of a border interaction system should include a Schengen border degree between the interdependent and integrated borderland levels. Consequently, the Schengen borderlands should be in the focus of further border studies.


2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.


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