scholarly journals Administration of the Estate under Regulation (EU) No. 650/2012

2021 ◽  
Vol 47 (4) ◽  
pp. 27-47
Author(s):  
Jacek Górecki
Keyword(s):  
Member States ◽  
The Law ◽  
The Eu

In the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.

scholarly journals Is this Completely M.A.D.?

2020 ◽  
Vol 3 (1) ◽  
pp. 128-150
Author(s):  
Annegret Engel ◽  
Julian Nowag ◽  
Xavier Groussot
Keyword(s):  
European Integration ◽  
Member States ◽  
Federal Constitutional ◽  
The Law ◽  
German Federal Constitutional ◽  
The Eu

This brief note, on the Bundesverfassungsgericht’s Weiss judgment of 5th May 2020, highlights three implications of the German Federal Constitutional Court’s landmark ruling and its constitutional significance with implications for the wider context of Member States’ cooperation in the EU and European integration as a whole. We explain the relevant background of the judgment and argue that the specific issue created by the judgment might be addressed quickly but that the resulting judicial turmoil for the broader relationship between the law of the EU and the Member States can only be remedied by treaty changes in the longer term in order to avoid the Mutually Assured Destruction (M.A.D.).

scholarly journals Staatsbürgerschaft als Ware – von Goldenen Pässen und der Europäischen Union

2021 ◽  
Vol 81 (4) ◽  
pp. 1033-1058
Author(s):  
Julien Berger
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
European Citizenship ◽  
The World ◽  
National Citizenship ◽  
The Law ◽  
The Eu

Citizenship as a Commodity – of Golden Passports and the European Union “Golden passport” schemes are increasingly gaining popularity around the world. Meanwhile, this trend has also reached the European Union. It now threatens to lead to a partial commercialisation of both national citizenship and the European citizenship. This contribution examines the evolution of national citizenship law through “golden passports” and addresses the question of the compatibility of such programs with the law of the European Union. It thereby reveals the difficulty of reconciling the sovereignty of member states in matters of nationality with the principle of sincere cooperation in the EU.

scholarly journals Sąžiningos ir nesąžiningos komercinės veiklos samprata

Teisė ◽  
2011 ◽  
Vol 81 ◽  
pp. 144-157
Author(s):  
Mantas Rimkevičius
Keyword(s):  
Main Condition ◽  
Member States ◽  
Commercial Practice ◽  
Foreign Countries ◽  
Business To Consumer ◽  
The Law ◽  
Unfair Commercial Practices Directive ◽  
The Relationship ◽  
The Eu ◽  
Fairness Doctrine

Šiame straipsnyje nagrinėjama ES sąžiningumo samprata, kaip pagrindinė sąlyga, vertinant komercinę veiklą, remiantis Nesąžiningos komercinės veiklos direktyva ir Nesąžiningos komercinės veiklos vartotojams draudimo įstatymu. Straipsnyje analizuojamos Direktyvos 2005/29/EB nuostatos bei užsienio šalių mokslininkų doktrina, siekiant atskleisti būtinybę nustatyti ekonominį ES sąžiningumo sampratos pobūdį ES nesąžiningos komercinės veiklos teisėje. Pateikiama ES ekonominės sąžiningumo sampratos ir ES valstybių narių „nacionalinių moralių“ atskyrimo būtinybė, atskleidžianti poreikį išlaikyti dvejopo pobūdžio (proprekybinio ir provertybinio) komercinės veiklos vertinimą.This article explores the concept of EU fairness as the main condition for assessing commercial practices under the Unfair Commercial Practices Directive and the Law on Prohibition of Unfair Business-to-Consumer Commercial Practices. The article analyses the provisions of the UCPD as well as the jurisprudence of the scholars of foreign countries, seeking to reveal the necessity to establish the economic based fairness doctrine in the EU unfair commercial practices law. Additionally, investigation of the relationship between the pro economic EU fairness concept and the national morals of the Member States leads to the conclusion of the need to maintain two different kinds of commercial practice assessments (trade – based and moral – based) in the EU.

There is little usage of what may be described as the forensic skill of the English judge. The major part of the report concerns summaries of the arguments put forward by both parties, the Advocate General, other interested Member States, and the governments of affected Member States. Given the detail of the summarised arguments, and the range of arguments presented, it is interesting to note that it is acceptable for the Court to dismiss arguments without reasons. Theoretically, of course, an English judge could do the same, but the entrenched method of reasoning by analogy based on precedent makes such a course of action unlikely. 5.7 SUMMARY This chapter has attempted to give an outline description of the main areas where English law needs to be read and understood in its European dimension. These areas are the law relating to human rights, and the EU and its law making powers (EC law). The chapter began with a basic introduction to the idea of treaties in general as the main method of the British government making political agreements— agreements that are usually operative at the level of international law. The chapter then explained the ways in which the law relating to human rights and the legal aspects of the EU have become part of English law.

2012 ◽  
pp. 186-186
Keyword(s):  
Human Rights ◽  
Major Part ◽  
Legal Aspects ◽  
Member States ◽  
Course Of Action ◽  
English Law ◽  
The Law ◽  
Ec Law ◽  
Reasoning By Analogy ◽  
The Eu

Incorporation

2020 ◽  
pp. 80-107
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Point Of View ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Law Of Nations ◽  
International Legal Order ◽  
Structural Principles ◽  
The Law ◽  
Political Communities ◽  
The Eu

This chapter shows how national courts receive European Union (EU) law by way of dualism in the same way they receive international law. From the member states’ point of view EU law is not the law of a new jurisdiction but the law of an international legal order. Incorporation is not a simple transfer. Member state courts incorporate EU law through three structural principles: ‘conditional primacy’, ‘institutional tolerance’, and ‘integrity’. These principles are uniquely relevant to the transnational nature of EU law. The member states remain independent political communities. Integrity, thus, applies to EU law on the basis that the EU is a community of communities of principle. The ideals of a community of principle apply to the EU only when it is seen as a union of peoples that come together on the basis of the law of nations. The practical or deliberative understanding of law provides an account of the relationship between domestic and EU law without paradox.

scholarly journals The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 509-513
Author(s):  
Iris Goldner Lang
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Global Migration ◽  
Eu Member States ◽  
The Law ◽  
Migration Law ◽  
The Eu ◽  
Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

scholarly journals Some Problems of the European Information Exchange Model in the Field of the Law Enforcement Cooperation

2018 ◽  
Vol 24 (2) ◽  
pp. 225-230
Author(s):  
Simo Mihov
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Exchange Model ◽  
Member States ◽  
Authorized User ◽  
Secure Information ◽  
Network Application ◽  
The Law ◽  
Exchange Network ◽  
The Eu

Abstract There are some mechanisms which ensure information exchange among the member states of the EU in the field of the law enforcement cooperation such as European Information Exchange Model (EIXM) and channels used the information with operational importance to be transferred from one authorized user to another such as the Secure Information Exchange Network Application (SIENA) and the system I-24/7. The article is devoted to defining of some problems of organizational and managerial character for improving the compatibility between these mechanisms and suggesting of some simple solutions the obstacles to be overcome

London is in strong position to keep euro-clearing

2017 ◽  
Keyword(s):  
New York ◽  
European Commission ◽  
International Business ◽  
Euro Area ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Strong Position ◽  
The Law ◽  
The Eu

Subject London euro-clearing post-Brexit. Significance The European Commission released draft legislation on June 13 proposing the European Securities and Markets Authority (ESMA) supervise non-EU-based clearing houses that are deemed systemically important, in effect giving the EU the power to insist euro-clearing remains in the bloc after Brexit. On June 23, the ECB proposed a “significantly enhanced” role for the ECB in euro-clearing. Forcing euro-clearing into the euro-area shows the bloc puts protecting its own interests before globalisation, also suggesting that the post-Brexit EU may increasingly prioritise political imperatives over economic ones, and become less open to international business. Impacts The draft law will affect New York and Tokyo, which will gain from London if European finance becomes more fragmented. If passed, the law will give the ESMA strong powers to determine the geography of EU finance. Such political direction could cause tensions as not all EU member states are likely to welcome it.

scholarly journals The effect of the establishment and application of European law in Poland – selected theoretical issues

2020 ◽  
Vol 2020 (56) ◽  
pp. 171-182
Author(s):  
Jacek Zaleśny
Keyword(s):  
Legal Order ◽  
European Law ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
International Obligations ◽  
The Law ◽  
Polish Law ◽  
The Eu

The article is focused on the effect of the establishment and application the European Union law in Poland immediately after 2004. By becoming the law binding in Poland (and other member states of the EU), the EU law effected significant changes in the sphere of law creation and application. Traditionally, in the national legal order, the law of the highest force is the constitution, while in accordance with the EU legal order, the regulations of the European law are superior in their application in the territory of the member states, including the regulations of the constitution. The present analysis explains how the dilemma of the simultaneous superiority of the regulations of the constitution and the regulations of the EU law was solved in Poland and what importance is attributed to the concept of favourable interpretation of the national law and the EU law. The present paper poses the hypothesis that the model of reconciling the regulations of the Polish law and the regulations of the European law developed in Poland immediately after 2004 was correctly established. It contributes well to Poland meeting international obligations, at the same time respecting the superior position of the constitution.

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