scholarly journals THE EUROPEAN ORDER FOR PAYMENT PROCEDURE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Cristina-Marilena Gheorghe
Keyword(s):  
Member State ◽  
European Community ◽  
European Parliament ◽  
Member States ◽  
Legal Decisions ◽  
Minimum Standards ◽  
Cross Border ◽  
The One ◽  
Commercial Field

In the spirit of the Treaty of institution of the European Community and consideringthe need to maintain and develop a space of freedom, security and justice in the purpose ofthe free circulation of individuals, of goods, services and commodities, the Communityconsidered as opportune the adoption of certain measures in the field of judicial cooperationin civil and commercial field, which to have a cross-border incidence, therefore instituting, onEuropean level, a new freedom, the one of free circulation of the legal decisions. Therefore, itwas adopted the (EC) Regulation no. 1896/2006 of the European Parliament and Council asof 12.12.2006 regarding the institution of an European procedure of payment order, of whichpurpose is the one to simplify, to accelerate and reduce the procedure costs in the crossbordercauses regarding non-challenged pecuniary receivables, also ensuring the freecirculation of the European orders for payment within all the member states by establishingsome minimum standards of which compliance removes any other intermediary procedure inthe member state of execution before acknowledging the execution1.

scholarly journals The Principle of a Single Estate and Its Role in Delimiting the Applicable Laws

2020 ◽  
pp. 107-123
Author(s):  
Krzysztof Pacuła
Keyword(s):  
Member State ◽  
The Other ◽  
Member States ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Other Hand ◽  
Key Concepts ◽  
The One ◽  
Gray Areas

This paper argues that the principle of unity of succession is one of the key concepts of the Succession Regulation. By operation of this principle on the jurisdictional level, the Regulation tends to favor a perspective of a single Member State when it comes to all issues related to succession. The principle of unity of succession does not of course eliminate the need to proceed to the characterization and to delimitate the scopes of conflict of laws rules at stake. However, this principle — aiming to promote a unitary vision of a single estate in all the Member States bound by the Regulation — sets a tone for some interpretative techniques that tend to favor succession-related characterization of the issues having some importance in the context of succession with cross-border implications. According to the Author, effet utile-driven characterization, on the one hand, and succession-friendly characterization of the issues falling within ‘gray areas’ created by the operation of Article 1(2) of the Succession Regulation, on the other hand, are among them.

Part III The EU Resolution Regime, 11 Institutional and Cross-Border Issues

2016 ◽  
Author(s):  
Gleeson Simon ◽  
Guynn Randall
Keyword(s):  
Member State ◽  
Member States ◽  
Cross Border ◽  
Single Resolution Mechanism ◽  
The Eu ◽  
Credit Institutions

This chapter examines how the Bank Recovery and Resolution Directive is implemented in international and cross-border situations, both within the EU and between the EU and third countries. The BRRD requires each member state to recognize in their law the effect of resolution actions taken by other member states. This means that as regards foreign resolution action which purports to transfer assets located in their jurisdiction, or rights or liabilities governed by their law, or write-down or convert liabilities governed by their law or owed to creditors in their jurisdictions, their law must make provision for such transfers or conversions to take effect automatically and cannot be prevented, challenged, or set aside under their law. The chapter covers the scope of the Single Resolution Mechanism, cross-border branching, and the relevant changes to the Credit Institutions (Winding-Up) Directive.

scholarly journals A Note On The Adoption Of The Euro Compared To The Adoption Of Federal Money In The United States

2011 ◽  
Vol 5 (2) ◽  
Author(s):  
George E. Nogler ◽  
John A. Armstrong
Keyword(s):  
United States ◽  
Member State ◽  
Central Bank ◽  
European Community ◽  
American Revolution ◽  
The United States ◽  
Member States ◽  
Monetary Unit ◽  
Two Factors ◽  
States Experience

This paper compares and contrasts the experience of the European Community in creating a single monetary unit (the Euro) from the currencies of a dozen participating member states to the experience of the United States in creating a single monetary unit (the dollar) across the former colonies after the American Revolution.  The European Community was able to merge the member state currencies in a period of 23 years, while the United States experience lasted over 75 years.  By extensively reviewing the experience of the United States through contemporaneous textbooks, two factors are identified which may account for this difference.  First, the existence of a central bank, and second, the universal adoption of decimal currencies, which began with the United States experience.

scholarly journals Dano and Alimanovic: the recent evolution of CJEU caselaw on EU citizenship and cross-border access to social benefits

2017 ◽  
Vol 3 (1) ◽  
pp. 65-80
Author(s):  
Rui Lanceiro
Keyword(s):  
Member State ◽  
Case Law ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
New Approach ◽  
Cross Border ◽  
The Social ◽  
The Status ◽  
The Right

Since its inception, the concept of EU citizenship, as well as the rights and duties deriving therefrom, has evolved considerably, particularly in the area of social rights. ECJ case law has played a central role in defining the right of EU citizens to access social benefits in the host Member States, which meant a decrease in their degree of discretion to restrict the access to national social securities systems. However, the recent Dano and Alimanovic judgments represent a significant change from previous case-law, setting limits on the right of EU citizens to social benefits in the host Member States. The right of residence in another Member State appears to be dependent on the status of a worker citizen in accordance with the new methodology in order to avoid being an excessive burden on the social system of the host Member State. However, the new approach still leaves several unanswered questions. Were these decisions an attempt to address the “social security tourism” debate? Is the CJEU falling behind with regard to the protection of social rights? What will remain of previous jurisprudence?

scholarly journals Conflict and the history of conflict mediation

2021 ◽  
pp. 71-83
Author(s):  
Constantin Mihalescu ◽  
Keyword(s):  
European Parliament ◽  
Legal Systems ◽  
Member States ◽  
Republic Of Moldova ◽  
Cross Border ◽  
Conflict Mediation ◽  
History Of ◽  
American Way ◽  
The Republic

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.

Part V Legal and Conduct Risk in Interconnected Financial Markets, 19 ‘Brexit’

2018 ◽  
Author(s):  
Mccormick Roger ◽  
Stears Chris
Keyword(s):  
Member State ◽  
Financial Markets ◽  
Financial Institutions ◽  
Member States ◽  
Cross Border ◽  
Legal Risks ◽  
The Uk ◽  
The Eu

This chapter considers the legal risks raised by Brexit. These include change of law risk for financial markets and especially for institutions that wish to do cross-border business in the EU. For example, while the UK remains in the EU, financial institutions carrying on certain ‘regulated activities’ are afforded so-called ‘passporting’ rights pursuant to which, broadly, they can take advantage of the fact that they are established and appropriately authorised in one member state to do business in other member states, without the need for separate permissions or authorisations in those other states. If the UK leaves the EU, such passporting rights may be terminated unless the Brexit negotiation results in them being preserved in some way.

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