scholarly journals Applying Social Psychology Theories to the Challenges of Harmonising Insolvency Law in the European Union

2020 ◽  
Author(s):  
Emilie Ghio ◽  
John Galvin
Keyword(s):  
Social Psychology ◽  
European Union ◽  
Regulatory Competition ◽  
The European Union ◽  
Insolvency Law ◽  
National Sovereignty ◽  
Novel Approach ◽  
Process Solutions ◽  
The Eu

The harmonisation of insolvency law in the European Union has proven challenging. Obstacles such as the protection of national sovereignty, the preservation of legal cultures and a preference for regulatory competition have been studied extensively in the literature. This paper takes a novel approach by providing a perspective from the field of social psychology to further our understanding of the challenges of harmonising insolvency law in the EU. Selected psychological biases are identified, explained and applied to the harmonisation process. Solutions to overcome these biases are also discussed, as it is argued that progress in this area can be achieved by targeting strategies that can overcome these biases.

scholarly journals The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union

2019 ◽  
Vol 20 (3) ◽  
pp. 547-566 ◽  
Author(s):  
Horst Eidenmüller
Keyword(s):  
European Union ◽  
Regulatory Competition ◽  
The European Union ◽  
Insolvency Law ◽  
Insolvency Regulation ◽  
Corporate Restructurings ◽  
Dominant Market Position ◽  
Market Leader ◽  
Corporate Insolvency ◽  
The Uk

Abstract In this article, I discuss the rise and fall of regulatory competition in corporate insolvency law in the European Union. The rise is closely associated with the European Insolvency Regulation (EIR, 2002), and it is well documented. The UK has emerged as the ‘market leader’, especially for corporate restructurings. The fall is about to happen, triggered by a combination of factors: the recasting of the EIR (2017), the European Restructuring Directive (ERD, 2019) and Brexit (2019). The UK will lose its dominant market position. I present evidence to support this hypothesis.

scholarly journals An AHPSort II Based Analysis of the Inequality Reduction within European Union

Mathematics ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 646
Author(s):  
Álvaro Labella ◽  
Juan Carlos Rodríguez-Cohard ◽  
José Domingo Sánchez-Martínez ◽  
Luis Martínez
Keyword(s):  
European Union ◽  
The European Union ◽  
Discussion Section ◽  
Academic Literature ◽  
Eu Countries ◽  
Agenda 2030 ◽  
Novel Approach ◽  
Proper Analysis ◽  
The Eu

Nowadays, sustainability is an omnipresent concept in our society, which encompasses several challenges related to poverty, inequality, climate change and so on. The United Nations adopted the Agenda 2030, a plan of action formed of universal Sustainable Developments Goals (SDGs) and targets, which countries have to face in order to shift the world toward a sustainable future. One of the most relevant SDGs since the onset of the financial crisis in 2007 has been the so-called reduced inequalities, which consists of dealing with the inequality of opportunities and wealth between and within countries. However, reducing inequalities depends on many heterogeneous aspects, making it difficult to make a proper analysis that evaluates the European Union (EU) countries performance of this goal. In this study, we introduce a novel approach to evaluate the inequalities in EU countries based on a sorting a multi-criteria decision-making method called AHPSort II. This approach allows to obtain a classification of the EU countries according to their achievements in reducing inequalities to subsequently carry out a deep performance analysis with the aim of drawing conclusions as to the evolution of inequality in them along the years. The results are consistent with the main international organizations’ reports and academic literature, as shown in the Discussion Section.

scholarly journals Is the Franco-German Relationship Still the Foundation Stone of the EU?

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Abigail Leblanc
Keyword(s):  
European Union ◽  
The European Union ◽  
National Sovereignty ◽  
Member States ◽  
Economic Interaction ◽  
History Of ◽  
Foundation Stone ◽  
The Eu

Since the signing of the European Coal and Steel Treaties, France and Germany have been linked as unlikely friends in Europe. This paper discusses the Franco-German relationship post WWII, defining the characteristics of a partnership that has defined the history of the European Union and has served as a foundation for peace and cooperation on a continent that has struggled to shake off constant war. This paper then analyzes the hypothesis that the Franco-German relationship is no longer the foundation stone of the European Union in two sections. First, this paper applies these characteristics of deepening integration, increased economic interaction and mutually beneficial cooperation to the present day EU and seeing whether they are still integral to interactions among member states. It then establishes the present day characteristics of the EU as ones of increased national sovereignty, as opposed to Franco-German methods of cooperation.

Fundamental Rights and the Transformation of Governance in the European Union

2007 ◽  
Vol 9 ◽  
pp. 133-175 ◽  
Author(s):  
Olivier de Schutter
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Mutual Cooperation ◽  
Eu Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

It has been argued in many places, and in different forms, that the establishment between the EU Member States of an internal market, and now of an area of freedom, security and justice, requires the European Union to legislate in the field of fundamental rights, either in order to avoid a form of regulatory competition between the Member States or in order to ensure mutual trust allowing for mutual cooperation between judicial, police and administrative national authorities. ‘Negative integration’, in the form of the lowering of barriers to the movement of goods, services, persons and capital, or in the form of mutual recognition of judicial decisions or exchange of information between national authorities, should thus be followed with, or compensated by, ‘positive integration’, in the form of the setting of common standards applicable throughout the EU Member States. The EU Charter of Fundamental Rights, moreover, provides the baseline from which to act, since it represents a set of values which all the Member States have agreed to consider as fundamental. The question (so it would seem) is now that of implementing the Charter, by using the legal bases provided for in the treaties to the fullest extent possible.

The Radical Right and Euroskepticism

2018 ◽  
Author(s):  
Sofia Vasilopoulou
Keyword(s):  
European Union ◽  
European Integration ◽  
Radical Right ◽  
The European Union ◽  
National Sovereignty ◽  
Nation States ◽  
Radical Right Parties ◽  
Issue Competition ◽  
Over Time ◽  
The Eu

This chapter examines the role that the European Union (EU) issue plays in radical right party agendas. It shows that, despite the fact that radical right parties tend to adopt dissimilar positions on the principle, practice, and future of European integration, they all tend to criticize the EU from a predominantly sovereignty-based perspective justified on ethnocultural grounds. The EU is portrayed as posing a threat to national sovereignty, its policies dismantling the state and its territory, as well as being responsible for the cultural disintegration of Europe and its nation-states. The analysis of EU issue positions and salience over time suggests that—despite variations—radical right parties engage in EU issue competition not only by adopting extreme positions but also by increasingly emphasizing these positions over time.

scholarly journals The Concept of Essential Use: A Novel Approach to Regulating Chemicals in the European Union

2021 ◽  
pp. 1-29
Author(s):  
Kathleen Garnett ◽  
Geert Van Calster
Keyword(s):  
European Union ◽  
Current Method ◽  
Legal Order ◽  
Hazardous Substances ◽  
Regulatory Control ◽  
The European Union ◽  
Novel Approach ◽  
Regulatory Law ◽  
The Impact ◽  
The Eu

Abstract This article examines ‘essential use’ as a novel form of regulatory control. An essential use approach to the regulation of potentially hazardous chemicals has not been used extensively (if at all) in European Union (EU) regulatory law and warrants further consideration. Essential use, as initially proposed by scientists and later referred to in the EU 2020 Chemicals Strategy for Sustainability, is a radical departure from the current method of regulating hazardous substances. The purpose of this article is to contribute to legal scholarship on essential use by (i) scoping its origins in United States law and subsequently in international law; (ii) noting its limited incorporation into the EU legal order over the past 30 years; (iii) analyzing how it could be further incorporated into the EU legal order; and (iv) considering the impact of such a move on the future regulation of hazardous substances in the EU.

scholarly journals Free Trade versus Democracy and Social Standards in the European Union: Trade-Offs or Trilemma?

2019 ◽  
Vol 7 (4) ◽  
pp. 291-300 ◽  
Author(s):  
Claudia Wiesner
Keyword(s):  
European Union ◽  
Free Trade ◽  
The European Union ◽  
Negative Effects ◽  
Theoretical Terms ◽  
National Sovereignty ◽  
Goods And Services ◽  
Social Standards ◽  
Trade Offs ◽  
The Eu

This article aims at conceptualising, in analytical as well as normative-theoretical terms, the tensions between free trade, democratic and social standards, and national sovereignty that are named in Dani Rodrik´s “globalisation trilemma” for the case of the European Union (EU). It is argued that the trilemma concept is much more fitting to the EU than a simple trade-off concept. This model offers a conceptual path to both analysing existing tensions and thinking of resolving them: a) the EU has, indeed, been intervening into national democracies and national sovereignty as its legislation is superior to national legislation; b) EU legislation and judgements of the Court of Justice of the EU have been reducing national social standards; c) executives and numerous new institutions and agencies with indirect legitimation have taken over competencies that formerly lay in the domain of national directly legitimated legislatives; and d) these negative effects relate to the EU’s giving preference to the liberalisation of free trade of capital, goods and services over democracy, social standards, and national sovereignty. Against the framework of the globalisation trilemma, analysis is combined with normative-theoretical judgements on the quality democracy of the setting that has been found and a conceptual discussion. The article concludes by discussing the perspectives of the setting examined and the possible paths to solutions, arguing that in order to keep a high level of economic integration, democracy, and social standards in the EU, national sovereignty needs to give way.

scholarly journals Functioning of government institutions and development of processes in the political space of the European Union

2019 ◽  
pp. 32-40
Author(s):  
Iryna Butyrska
Keyword(s):  
European Union ◽  
Political Competition ◽  
Political Process ◽  
The Political ◽  
The European Union ◽  
Political Space ◽  
Political Debate ◽  
National Sovereignty ◽  
Political Processes ◽  
The Eu

The author analyzes the political space of the EU as an environment of functioning of political objects and development of political processes, a system of political differences, which strengthen the political hierarchy in the organization and the differentiation of political positions. Legislation adopted at the supranational level should be implemented by member-states or, if it is a directive, converted into national legislation. It is proved that the political and institutional structure of the hierarchy in the EU is relatively weak; it is based not on the independence of European authority, but on selective and overly conditioned transfer of authority of States to supranational institutions; part of national sovereignty is delegated to the States, although the States are sovereign within the EU; national sovereignty is limited to a certain extent and this is a serious obstacle that prevents the development of the authority vertical in the EU. The author emphasizes that this leads to failures in compliance with the rules of hierarchical subordination. Negotiations and cooperation of EU institutions are more organized than at the state level, which indicates the EU as a «Treaty order» or «competitive order». After all, the functioning of the European Single Market creates a pressure of competition on economic entities and on States with their political and economic regimes. The author believes that the solution of problems depends on the clarity of decisions and actions of the EU, which should become more open to political competition. This will promote innovation, highlight developments with the EU and enable citizens to decide who rules in the EU and take sides in the political debate. Institutional reforms have already changed the EU to a more competitive political institution. This approach should take the main place in the development of the EU policy, at least in the short term. Keywords: European Union, political space, political process, European authority institutions.

scholarly journals The EU Regulatory Competition in Asylum Law

2020 ◽  
Vol 14 (1) ◽  
pp. 19-30
Author(s):  
Denard Veshi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Advantages And Disadvantages ◽  
Asylum Law ◽  
Subsidiarity Principle ◽  
The Eu

AbstractThis paper deals with the principle of subsidiarity in asylum law. It exposes some of the most important ‘push’ factors that have been considered by the European Union (EU) as arguments for the centralisation of asylum law. Through the application of an economic approach, this text examines the need for harmonization of asylum standards to reach the goal established in Article 5 of the Treaty on European Union. An economic methodology is used to investigate the application of the subsidiarity principle by considering some of the most important economic criteria for both centralisation and decentralisation, and by applying the findings to the asylum law. Specifically, this paper considers the Tiebout model, the problem of the ‘race to the bottom’, the reduction of transaction costs, and the importance of the protection of refugee human rights. These theories are commonly used in the cases of a specific issue with a transboundary nature, which produces [negative] international externalities. In addition, they reflect the significance of equal conditions within the EU Member States as well as the role of the EU as a sui generis organisation protecting human rights. It should be noted that this paper does not deal with the basic normative question of whether or not refugees deserve protection, but it aims to expose the advantages and disadvantages of an EU asylum policy. In its conclusion, the paper discusses the advantages of a centralised EU policy that also allows, within certain conditions, some type of competition between the Member States.

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