De structuur van de besluitvorming in de Raad van de Europese Unie

Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 381-398
Author(s):  
Jan Beyers

In spite of its importance in European Union decision making, research on the functioning of the Council is scarce (Wessels, 1991). Based on empirical findings this article gives some new insights in the way Council decision making is institutionalized. The first part focusses on the characteristics of Council working groups and the different positions of actors in the decision making network. Our findings confirm the definition of the Council as a highly bureaucratized institution. Interesting is that the diversity of tasks of the different actors(working groups, Coreper, CSA etc.) strengthens the impact of national administrations in Council decision making. The second part explores the reasons for this impact. This article adds to the functional approach, which over-emphasizes the adaptive character of the Council, the perception of the Council as an intergovernmental component in a supranational system.

2016 ◽  
Vol 29 (2) ◽  
pp. 105-128
Author(s):  
Elliott Karstadt

Many scholars argue that Hobbes’s political ideas do not significantly develop between The Elements of Law (1640) and Leviathan (1651). This article seeks to challenge that assumption by studying the way in which Hobbes’s deployment of the vocabulary of ‘interest’ develops over the course of the 1640s. The article begins by showing that the vocabulary is newly important in Leviathan, before attempting a ‘Hobbesian definition’ of what is meant by the term. We end by looking at the impact that the vocabulary has on two key areas of Hobbes’s philosophy: his theory of counsel and his arguments in favour of monarchy as the best form of government. In both areas, Hobbes’s conception of ‘interests’ is shown to be of crucial importance in lending a new understanding of the political issue under consideration.


Author(s):  
Murray E. Jennex

Jennex (2005) used an expert panel to generate the definition of knowledge management as the practice of selectively applying knowledge from previous experiences of decision-making to current and future decision making activities with the express purpose of improving the organization’s effectiveness. This was a consensus definition from the editorial review board that tells us what we are trying to do with knowledge management. However, knowledge management is being applied in multinational, multicultural organizations and we are seeing issues in effectively implementing knowledge management and transferring knowledge in global and/or multicultural environments. Chan and Chau (2005) discuss a failure of knowledge management that was in part caused by organizational culture differences between the home office (Hong Kong) and the main work location (Shanghai). Jennex (2006) discusses Year 2000, Y2K, knowledge sharing projects that were not as successful as expected due to cultural and context issues. These projects involved organizations that performed the same functions just in different nations, however, problems caused by culture and context were not expected. Other research in review with the International Journal of Knowledge Management explores issues of culture with respect to social capital and implementing knowledge management. None of these are far reaching studies that we can generalize issues from, but they do provide anecdotal and case study support that culture and context are issues we need to address.


Author(s):  
Paul Craig

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.


2019 ◽  
Vol 25 (10) ◽  
pp. 969-977
Author(s):  
Ashley Fife

Abstract The economic substance requirements that the European Union insisted that a number of international financial centres introduce may be the most complex and far-reaching of international initiatives to impact on those jurisdictions in recent years. The requirements extend beyond due diligence, reporting and exchange of information to potentially impact on the way in which entities resource and carry on business in or from those jurisdictions. However, not all sectors of international business are impacted in the same way or to the same extent. This article considers certain aspects of the economic substance requirements relevant to private client structures, with a particular focus on the impact on holding entities. The treatment of holding entities under economic substance legislation in a number of C.2.2 jurisdictions may not be settled and this article explores how it may evolve.


2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.


2019 ◽  
Vol 21 (1) ◽  
pp. 152-172 ◽  
Author(s):  
Narisong Huhe ◽  
Daniel Naurin ◽  
Robert Thomson

We assess the impact of the United Kingdom’s 2016 decision to leave the European Union on the Council of the European Union, where Brexit is likely to have the clearest observable implications. Using concepts and models from the spatial model of politics and network analysis, we formulate and test expectations regarding the effects of Brexit. We examine two of the most prominent datasets on recent decision-making in the European Union, which include data on cooperation networks among member states before and after the 2016 referendum. Our findings identify some of the political challenges that Brexit will bring, but also highlight the factors that are already helping the European Union’s remaining member states to adapt to Brexit.


2020 ◽  
Vol 6 (2) ◽  
pp. 270-305
Author(s):  
Clara Martins Pereira

Abstract Trading in modern equity markets has come to be dominated by machines and algorithms. However, there is significant concern over the impact of algorithmic trading on market quality and a number of jurisdictions have moved to address the risks associated with this new type of trading. The European Union has been no exception to this trend. This article argues that while the European Union algorithmic trading regime is often perceived as a tough response to the challenges inherent in machine trading, it has one crucial shortcoming: it does not regulate the simpler, basic execution algorithms used in automated order routers. Yet the same risk generally associated with algorithmic trading activity also arises, in particular, from the use of these basic execution algorithms—as was made evident by the trading glitch that led to the fall of United States securities trader Knight Capital in 2012. Indeed, such risk could even be amplified by the lack of sophistication of these simpler execution algorithms. It is thus proposed that the European Union should amend the objective scope of its algorithmic trading regime by expanding the definition of algorithmic trading under the Markets in Financial Instruments Directive (MiFID II) to include all execution algorithms, regardless of their complexity.


2020 ◽  
Vol 12 (20) ◽  
pp. 8398
Author(s):  
Juan Pedro Sepúlveda-Rojas ◽  
Rodrigo Ternero

Purpose: This article analyzes the value of information and coordination in a closed loop supply chain (CLSC) and discusses the benefits of a global or local optimization approach and the impact of uncertainty. Methodology: A theoretical dyadic closed loop supply chain is analyzed where the manufacturer re-manufactures products returned by customers, producing “as good as new products” for the retailer. Twelve coordination scenarios were analyzed. For the definition of these scenarios, a framework based on two criteria was proposed: value of information and perimeter of decision making. Findings: Information on returns leads to lower costs than information on demand. In the presence of complete or partial coordination between the actors in the supply chain, it is preferable to have low product return rates. However, if we are in the complete absence of coordination, high rates of return are more convenient as they function as a buffer against uncertainties. The perimeter of decision making (global or local optimization) does not significantly improve the supply chain performance in relation to its costs. Only the exchange of information improves its performance. Therefore, companies should make efforts to exchange information, first, on their lot sizes, then on their returns and finally, on the customer demand. Originality: The novelty of our work relies on an analysis of the closed loop supply chain performance with the simultaneous presence of information, coordination, and uncertainty.


2018 ◽  
Vol 24 (2) ◽  
pp. 23-30
Author(s):  
Cristina Bătușaru ◽  
Amelia Bucur

Abstract Analysis of the role and implications of the funds coming from the European Union have on the national economy is very complex and complicated at the same time, because of the multitude of issues and indicators that this process shapes and drives, depending on the source of funding, the modality of funding and on the destination for which it has been allocated. Using mathematical models to assess the impact of European funding on the national economy is paramount valuable as it brings important information that can be used by policy makers in decision making sewage inputs and financial resources, in view of adopting optimal economic policy


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