Related Party Transactions – a closer look at the emergence of the new EU regime

2021 ◽  
Vol 18 (5) ◽  
pp. 697-713
Author(s):  
Rolf Skog

The Amended Shareholders’ Rights Directive adopted in 2017 pushed the regulation of related party transactions high up on the Member States’ legislative agenda. The Directive requires binding rules addressing related party transactions in listed companies. This article takes a closer look at the discussions and negotiations in the EU institutions leading up to the Directive adopted and ends with some reflections on the EU legislative process, drawing on my decades long ministerial experience of negotiating and implementing EU legislation in the field of company law, including this one.

Author(s):  
Susanne K. Schmidt

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.


Author(s):  
Viktor Boiko ◽  
Mykola Vasylenko ◽  
Serhii Kukharenko

The article deals with the issues of establishing cybersecurity in the EU and its member-states at the legislative level as viewed from the point of a systematic approach. The authors identified problematic aspects of improving cybersecurity quality and conditions. They analyzed the impact of the EU member states legislation on cy-bersecurity. The article as well considers the process of ICT development and pre-sents the ways of creating new challenges by means of new technologies. Key words: cybersecurity, cyber resilience, regulatory instruments, EU legislation, innovations.


Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.


EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.


Author(s):  
Katrin Auel

The role and position of national parliaments in European Union (EU) affairs have undergone a long, slow, and sometimes rocky, but overall rather remarkable, development. Long regarded as the victims of the integration process, they have continuously strengthened their institutional prerogatives and have become more actively involved in EU affairs. Since the Lisbon Treaty, national parliaments even have a formal and direct role in the European legislative process, namely, as guardians of the EU’s subsidiarity principle via the so-called early warning system. To what extent institutional provisions at the national or the European level provide national parliaments with effective means of influencing EU politics is still a largely open question. On the one hand, national parliaments still differ with regard to their institutional prerogatives and actual engagement in EU politics. On the other hand, the complex decision-making system of the EU, with its multitude of actors involved, makes it difficult to trace outcomes back to the influence of specific actors. Yet it is precisely this opacity of the EU policymaking process that has led to an emphasis on the parliamentary communication function and the way national parliaments can contribute to the democratic legitimacy of the EU by making EU political decisions and processes more accessible and transparent for the citizens. This deliberative aspect is also often emphasized in approaches to the role of national parliaments in the EU that challenge the territorially defined, standard account of parliamentary representation. Taking the multilevel character of the EU as well as the high degree of political and economic interdependence between the member states into account, parliamentary representation is conceptualized as extending beyond the nation-state and as shared across the EU, with a strong emphasis on the links between parliaments through inter-parliamentary cooperation and communication as well as on the representation of other member states’ citizens interests and concerns in parliamentary debates. Empirical research is still scarce, but existing studies provide evidence for the development of an increasingly dense web of formal and informal interactions between parliaments and for changes in the way national parliamentarians represent citizens in EU affairs.


2010 ◽  
Vol 7 (1) ◽  
pp. 1-23 ◽  
Author(s):  
◽  
L. van Middelkoop

AbstractAn important European environmental policy aim is to create “sustainable cities”. The aim of this article is to explore the possible tensions between environmental measures and urban spatial planning law that can arise in creating such sustainable cities and examine opportunities for integrated sustainable urban planning. The policy document discussed in this article is the European Thematic Strategy on Urban Development of 2006. This Strategy promotes an integrated approach as the tool to achieve sustainable urban development, with the implementation of existing EU environmental legislation as its outer boundary. However, no specific EU legislation has been adopted or is foreseen thereon. The EU merely intends to offer support and guidance to the Member States. But will such a policy suffice to reach the aim? Are not clearer (legislative) parameters needed? Within the EU several “best practices” to the integrated approach are being developed by the Member States. This article highlights the Dutch approach to integrated urban development that could be seen as such a best practice. Particularly relevant in urban (re)development projects are the Dutch 'Interim Act City and Environment approach', the legal Framework for Air Quality in the Dutch Environmental Management Act and the 'Crisis and Recovery Act'. These instruments show chances for integrated urban (re)development. But some points of attention remain even in the Dutch approach, such as the guarantee that the ecological aspect of sustainability must not come off worse. Is EU legislation needed to address these points of attention or will national (or local) action do?


2021 ◽  
Vol 18 (2) ◽  
pp. 60-73
Author(s):  
Sandra Scherbarth ◽  
Stefan Behringer

Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages


Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.


Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.


European View ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 16-25
Author(s):  
Michael Schneider

Subsidiarity is a core value of the European People’s Party. It has been incorporated in the EU treaties to ensure that decisions are taken as closely as possible to the citizens. At a time when citizens are increasingly putting Europe’s democratic legitimacy into question, it is essential to place this principle at the heart of discourse on the EU. The Task Force on Subsidiarity, Proportionality and Doing Less More Efficiently, which was set up by European Commission President Jean-Claude Juncker in November 2018, has identified a ‘new way of working’. It gives local, regional and national authorities a stronger voice in EU policymaking, with the aim of improving the quality and effectiveness of legislation. If implemented by the different institutions, it will both ensure that EU legislation adds value and lead to the member states and their regions and cities taking greater ownership of EU decisions. And these developments, in turn, will help reconnect Europe with its citizens.


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