scholarly journals Cross-Border Mergers and Acquisitions in Light of the European Legal Framework

2021 ◽  
Vol 18 (1-2) ◽  
pp. 1-12
Author(s):  
Leen Bakerjian
Keyword(s):  
European Union ◽  
Mergers And Acquisitions ◽  
Global Economy ◽  
Legal Framework ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Cross Border ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Cross

This paper will discuss the role that Mergers and Acquisitions play in the global economy. It will deliberate on the challenges, benefits and issues of the implementation of these transactions in terms of legality, society and culture. It also contains an empirical enquiry that investigates the application of Mergers and Acquisitions in the presence of different social and cultural working environments. It also demonstrates attempts of entering into such transactions with incorrect intentions such as domination and the negative outcomes of such approach. Throughout this work, I will investigate the legal instruments governing these types of transactions in different areas of the world, specifically the European Union. It will touch on the legal instruments governing Mergers and Acquisitions in the European Union and will challenge the applicability of the fundamental freedoms of the European Union in light of the cross-border Mergers and Acquisitions directives. The paper will challenge the European Court of Justice’s approach to the Freedom of Establishment and the application of cross-border M&As. Finally, a clear demonstrateion of the fallbacks of the provisions of the Cross-Border Mergers Directives is provided as well as challenging the European legislature’s choices in drafting said directives. Unusual discrepancies between the directives and the fundamental freedoms of the European Union are shown, however these two which must always be in line with one another.

scholarly journals Cross-Border Conversions in the European Union After the Polbud Case

2018 ◽  
Vol 1 (1) ◽  
pp. 63-77
Author(s):  
Iryna Basova
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Cross Border ◽  
Court Of Justice ◽  
A Company ◽  
Legislative Measures

Cross-border conversions may be considered as an achievement of the Court of Justice of the European Union (CJEU, Court) since its case law paves the way towards acceptance of such cross-border operations in all Member States. In the Polbud case, the CJEU clarified the scope of the freedom of establishment in regard to cross-border conversions. That judgement should give an impulse to those Member States whose law remains silent on the issue, lacks regulation or is not in line with the provisions on the freedom of establishment, to take appropriate legislative measures. However, a creation of a legal framework at the European level is still needed to provide a commonly-accepted procedure for such operations, to secure protection for vulnerable constituencies of a company, to prevent abusive practices and to regulate cooperation between the states which are involved in cross-border conversions.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

Circular Migration between Fact and Fiction

2015 ◽  
Vol 17 (2-3) ◽  
pp. 184-209 ◽  
Author(s):  
Jan Schneider ◽  
Bernd Parusel
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Circular Migration ◽  
Member States ◽  
Political Actors ◽  
Clear Cut ◽  
Cross Border ◽  
Third Country Nationals

Political actors in the European Union and in the eu member states have arrived to maintain that managed circular migration can generate benefits both for the destination countries and for the countries of origin of the migrants. Despite the fact that Germany so far has barely engaged in fostering circular migration through distinct programmes, a not inconsiderable share of foreigners from third countries living in Germany today can be viewed as circular migrants. This paper takes an inventory of the extent and characteristics of such spontaneous back-and-forth cross border movements by providing a specific, clear-cut definition for circular migration and thus analysing stock data on third country nationals residing in Germany. Furthermore, we scrutinise the German legal framework with a view to its propensity to encourage patterns of circular migration.

THE PROTECTION OF EUROPEAN UNION CITIZENS VICTIMS OF HUMAN TRAFFICKING IN EUROPE

2016 ◽  
Vol 25 (1) ◽  
pp. 159-178
Author(s):  
Fulvia Staiano
Keyword(s):  
European Union ◽  
Human Trafficking ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Refugee Status ◽  
International Protection ◽  
Eu Member States ◽  
European Court ◽  
Common European Asylum System

On February 2015, Eurostat issued a report highlighting that 65% of registered victims of human trafficking in Europe between 2010 and 2012 were citizens of the European Union (EU). Despite the seriousness of this phenomenon, EU citizens who are victims of trafficking are afforded little protection in the European legal space. First, the multi-level legal framework against trafficking applicable on the Union territory does not recognise clear residence rights to this group. Second, the general freedom of movement granted to all EU citizens under Directive 2004/38 might be precluded to victims of trafficking due to the economic prerequisites required by this instrument. It follows that the granting of refugee status to EU citizens who are victims of trafficking becomes a crucial source of protection. The safe country presumption in force between EU Member States under the so-called Aznar Protocol, however, precludes access to international protection for this group. This article critically reviews the Common European Asylum System, in search of normative and judicial interpretations capable of ensuring a stronger protection of EU citizens who are victims of trafficking. In this context, a special focus is devoted to the jurisprudence of the European Court of Human Rights and of the Court of Justice of the European Union.

EU values reflection in ECtHR case law

2021 ◽  
pp. 23-29
Author(s):  
Dmytro Boichuk ◽  
Kateryna Torhashova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Practical Implementation ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

PROSPECTS OF CROSS-BORDER INVESTMENT COOPERATION BETWEEN UKRAINE AND HUNGARY

2017 ◽  
Author(s):  
Volodymyr Hoblyk ◽  
◽  
Maryna Resler ◽  
Yaroslava Demyan ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
Development Program ◽  
Retail Trade ◽  
Border Region ◽  
The European Union ◽  
Foreign Investors ◽  
Cross Border ◽  
The Cross

The article examines the attraction of foreign investment in the Transcarpathian region within the cross-border region. Investment cooperation with the territories bordering the countries of the European Union - Poland, Romania, and Hungary - is analyzed. Slovakia. It is established that the most intensive cooperation is carried out in the Ukrainian-Hungarian cross-border region. In addition to foreign direct investment, Hungary provides both lending assistance and through Egan Ede's Economic Development Program, strengthening economic, cultural, and historical ties with its border areas. Using statistical methods, the inflow of foreign direct investment in the Transcarpathian region is analyzed. It is established that the total volume of foreign direct investment is 243 million US dollars, including from the countries of the European Union 225.3 million US dollars, which is 92.7% of the total. It is determined that the greatest interest among foreign investors by type of economic activity is as follows: industry - 77.3% (total), wholesale and retail trade - 5.2%, then - transport, agriculture, forestry and fisheries, construction, real estate transactions. The share of Hungarian investments in the Transcarpathian region is most significant among neighboring countries. The possibilities of using the experience of Hungary in the administrative-territorial and land reform and the possibility of applying it in territorial communities are considered. It is proposed to create an association of agricultural producers in the united communities with the participation of farmers, private farms, and foreign investors. The methodology and principles of creating the association are laid down. The study identified factors that hinder the process of investing and improving the investment climate in the cross-border region. The most important is the insufficient development of border infrastructure, inadequate institutional support for investment activities, low quality of human capital, the inertia of border business.

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