scholarly journals La aplicación de la Directiva 2004/38/CE en supuestos de Kafala ( ةلافك ) internacional = The application of Directive 2004/38/EC in an international Kafala’s ( ةلافك ) cases

2020 ◽  
Vol 12 (1) ◽  
pp. 713
Author(s):  
María Jesús Sánchez Cano
Keyword(s):  
European Union ◽  
Islamic Law ◽  
Family Members ◽  
The Other ◽  
Free Movement ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
Direct Descendant ◽  
Other Hand

Resumen: El incremento que ha experimentado en los últimos años el recurso a la Kafala de Derecho islámico por parte de ciudadanos residentes en la Unión Europea ha suscitado numerosos inconvenientes respecto a su calificación, dado que se trata de una figura desconocida en los ordenamientos jurídicos de los Estados miembros. En este sentido, surge la duda de si a los efectos de la Directiva 2004/38/CE, el menor en situación de Kafala estaría comprendido en la categoría de “descendiente directo” de un ciudadano de la Unión Europea o por el contrario, podría calificarse como “otros miembros de la familia”, en los términos del art.3.2 de la citada Directiva.Palabras clave: Kafala, Directiva 2004/38/CE, libre circulación y residencia, Unión Europea.Abstract: The increase in recent years in the use of the Kafala of Islamic law by citizens residing in the European Union has given rise to numerous problems with regard to its classification, given that it is an unknown figure in the legal systems of the Member States. In this sense, the question arises as to whether, for the purposes of Directive 2004/38/EC, the minor in a Kafala situation would be included in the category of “direct descendant” of a citizen of the European Union or, on the other hand, could be classified as “other family members”, in the terms of art. 3.2 of the above-mentioned Directive.Keywords: Kafala, Directive 2004/38/EC, free movement and residence, European Union.

20. Free movement of payments and capital

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Monetary Union ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Free Movement Of Capital

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63–6 Treaty on the Functioning of the European Union (TFEU). It explains the scope of and exceptions to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles from the other freedoms. This chapter also considers briefly the provisions relating to monetary union and the developments in the light of the financial crisis.

18. Free movement of payments and capital

2020 ◽  
pp. 417-435
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Rule Of Reason ◽  
Court Of Justice ◽  
Economic Union ◽  
Free Movement Of Capital

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63, 64, 65 and 66 of the Treaty on the Functioning of the European Union (TFEU). It explains the scope of and derogations to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles (i.e. rule of reason) from the other freedoms. This chapter also considers briefly the provisions relating to monetary and economic union and the developments in the light of the financial crisis.

scholarly journals Informal Economy and VAT

2017 ◽  
pp. 37-49
Author(s):  
Małgorzata Sęk
Keyword(s):  
European Union ◽  
Informal Economy ◽  
Value Added ◽  
The Other ◽  
The European Union ◽  
Value Added Tax ◽  
Member States ◽  
Eu Member States ◽  
Other Hand

The aim of this paper is to discuss the interconnections between informal economy and Value Added Tax (VAT), as well as measures applied in the European Union (EU) Member States and other countries to counter VAT evasion and VAT fraud related to informal economy. It is shown in the article, that VAT and informal economy are strongly interconnected. VAT may be the cause for growth of the informal economy. But on the other hand, some VAT-related measures may be introduced to reduce or at least stop further growth of informal economy. Examples of such measures conclude the findings.

scholarly journals League of Arab States and the European Union (defects of the voting mechanism and its results)

2017 ◽  
Vol 3 (3) ◽  
pp. 655
Author(s):  
Tareq Kakarash ◽  
Karwan Ismail
Keyword(s):  
European Union ◽  
Comparative Study ◽  
The Other ◽  
Main Question ◽  
The European Union ◽  
Regional Organizations ◽  
Member States ◽  
Other Hand ◽  
Arab States ◽  
Voting Mechanism

This study examines the League of Arabic States and the European Union (the shortcomings of the voting mechanism and its results a comparative study) how these regional organizations have emerged and the reasons for their emergence. These organizations have been formed to avoid conflicts and tensions in the regions that host member states of these regional organizations. Also Consolidate and enhance the relationships between these States by committing to the Constitution of the Organization. The main question in this research is whether these regional organizations have been able to achieve their main objectives, whether they have been able to prevent members from not violating the provisions of the Charter of the Organization, and on the other hand have they been able to solve the dilemma of voting and the commitment of members to the decisions they make. The research was able to answer these questions as well as to clarify the mechanism of voting and how members adhere to the decisions issued by the organization and the penalty of non-compliance, especially in the crucial decisions issued by the organization, and a comparison between the mechanism of voting in both organizations. This research was concluded after reaching a set of conclusions and recommendations.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

scholarly journals Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης

Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Αλεξάνδρα Κοζαμάνη (Alexandra Kozamani)
Keyword(s):  
European Union ◽  
End Of Life ◽  
The Other ◽  
Self Determination ◽  
Healthcare Personnel ◽  
The European Union ◽  
Other Hand ◽  
Receive Treatment ◽  
The Right

Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.

scholarly journals The Malta case: distributed ledger technologies (dlts) and Islamic commercial law in the European union. A European controversy.

2020 ◽  
Vol 9 ◽  
pp. 99-109
Author(s):  
Francisco Javier Heredia Yzquierdo
Keyword(s):  
European Union ◽  
Legal System ◽  
Human Activities ◽  
The Other ◽  
The European Union ◽  
Commercial Law ◽  
Legal Principles ◽  
State Of The Union ◽  
Distributed Ledger ◽  
Other Hand

The Shariʿa Law has a comprehensive vision of all human activities, including commerce. The peculiarities of the commercial legal system that derives from the legal principles of Shariʿa emanates from the concepts of forbidden or Haram and permissible or Halal. These principles are applied today to breakthrough commercial developments such as the Blockchain/Digital Ledger Technologies. On the other hand, there is a growing debate about the possibility of the application of Shariʿa Law in the Member States of the European Union, either for social reasons or for commercial reasons. The controversy and opportunities created in the smallest State of the Union, Malta, serves as a sample.

Article 262 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

Perspectives on the United Kingdom's Withdrawal from the European Union

2015 ◽  
pp. 36-48 ◽  
Author(s):  
Armağan Gözkaman
Keyword(s):  
European Union ◽  
European Community ◽  
The Other ◽  
Controversial Issue ◽  
The European Union ◽  
The Public ◽  
Other Hand ◽  
The Uk ◽  
Brighter Future

The European Community/Union has always been a controversial issue in the UK. At present, the probability of an in-or-out referendum makes it all the more divisive. Eurosceptics see a brighter future for their country outside the union both in political and economic terms. Pro-Europeans, on the other hand, maintain that British membership brings up benefits that outweigh the costs. Both sides have their arguments. The former seek success through social mobilizations and debates. The latter believe that the anti-EU stance may be costly in economic and political terms. Hence, the public must be convinced before the referendum – if it ever takes place.

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