scholarly journals The Limits of Choice of Applicable Law under the European Union Regulation No. 864/2007 of 11 July 2007 “On the Law Applicabl to Non-Contractual Obligations”

2017 ◽  
pp. 76-84
Author(s):  
Кирилл Нам ◽  
Kirill Nam
Keyword(s):  
European Union ◽  
Private International Law ◽  
The European Union ◽  
Legal Norms ◽  
Applicable Law ◽  
Eu Regulation ◽  
Eu Countries ◽  
The Law ◽  
Contractual Obligations ◽  
The Eu

The tendency toward unification of EU countries’ national legal orders is a natural and necessary part of integration processes within the European Union. However, due to the diversity and differences of legal systems and cultures in the European states, the question of establishing a complete uniformity of material legal norms, first of all, in the field of private law, seems to be the one of a remote future. In this regard, a milestone development has been the unification of EU countries’ legal norms of private international law concerning non-contractual obligations, i. e. the adoption and entry into force of the EU Regulation (Rome II). One of the main novelties introduced therein is the principle of parties’ autonomy according to which parties to a non-contractual obligation have the right to choose the law to be applied to their relationship. The author analyzes and systemizes the limits of such a choice contained in the EU Regulation (Rome II). Parties to non-contractual obligations through the choice of applicable law can build their relationships in a way that corresponds to their goals and wishes. However, at the same time they should carefully consider all limitations of their choice of law and possible legal implications of it which are contained in the EU Regulation (Rome II).

scholarly journals Fogyasztóvédelem a villamosenergia szolgáltatás területén

2020 ◽  
Vol 15 (28) ◽  
pp. 37-85
Author(s):  
Judit Barta
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Eu Regulation ◽  
Consumer Rights ◽  
Energy Union ◽  
The Law ◽  
The Eu ◽  
Research Studies

This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.

scholarly journals Rome I Regulation a—Mostly—Unified Private International Law of Contractual Relationships within—Most—of the European Union

2011 ◽  
Vol 29 (2) ◽  
Author(s):  
Behr Volker
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Contractual Relationships ◽  
The Law ◽  
Contractual Obligations ◽  
One Year ◽  
Rome I

The year 2009 was an important year in the development of unified private international law in the European Union. At the beginning of the year, Regulation (EC) No. 864/2007 on the law applicable to non-contractual obligations (Rome II)  entered into force. And at the end of the year Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I) followed suit. Hence, within one year significant parts of the private international law relevant to international business transactions have been unified within most of the Member States of the European Union. Further segments are to follow up on these developments.

scholarly journals Il Regolamento (UE) n. 1259/2010 sulla legge applicabile al divorzio e alla separazione personale nella recente prassi giurisprudenziale italiana = Recent Italian case-law concerning EU Regulation on the law applicable to divorce and legal separation

2018 ◽  
Vol 10 (1) ◽  
pp. 568 ◽  
Author(s):  
Federica Falconi
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Private International Law ◽  
The European Union ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Italian Case ◽  
The Law ◽  
Article 5

Riassunto: Il presente contributo propone una breve analisi della prassi applicativa italiana in relazione al regolamento (UE) n. 1259/2010 in tema di legge applicabile al divorzio e alla separazione personale. Solo in un ristretto numero di casi le parti si sono avvalse della facoltà di optio legis loro concessa dall’art. 5 del regolamento, accordando preferenza alla legge nazionale comune. Più spesso, in mancanza di un accordo delle parti, la legge applicabile è individuata in applicazione dell’art. 8: ciò conduce nella maggior parte delle ipotesi all’applicazione della legge dello Stato di residenza abituale dei coniugi, con il risultato di favorire l’integrazione sociale e ripristinando altresì la corrispondenza tra forum e jus.Parole chiave: Regolamento (UE) n. 1259/2010, divorzio e separazione personale, conflitti di leggi, diritto internazionale privato dell’Unione europea, optio legis, legge applicabile in mancanza di scelta.Abstract: This article offers a brief analysis of the Italian case-law concerning Regulation (EU) No 1259/2010 on the law applicable to divorce and legal separation. Only in a few cases, spouses have chosen the applicable law according to Article 5, by designating the law of their State of nationality. More frequently, absent a valid choice by the spouses, the law applicable to divorce or legal separation has been determined in accordance with Article 8: this usually leads to the application of the law of the country where the spouses are habitually resident, thereby promoting social integration and also restoring the correspondence between forum and jus.Keywords: Regulation (EU) No 1259/2010, divorce and legal separation, conflict-of-laws rules; private international law of the European Union, choice of law agreement, applicable law in the absence of a choice by the parties.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 43 European Union: European Union Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Graziano Thomas Kadner ◽  
Garcimartín Francisco ◽  
Van Calster Geert
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Choice Of Law ◽  
Foreign Law ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I ◽  
The Eu

This chapter evaluates European Union perspectives on the Hague Principles. The Rome I Regulation on the law applicable to contractual obligations is the most important instrument for determining the law governing international commercial contracts in the EU. It is a legislative act of the European Union and directly applies in all Member States of the European Union except for Denmark. For many issues, the Rome I Regulation is in conformity with the Hague Principles. Where the Hague Principles cover issues that have not yet been explicitly addressed by the Rome I Regulation, such as choice of law clauses in standard forms in Article 6(1)(b) of the Hague Principles, the European legislator may very well take the Hague Principles into consideration when amending the Regulation. In fact, the European legislator regularly takes inspiration from international and foreign law when legislating, amending the law, or covering new issues. In academic commentary, it has been suggested that the next revision of the Rome I Regulation shall, for certain issues, indeed take inspiration from the Hague Principles.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

scholarly journals Changes in Energy Consumption in Agriculture in the EU Countries

Energies ◽  
2021 ◽  
Vol 14 (6) ◽  
pp. 1570
Author(s):  
Tomasz Rokicki ◽  
Aleksandra Perkowska ◽  
Bogdan Klepacki ◽  
Piotr Bórawski ◽  
Aneta Bełdycka-Bórawska ◽  
...  
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
Energy Consumption ◽  
Correlation Coefficient ◽  
Renewable Energy Sources ◽  
Energy Sources ◽  
The European Union ◽  
Eu Countries ◽  
Research Hypothesis ◽  
The Eu

The paper’s main purpose was to identify and present the current situation and changes in energy consumption in agriculture in the European Union (EU) countries. The specific objectives were the determination of the degree of concentration of energy consumption in agriculture in the EU countries, showing the directions of their changes, types of energy used, and changes in this respect, establishing the correlation between energy consumption and changes in the economic and agricultural situation in the EU countries. All member states of the European Union were deliberately selected for research on 31 December 2018 (28 countries). The research period covered the years 2005–2018. The sources of materials were the literature on the subject, and data from Eurostat. Descriptive, tabular, and graphical methods were used to analyze and present materials, dynamics indicators with a stable base, Gini concentration coefficient, concentration analysis using the Lorenz curve, coefficient of variation, Kendall’s tau correlation coefficient, and Spearman’s rank correlation coefficient. A high concentration of energy consumption in agriculture was found in several EU countries, the largest in countries with the largest agricultural sector, i.e., France and Poland. There were practically no changes in the concentration level. Only in the case of renewable energy, a gradual decrease in concentration was visible. More and more countries developed technologies that allow the use of this type of energy. However, the EU countries differed in terms of the structure of the energy sources used. The majority of the basis was liquid fuels, while stable and gaseous fuels were abandoned in favor of electricity and renewable sources—according to which, in the EU countries, the research hypothesis was confirmed: a gradual diversification of energy sources used in agriculture, with a systematic increase in the importance of renewable energy sources. The second research hypothesis was also confirmed, according to which the increase in the consumption of renewable energy in agriculture is closely related to the economy’s parameters. The use of renewable energy is necessary and results from concern for the natural environment. Therefore, economic factors may have a smaller impact.

FINANCIAL SUPPORT (NOT TAX) OF THE ECONOMY IN THE EU COUNTRIES DUE TO THE PANDEMIC

2021 ◽  
Vol 3 (11) ◽  
pp. 251-257
Author(s):  
Anzhelika L. Gendon ◽  
◽  
Galina F. Golubeva ◽  
Keyword(s):  
European Union ◽  
Economic Policy ◽  
Labor Market ◽  
Financial Support ◽  
The European Union ◽  
Eu Countries ◽  
Euro Pean ◽  
Political Decisions ◽  
Positive Factor ◽  
The Eu

The article examines the financial support (not tax) of the economy in the EU countries due to the pandemic. A comprehensive vision of the situation and strategic planning are the foundation of the Euro-pean Union's economic policy. These qualities help to develop comprehensive measures to stabilize the labor market and entrepreneurship in the countries of the European Union in the context of a global emergency. A positive factor is also the fact that in an epidemic situation, political decisions of various states are aimed at introducing socially oriented measures that support their citizens.

scholarly journals THE DYNAMICS OF HORTICULTURAL FARM NUMBERS IN DIFFERENT ECONOMIC SIZE CLASSES AND CHANGES IN THEIR INCOME IN 2007-2017

2020 ◽  
Vol XXII (3) ◽  
pp. 31-41
Author(s):  
Maryla Bieniek-Majka ◽  
Marta Guth
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
The European Union ◽  
Eu Countries ◽  
Average Change ◽  
Farm Accountancy Data Network ◽  
The Common ◽  
Large Farms ◽  
Economic Size ◽  
The Eu

The aim of this study is to determine changes in the structure of horticultural farms in EU countries in the years 2007-2017 and their incomes and determine the share of subsidies of the Common Agricultural Policy in the income of horticultural farms in studied groups. Horticultural farms from the European Union Farm Accountancy Data Network (EUFADN) of all EU countries were surveyed. A dynamic analysis of the structure of farm numbers in particular groups of economic size (ES6) was carried out, and then the average change in income and the share of subsidies in income within these groups in 2007 and 2017 were presented. As a result of the conducted research, changes in the number of horticultural farms in various groups of economic size were taken into account and the assumptions concerning the decreasing scale of fragmentation of horticultural farms were confirmed by a decrease in the number of the economically weakest groups and an increase in the number of medium and large farms. It was noted that, in the studied groups, the strongest income growths concerned farms with medium or high economic strength, which may mean that income had a significant impact on the process. Moreover, it results from the conducted research that existing institutional solutions additionally supported the tendency to reduce the scale of fragmentation of horticultural farms in the EU-12 due to the fact that the shares of subsidies were higher in groups with higher economic strength.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.

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