scholarly journals Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulation

2020 ◽  
Vol 13 (2) ◽  
pp. 135-158
Author(s):  
Agnė Limantė ◽  
Neža Pogorelčnik Vogrinc
Keyword(s):  
Member State ◽  
Party Autonomy ◽  
Eu Member States ◽  
Track Record ◽  
International Marriages ◽  
Depth Analysis ◽  
High Degree ◽  
Property Regimes ◽  
Property Regime ◽  
The Eu

Abstract In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the death of one spouse. One of the main features of this regulation is its openness to the parties’ choice. The parties are enabled – in cases foreseen in the regulation – to grant jurisdiction to the court of a Member State of their choice, as well as to choose the law applicable to their matrimonial property regime. Since this regulation is new and the track record of its application is rather short, the limits of party autonomy allowed under the regulation and its advantages still involve a high degree of uncertainty. This article provides an in-depth analysis of party autonomy as provided for in the Matrimonial Property Regulation. In addition, it scrutinises the issue of party autonomy in the Succession Regulation, which often directly interacts with the Matrimonial Property Regulation.

scholarly journals Difference of application of VAT in EU member states during the supply of goods including installation

2008 ◽  
Vol 56 (3) ◽  
pp. 47-56
Author(s):  
Petr David ◽  
Danuše Nerudová
Keyword(s):  
Czech Republic ◽  
Member State ◽  
Scientific Work ◽  
The State ◽  
Member States ◽  
Standard Methods ◽  
Eu Countries ◽  
Eu Member States ◽  
The Eu

There still exist the differences in provision of VAT, in interpretation of VAT provisions and application of the rules in practice between the EU member states. Application of VAT during the supply of goods with installation to other EU member state, both during the existence of establishment in the state of customer and also without it, is considered to be one from the problematic field. Other discrepancies are created by inclusion of the sub suppliers, who can come from other EU member state or from the same state as customer, to this transaction. Questions of VAT application during the supply of goods with installation to other EU member state were processed by using standard methods of scientific work in the frame of five selected EU countries – Hungary, Poland, Romania, Slovakia and Czech Republic.

Responding through transposition: public Euroskepticism and European policy implementation

2016 ◽  
Vol 10 (1) ◽  
pp. 51-70 ◽  
Author(s):  
Christopher J. Williams
Keyword(s):  
Policy Implementation ◽  
Member State ◽  
Public Attitudes ◽  
State Governments ◽  
The European Union ◽  
European Policy ◽  
Member States ◽  
European Directives ◽  
Eu Member States ◽  
The Eu

Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

scholarly journals PROBLEMS IN THE FORMATION OF COMMON EUSOCIAL POLICY

Ekonomika ◽  
2009 ◽  
Vol 87 ◽  
pp. 107-123
Author(s):  
Lina Rutkauskienė
Keyword(s):  
European Union ◽  
Social Policy ◽  
Member State ◽  
Academic Literature ◽  
Eu Member States ◽  
Open Method Of Coordination ◽  
Policy Models ◽  
History Of ◽  
Popular Subject ◽  
The Eu

European Union social policy is a popular subject of research in the academic circles and is an important topic for its every member state and its citizens. The formation of a common social policy in the EU has an interesting history and related issues, thus this article is an attempt to find out why certain difficulties are encountered in the integration of social affairs, and to offer certain l suggestions for their l improvement. The aim of this study is to reveal the problems encountered in the formation of common EU social policy in the context of its development. The article presents some analysis of the history of the development of the European Community to determine the position of the goal to have a common social policy in the integration processes and the attention is given to the examination of the variety of social policy models in the EU member states as one of the problems of the integration of social policy. Furthermore, using an analysis of the academic literature, this article evaluates the main social policy management-coordination measure – the Open Method of Coordination, and presents the arguments highlighting its inefficiency , comments on its structure and organisation, and suggests the ways of improving this method.p>

scholarly journals The role of party autonomy under the regulations on matrimonial property regimes and property consequences of registered partnerships. Some remarks on the coordination between the legal regime established by the new regulations and other relevant instruments of European Private International Law = Il ruolo dell’autonomia della volontà nei regolamenti sui rapporti patrimoniali tra coniugi e sugli effetti patrimoniali delle unioni registrate. Alcune considerazioni sul coordinamento tra il regime giuridico stabilito dai nuovi regolamenti e altri strumenti di diritto internazionale privato europeo

2018 ◽  
Vol 10 (2) ◽  
pp. 457
Author(s):  
Cristina Grieco
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Regime ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
Property Regimes ◽  
Property Regime

 Abstract: The new Regulations (No. 2016/1103 and No. 2016/1104) recently adopted through an enhanced cooperation by the European Legislator aim to deal with all the private international law aspects of matrimonial property regimes and property consequences of registered partnerships, both as concerns the daily management of matrimonial property (or partner’s property) and its liquidation, in particular as a result of the couple’s separation or the death of one of the spouses (or partners). This paper aims to address the prominent role of party autonomy in the two Regulations and to focus on the coordination between the legal system embodied in the new two Regulations, and other relevant instruments of European private international law in force, such as the Succession Regulation and the Bruxelles II- bis Regulation.Keywords: party autonomy; successions; matrimonial property regime, partnership property regi­me, applicable law, choice of law, private international law.Riassunto: I due nuovi regolamenti (No. 2016/1103 e No. 2016/1104), recentemente adottati nell’ambito di una cooperazione rafforzata dal legislatore europeo, si propongono di regolare tutti gli aspetti internazional privatistici legati ai regimi patrimoniali tra coniugi e alle conseguenze patrimoniali delle partnership registrate, sia per ciò che concerne la regolare amministrazione dei beni sia per ciò che riguarda la liquidazione degli stessi beni facenti parte del regime matrimoniale (o della partnership regi­strata) nel caso si verifichino vicende che ne alterino il normale svolgimento, come la separazione della coppia o la morte di uno degli sposi (o dei partner). Il presente scritto si propone di esaminare il ruolo prominente che, all’interno di entrambi i regolamenti, è riservato alla volontà delle parti e di focaliz­zarsi sul coordinamento tra i due nuovi strumenti e gli altri regolamenti di diritto internazionale privato europeo attualmente in vigore e, particolarmente, il regolamento sulle successioni transfrontaliere e il regolamento Bruxelles II- bisParole chiave: autonomia della volontà; successioni; rapporti patrimoniali tra coniugi; effetti pa­trimoniali delle unioni registrate; legge applicabile; scelta di legge; diritto internazionale privato.

Coordination for the European Union

2020 ◽  
pp. 192-209
Author(s):  
Mads Dagnis Jensen ◽  
Peter Nedergaard
Keyword(s):  
Political System ◽  
Decision Making Process ◽  
The European Union ◽  
Eu Member States ◽  
Eu Legislation ◽  
Coordination System ◽  
Set Up ◽  
High Degree ◽  
Over Time ◽  
The Eu

The Danish EU coordination system is set up to secure a consensus-oriented and consistent positioning of Denmark in the EU decision-making process. It was established in connection with Danish membership in 1973, but it has roots that go further back. Over time, the Danish coordination system has undergone changes with increased decentralization to the sectoral ministries, through parliamentarization, and via increased transnationalization with linkages to the administrations in the EU and other EU member states. The system secures that the negotiators have a high degree of credibility in the eyes of other delegations, and it ensures a high score when it comes to implementation of EU legislation in Denmark. However, it also has some disadvantages. The key coordination lens in the form of the European Affairs Committee of the Danish Parliament is overloaded, and it is often involved too late in the Brussels negotiations. All in all, the Danish EU coordination system corresponds to the way the Danish political system works in other venues.

2015 Migrant Crisis as a Stimulus for EU’s Modern Regulatory Policy Reconsidering: Management and Security Dimensions

2017 ◽  
pp. 161-172
Author(s):  
Volodymyr Fisanov
Keyword(s):  
Migration Policy ◽  
The Body ◽  
Eu Member States ◽  
Depth Analysis ◽  
Economic Migration ◽  
Dublin Regulation ◽  
Study Support ◽  
Migration Flows ◽  
Visegrad Group ◽  
The Eu

The body of the article goes on to discuss the migration and refugee policy issues that went viral in media, as well as became widely discussed by experts and EU power-holding structures. Few researchers have addressed the problem under study and require an in-depth analysis. This paper outlines the evolution of the EU approaches to regulation and management of migration flows forced and caused by 2015 migrant crisis. The main weakness in the previous studies is that they make no attempt to upgrade tools and mechanisms for optimizing modern migration policy. Of particular importance is keynote actors’ impact on decision-making and shaping public opinion on migration problems – namely, European executives, NGO’s, pressmen as well as migrants and refugees themselves. This paper has given an account of the Dublin Regulation (2013) that the author considers to be outdated. Since the migrant crisis started, it has been clear that this system is inadequate, and that some of the burden must be borne by Europe's wealthy northern states. There is evidence to suggest migration policy tools to be dramatically reformed, though the European Parliament’s planned amendment to Dublin Regulation could face new challenges. The findings of this study support the idea that most of the EU member states managed to pursue a common policy on triggering refugee influx, primarily in Greece and Italy, in addition to a joint stance in terms of fixing a quota on migrants – not including the Visegrad Group. Keywords: 2015 Migrant crisis, common EU policy, Greece, Hungary, Dublin Regulation, refugees, economic migration

The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation

2012 ◽  
pp. 240-255
Author(s):  
Cristina Contartese
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
Dublin Regulation ◽  
Effective Remedy ◽  
European Union Member States ◽  
The Eu

The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin Regulation functioning mechanism, as it implies that any EU Member States can transfer an asylum seeker to any other EU country which is responsible, the authors contend that the safety of an EU Member State can be given as presumed for the purpose of asylum seekers. The analysis of the present work starts, firstly, with the examination of the notion of “safe country” under the Dublin Regulation. In the second part, relying on the European Court of Human Rights’ (ECHR) case-law, it will be discussed to what extent the Court of Strasbourg clarifies the notion of “safe countries” and the test it applies to it. Finally, the Commission’s proposal for a recasting of the Dublin Regulation will be analysed with the aim of foresee possible future developments of the EU law mechanisms to rebut such a presumption as applied to the EU Member States. It will emerge that in order to assess the safety of an EU Member State, attention has to be given to the prohibition of both direct and indirect refoulement as well as to the effective remedy at the EU Member State’s domestic level.

Disaster Strikes: Regulatory Barriers to the Effective Delivery of International Disaster Assistance within the EU

2011 ◽  
Vol 2 (1) ◽  
pp. 53-83 ◽  
Author(s):  
Sarah Williams ◽  
Justine N. Stefanelli
Keyword(s):  
Member State ◽  
Natural Disasters ◽  
Quality Standards ◽  
Legal Framework ◽  
The European Union ◽  
International Assistance ◽  
Eu Member States ◽  
Disaster Assistance ◽  
Legal Frameworks ◽  
The Eu

AbstractThis article considers the European Union's legal framework and its ability to facilitate – or hinder – international assistance for natural disasters occurring within the European Union. At a time when the frequency and severity of natural disasters in the EU appears to be increasing, and when it is more likely that affected EU Member States are required to seek assistance from outside their borders, or even outside the EU, it is important to ensure that international assistance is able to reach its intended target. Member State domestic legal frameworks may delay, obstruct or prevent international assistance from reaching those in need, often due to a failure to consider the special situation of disasters when drafting, interpreting and applying legislative regimes. For example, immigration, customs, food and transport laws may not contain sufficient exemptions for emergency personnel, materials and goods, and domestic licensing requirements and quality standards may prevent a nation from accepting assistance. At the same time, there is a need to ensure that any assistance accepted by an affected Member State is subject to appropriate quality standards without unduly impeding the delivery of assistance.

scholarly journals Party autonomy and the law applicable to the matrimonial property regimes in Europe = La autonomía de la voluntad y la ley aplicable a los regímenes matrimoniales en Europa

2018 ◽  
Vol 10 (2) ◽  
pp. 579
Author(s):  
Elena Alina Oprea
Keyword(s):  
International Law ◽  
Legal System ◽  
System Change ◽  
Hague Convention ◽  
Private International Law ◽  
Party Autonomy ◽  
Eu Regulation ◽  
The Law ◽  
Property Regimes ◽  
The Eu

 Abstract: In a private international law context reflecting significant divergences between the ob­jective choice-of-law rules for matrimonial property regimes, the principle of party autonomy appears as a salutary solution, bringing certainty, predictability and simplicity, while satisfying also the spouses’ substantial interests. The study focuses on the rules devoted to this principle by the European legislator in the (EU) Regulation no 2016/1103, attempting to outline its regime and insisting, particularly, on its admissibility and on the limitations that accompany its practical exercise. Providing a sufficient fra­mework for discussion and helping to illustrate the implications of the European text, the rules of the Romanian Civil Code and of the 1978 Hague Convention on the law applicable to matrimonial property regimes will serve as a benchmark.Keywords: matrimonial property regimes, EU Regulation no 2016/1103, autonomy of will, electio juris agreements, states with more than one legal system, change of the applicable law.Resumen: En un contexto de derecho internacional privado que refleja divergencias significativas entre las reglas objetivas de elección de los regímenes matrimoniales, el principio de autonomía de las partes aparece como una solución saludable, aportando certeza, previsibilidad y simplicidad, al tiempo que satisface también los intereses sustanciales de los cónyuges. El estudio se centra en las normas dedicadas a este principio por el legislador europeo en el Reglamento (UE) n. ° 2016/1103, que intenta delinear su régimen e insistir, en particular, en su admisibilidad y en las limitaciones que acompañan a su ejercicio práctico. Proporcionar un marco suficiente para el debate y ayudar a ilustrar las implicaciones del texto europeo, las normas del Código Civil rumano y del Convenio de La Haya de 1978 sobre la ley aplicable a los regímenes matrimoniales de propiedad servirán como punto de referencia.Palabras clave: regímenes económicos matrimoniales, Reglamento (UE) no 2016/1103, auto­nomía de la voluntad, acuerdo de elección de la ley aplicable, estados con diversos regímenes jurídicos, cambio de la ley aplicable.

Implementacja polityk unijnych w Polsce i pozostałych krajach członkowskich, z perspektywy kryzysu w UE

2015 ◽  
pp. 70-89
Author(s):  
Renata Mieńkowska
Keyword(s):  
Member State ◽  
Economic Crisis ◽  
Decision Makers ◽  
Eu Law ◽  
Member States ◽  
Implementation Challenges ◽  
Eu Member States ◽  
Eu Policies ◽  
The Eu

In the article the author analyses the most important challenges of implementation of the EU policies in the member states during the EU economic crisis. The main aspects analysed in the article are: major problems faced by the EU member states in the context of the crisis regarding implementation of the EU law, changes in the mechanisms of implementation, challenges for the Eurozone in a time of crisis, comitology procedures and their meaning during the crisis. The article contains recommendations regarding implementation of the EU law for decision-makers on both the EU and member state levels.

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