scholarly journals Harmonization of investment services in the European Union - the example of investment funds

2012 ◽  
Vol 3 (1) ◽  
pp. 73-88
Author(s):  
Marek Popielas

This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.

2007 ◽  
Vol 09 (02) ◽  
pp. 141-160 ◽  
Author(s):  
JENNIFER FRANZ ◽  
COLIN KIRKPATRICK

Since the adoption of the EU's first Sustainable Development Strategy in 2001, the European Commission has been committed to undertaking impact assessments of its major policy proposals, covering the potential positive and negative economic, social and environmental effects both inside and outside the European Union. This paper provides as evaluation of a sample of the Commission's recent EC Impact Assessments, focusing on the extent to which the goal of sustainable development has been integrated into the impact assessment analysis.


Author(s):  
Kristina Salibová

My contribution deals with the issue concerning the question arising on the applicable law in and after the transition period set in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The aim of this contribution is to analyze how the English and European laws simultaneously influence one another. This analyzation will lead to the prognosis of the impact Brexit will have on the applicable English law before English courts and the courts of the states of the European Union. The main key question is the role of lex fori in English law. Will English law tend to return to common law rules post-Brexit, and prefer the lex fori?


Author(s):  
Penn Bob ◽  
Forzani Alex ◽  
Allen & Overy LLP

This chapter summarizes and discusses the UK regulatory framework for recognized investment exchanges (RIEs) and recognized clearing houses (RCHs) under the Financial Services and Markets Act 2000 (FSMA). It considers the framework in light of the current and forthcoming European legislation. It also examines the applicability of the framework to RIEs and RCHs in the context of the recast Markets in Financial Instruments Directive II (MiFID II), European Market Infrastructure Regulation (EMIR) and the UK's departure from the European Union (Brexit). This chapter outlines the central role of exchanges and clearing houses in the operation of financial markets. It explains that the exchanges offer marketplaces for the trading of financial instruments, provide market data which facilitates trading, and establish standards for the offering of securities, while clearing houses manage the performance of financial contracts between the point of execution and final settlement and mitigating the risk and consequences of default.


Author(s):  
Martin Partington

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union and the Council of Europe are considered. The impact of Brexit is also considered.


2000 ◽  
Vol 3 ◽  
pp. 239-277
Author(s):  
Angus Johnston

The impact of the increasing liberalisation of the energy sector in general and electricity supply in particular is hard to deny. Yet just a few short years ago, such developments were almost unthinkable. A complex combination of factors has led to an increasingly favourable political and economic climate for market opening and competition. However, the benefits of these developments remain distinctly unevenly spread throughout Europe, while the potential difficulties that an unchecked liberalisation process can cause are slowly coming to the fore. The challenge faced by the European Union in this sector is to promote these developments while remaining alive to their potential social and environmental consequences.


2018 ◽  
Vol 18 (1) ◽  
pp. 20170097 ◽  
Author(s):  
Scheherazade S. Rehman ◽  
Pompeo Della Posta

On June 23, 2016, the UK decided to leave the European Union (EU), commonly known as “Brexit”. The UK has two years to conclude their new arrangement with the EU27 after evoking Article 50 Treaty of Lisbon officially, which it did on March 27, 2017. While there is a range of possible trade agreements most are unlikely as they would either imply repudiating firm EU legal principles or strong promises that the current UK government is committed to maintain. The article discusses these options. Moreover, the article focuses on the trade and investment flows between the UK and EU27 and discusses the possible short-term implications of Brexit with a specific attention to the most impacted sector, that of financial services.


Author(s):  
A. V. Pokrovskiy

The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding. 


Author(s):  
Adriana Skorupska

One objective of this chapter is to characterize the activities between Spanish communities and Chinese provinces and cities – their intensity, scope, advantages and obstacles that they face. The question relates to a broader perspective – the bilateral state government relations and the EU-China cooperation: is there any correlation between the relations at the state level and the regional level? Moreover, one of the ultimate goals of the whole project is to analyse the impact of the EU-China relations on paradiplomacy. Do the autonomous communities see any role of the EU in their activities with Chinese partners? Do they need any support from the European Union to have more intense or effective cooperation with this Asian partner?


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