scholarly journals Jak rozporządzenie Bruksela I bis rozstrzyga o jurysdykcji w sporach z międzynarodowej gwarancji ubezpieczeniowej, czyli o pojęciu sprawy ubezpieczeniowej

2020 ◽  
pp. 97-135
Author(s):  
Dariusz Fuchs
Keyword(s):  
Social Security ◽  
Insurance Contract ◽  
Strict Sense ◽  
Eu Regulation ◽  
Civil Court ◽  
Theoretical Approaches ◽  
Insurance Case ◽  
The Subject ◽  
The Eu

The article presents the issue of the jurisdiction of a civil court in the light of the provisions of the EU Brussels I bis Regulation in relation to a matter in the field of insurance guarantee. This was presented against the background of qualification considerations of the insurance case and delimitation of the norms of the EU Brussels I bis Regulation in relation to disputes under the insurance contract from reinsurance disputes (in the strict sense and the so-called retrocession). At the same time, reasons were given for excluding social security from this scope. Because in practice (and in theoretical approaches) there are discrepancies as to the scope of the subject application of the standards in relation to individual insurance activities, one of the objectives of this study is to indicate that such nterpretation possibility which such a gap will remove, because it is even be harmful to the certainty of turnover, if it would appear in relation to such fundamentalconcepts as jurisdiction in international insurance disputes and jurisdiction in domestic disputes. Consequently, basically based on an autonomous interpretation and in the alternative: lex fori the possibility of refusing to apply the standards of section 3 of EU Regulation No. 1215/2012 to disputes in the field of insurance guarantee. An appropriate analysis of national law was also carried out, indicating the need for coherence between EU and internal law standards in the area of qualifying disputes arising from the insurance guarantee.

Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

2016 ◽  
Keyword(s):  
Financial Services ◽  
Complete Analysis ◽  
Insolvency Law ◽  
Eu Regulation ◽  
European Court ◽  
The Subject ◽  
Run Up ◽  
The Uk ◽  
Insolvency Proceedings ◽  
The Eu

This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.

scholarly journals Identity, Belonging and Strategic Citizenship. Considerations About Naturalisation Among Italians and Spaniards Living in the EU

2021 ◽  
Author(s):  
Iraklis Dimitriadis ◽  
Fabio Quassoli
Keyword(s):  
New Wave ◽  
Citizenship Rights ◽  
Theoretical Approaches ◽  
Quantitative Studies ◽  
Pros And Cons ◽  
Cultural Self ◽  
The Subject ◽  
Subjective Meanings ◽  
Depth Interviews ◽  
The Eu

AbstractThe subject of naturalisation among intra-EU migrants has only recently drawn the attention of social science scholars. Empirical evidence from quantitative studies shows an increase in citizenship applications among this new wave of mobile people, indicating a strategic use of naturalisation. However, there is not a great deal of micro-level research, especially as to the subjective meanings attached to citizenship take-up in a new EU member state. Drawing on 68 in-depth interviews conducted with Italians and Spaniards living in London and Berlin, we argue that an individual’s understanding of naturalisation within the EU context is based on two aspects: on one hand, a strictly pragmatic evaluation of the pros and cons of the new status; on the other, a new sense of belonging as well as new cultural and territorial identifications that intra-EU migrants are not often willing to experience. Therefore, this article suggests that EU migrants that strongly identify with their country of origin and the EU see national and EU identities as conflicting with naturalisation, thus setting aside instrumental considerations. This constitutes a critique to theoretical approaches claiming the diminishing importance of a nation’s cultural self-understanding. Our paper also sheds light on the possible effect of the UK’s departure from the EU on young Southern European migrants choosing to apply for British citizenship, highlighting that it is mostly the implementation of the formal exit process and the actual abrogation of EU citizenship rights that reconfigure patterns in naturalisation, rather than the uncertainty and fears about the future.

A comparative analysis of the lay-friendliness of Danish EU patient information leaflets from 2000 to 2012

2014 ◽  
Vol 11 (3) ◽  
Author(s):  
Inger Askehave ◽  
Karen Korning Zethsen
Keyword(s):  
Comparative Analysis ◽  
Patient Information ◽  
Patient Information Leaflet ◽  
General Interest ◽  
Information Leaflet ◽  
Empirical Results ◽  
Patient Information Leaflets ◽  
Information Leaflets ◽  
The Subject ◽  
The Eu

Since becoming mandatory in the EU in 1992, the patient information leaflet (PIL) has been the subject of an on-going discussion regarding its ability to provide easily understandable information. This study examines whether the lay-friendliness of Danish PILs has improved from 2000 to 2012 according to the Danish consumers. A reproduction of a questionnaire study from 2000 was carried out. The responses of the 2012 survey were compared to those of the 2000 survey and the analysis showed that Danes are less inclined to read the PIL in 2012 compared to 2000 and that the general interest in PILs has decreased. The number of respondents who deem the PIL easy to read has gone down. According to Danish consumers, the lay-friendliness of PILs has not improved from 2000 to 2012 and a very likely explanation could be that the PIL as a genre has become far too regulated and complex to live up to its original intentions. On the basis of the empirical results the article furthermore offers suggestions for practice changes.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

The present and future competence of the European Union in the Arctic

Polar Record ◽  
2011 ◽  
Vol 48 (4) ◽  
pp. 361-371 ◽  
Author(s):  
Timo Koivurova ◽  
Kai Kokko ◽  
Sebastien Duyck ◽  
Nikolas Sellheim ◽  
Adam Stepien
Keyword(s):  
International Negotiations ◽  
The Arctic ◽  
The European Union ◽  
Crucial Importance ◽  
Arctic Council ◽  
The Third ◽  
Broad Array ◽  
The Subject ◽  
Arctic Policy ◽  
The Eu

ABSTRACTThe European Union's (EU's) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union's aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU's gradually emerging Arctic policy. This article puts forward a different view of the EU's presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decision-making powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement. Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU's restrictions on the import of seal products and the ensuing litigation.

scholarly journals Member States’ social security agreements with India

2018 ◽  
Vol 20 (2) ◽  
pp. 173-187
Author(s):  
Pauline Melin
Keyword(s):  
Social Security ◽  
European Commission ◽  
Current Approach ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Bilateral Agreements ◽  
Country Case Study ◽  
The Eu

In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.

Social Security Prosecutions and Overpayment Recovery

1989 ◽  
Vol 22 (4) ◽  
pp. 213-236
Author(s):  
Arie Freiberg
Keyword(s):  
Social Security ◽  
Administrative Process ◽  
The Subject ◽  
The Relationship

This Article examines some of the problems arising from the interaction between the criminal, civil and administrative responses to non-compliance with social security legislation, in particular, cases of overpayments of pensions and benefits obtained by fraud. It focuses on the relationship between criminal sancations or orders imposed by the courts and the administrative process of recovering overpayments. It discusses the problem of identifying the appropriate forum and mechanism for the resolution of disputes over the quantum of disputed overpayments. Finally, it suggests some procedural reforms to ensure that persons who are the subject of parallel proceedings have their disputes dealt with in the most expeditious and least prejudicial manner possible.

European Union Law

2021 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Environmental Law ◽  
Research Topics ◽  
European Union Law ◽  
European Institutions ◽  
The Subject ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.

Scientific and theoretical approaches to the problem of migration in modern science

2021 ◽  
pp. 115-120
Author(s):  
T.M. Tagiyeva ◽  
Keyword(s):  
Social Life ◽  
Modern Science ◽  
Integrated Approach ◽  
Economic Science ◽  
Historical Science ◽  
Scientific Publications ◽  
Complex Concept ◽  
Psychological Science ◽  
Theoretical Approaches ◽  
The Subject

Presented is the analysis of scientific and theoretical approaches to the problem of migration in modern science. Migration is a complex concept in modern science, and therefore attracts attention of many social and humanitarian sciences. It is determined that this direction of scientific research was originated already in ancient historical science then became the subject of study of economic science. Today, thanks to increased interest in this area of social life, theoretical and methodological foundations have emerged for an integrated approach to the analysis of any social phenomenon, associated with migration. This is evident from the number of scientific publications in the world, related to the analysis and forecasting of specific processes and situations of migration. In the future, methodology of research in this area will be enriched through the use of capabilities of mathematics and statistics methods, as well as achievements of psychological science.

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