scholarly journals Legal Aspects of “White-Label” Banking in the European, Polish and German Law

2021 ◽  
Vol 14 (6) ◽  
pp. 280
Author(s):  
Michał Grabowski
Keyword(s):  
European Union ◽  
Legal System ◽  
Financial Services ◽  
Banking Sector ◽  
German Law ◽  
Legal Aspects ◽  
The European Union ◽  
European Union Law ◽  
Proper Place ◽  
Market Concept

Offering “White-label” products and services is a well-developed business sector in the European market. At present, this market concept is also increasingly being applied to financial services, as part of a bank–FinTech cooperation. A question arises, however, as to the proper place for such models within the complex system of European financial law. This article reviews the “White-label” frameworks currently operating in the banking sector and the corresponding regulations of the European Union law, based on their application in German and Polish legal system. Purposive, grammatical, and comparative law methods were used to study the content of legal acts. As a result, the principles of two primary models of White-label banking were established. The first model is based on a bank acting only as an outsourcing service provider. In the second model, a bank also operates on the basis of a license it was granted. Both models have a common legal origin in European Union law, but local variations exist depending on the legal system of a given Member State.

scholarly journals Comparative Analysis of Financial Stability Policy of The National Bank of Serbia and The European Central Bank

2015 ◽  
Vol 53 (2) ◽  
pp. 142-161
Author(s):  
Mirjana Jemović ◽  
Borko Krstić
Keyword(s):  
European Union ◽  
Financial Services ◽  
Financial Stability ◽  
Banking Sector ◽  
Global Financial Crisis ◽  
System Stability ◽  
The European Union ◽  
National Bank ◽  
The Global Financial Crisis ◽  
The Eu

AbstractThe Republic of Serbia has successfully completed the first part in the European Union integration process, being granted candidate status for membership in the European Union (EU). The stage of accession negotiations is in progress, and it includes the full harmonization with the EU acquis, whereby the analytical review of legislation, the so-called screening is being carried out in 35 chapters. The global financial crisis that affected our country in 2008 has required a timely reaction of the National Bank of Serbia (NBS) in order to preserve the financial system stability, especially the banking sector as its most important segment. As the financial services sector adjusts within chapter 9, the aim of this paper is to assess the level of compliance of national legislation with the EU legislation regarding banking sector. Along with the regulatory initiatives in the field of preserving financial stability in the EU countries, the NBS has paid great attention to the harmonization of its financial stability policy with the financial stability policy of the European System of Central Banks (ESCB).

scholarly journals The concept of constitutional pluralism as the fundamental basis for the development of the European Union legal order

2021 ◽  
Vol 12 (34) ◽  
pp. 361-378
Author(s):  
Vitalii Gutnyk ◽  
Ivan Bratsuk ◽  
Stepan Burak ◽  
Antonina Zubareva
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Order ◽  
The European Union ◽  
Constitutional Courts ◽  
European Union Law ◽  
Member States ◽  
National Legislation ◽  
Methodological Basis ◽  
Constitutional Pluralism

The objective of this article is to analyze the concept of constitutional pluralism as a methodological basis for the construction of the legal system of the European Union. In particular, attention is paid to investigating the particularities of the interaction and operation of the different constitutional legal systems within the legal sphere of the European Union, studying the constitutional collisions derived from the interaction of European Union law and the law national of the Member States. Dialectical, comparative legal, historical, systemic-structural and formal dogmatic methods were used in the research. The article concluded that the national constitutional courts of the Member States of the European Union can give priority to their constitutional rules only if those rules are clear and reflect substantial constitutional obligations. However, in any case, in order to maintain the coherence of the legislation of the European Union and the national legislation of the Member States, it is necessary to amend the national Constitutions of the Member States of the European Union.

scholarly journals Contradictory tendencies in banking systems of the Slovak Republic and the Russian Federation

2017 ◽  
Vol 1 (2) ◽  
pp. 108-118
Author(s):  
Simona Heseková
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Banking Sector ◽  
Foreign Capital ◽  
Slovak Republic ◽  
Banking System ◽  
The European Union ◽  
European Union Law ◽  
Banking Systems ◽  
The Russian Federation

The paper analyzes the banking systems of the Slovak Republic under the influence of the European Union legislation and banking system of the Russian Federation from the perspective of opening the banking sector to foreign capital. A fundamental difference between the given legislations, which is reflected mainly in the recent period, lies in the degree of openness of the banking system to foreign capital. While the banking system of the Slovak Republic under the influence of the European Union law can be considered as highly open banking system to foreign capital, the legislation concerning the Russian banking system is characteristic by legal limitation for foreign capital entry. The analysis of these contradictory tendencies which have common goal – to ensure a stable banking system could bring important knowledge that may help in resolving the issue of stability of the banking system at the global level.

scholarly journals Economic and legal aspects of employee monitoring, with particular emphasis on remote work

2021 ◽  
pp. 97-110
Author(s):  
Marta Czech ◽  
Keyword(s):  
European Union ◽  
Legal Aspects ◽  
Legal Regulations ◽  
Remote Work ◽  
The European Union ◽  
Monitoring Methods ◽  
European Union Law ◽  
Employee Monitoring ◽  
Effective Organization ◽  
Modern Technologies

Purpose – The purpose of this article is to identify and indicate the basic issues of employee moni-toring that arise in the field of economic and legal sciences from the perspective of employers, such as the factors motivating employers to use various forms of employee monitoring, current conditions of such activities resulting from state law and the European Union law, as well as potential threats to employers using broadly understood monitoring. Research method – Dogmatic and statistical methods, the analysis of legal acts and research results, as well as literature studies and observations of practice were used to prepare the article.Results – The possibility of using modern technologies to monitor employees is an important tool in the pursuit of effective organization of working time, although there is a lack of studies showing whether the monitoring methods offered on the market actually increase work efficiency. The actual needs of employers with regard to various forms of monitoring are not reflected in the provisions of the Labor Code. Employers should approach employee monitoring with caution, because inapprop-riate actions in this area may have negative effects.Originality / value / implications / recommendations – The article concerns issues of significant impor-tance from the perspective of not only Poland, but also other European Union countries, current in the realities of the pandemic and based on the latest legal regulations.

Legal aspects of airport slot allocation: a challenge for the European Union

2020 ◽  
Vol 130 ◽  
pp. 19-27
Author(s):  
Michał Lutek
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Slot Allocation ◽  
European Union Law ◽  
Commercial Aviation ◽  
Contemporary Reality ◽  
The Impact ◽  
Air Carriers

With the increase in the number of operations performed at airports in European Union countries, the problem of allocation of airport slots is becoming more apparent. Legal regulations in this respect were adopted over two decades ago, which means that they are not suitable for the contemporary reality of commercial aviation, which has undergone a huge change during the indicated period. This article aims to analyze the current legal framework for the allocation of slots at the level of international law, with particular emphasis on the European Union law. The main reasons affecting the urgent need to amend the provisions in the presented scope will be discussed. These issues include, for example, the problem of slot trading between air carriers. Also, the impact of the EU response to COVID-19 epidemic on the air carrier’s situation in relation to slots will be outlined. Selected examples illustrating difficulties in applying EU rules will also be analyzed in detail. The summary will be followed by an indication of key de lege ferenda postulates in the discussed area.

The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Elisabetta M. Lanza
Keyword(s):  
European Union ◽  
Free Trade ◽  
Legal System ◽  
Case Law ◽  
Court Case ◽  
Constitutional Court ◽  
The European Union ◽  
European Union Law ◽  
The One

AbstractThis paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.

scholarly journals The EU law and the law of third countries: problems of interaction

2021 ◽  
Vol 118 ◽  
pp. 02003
Author(s):  
Dmitriy Viacheslavovich Galushko ◽  
Natalya Valerievna Oganova ◽  
Andrey Leonidovich Belousov ◽  
Elena Valerievna Grigorovich ◽  
Aleksey Valerievich Sereda
Keyword(s):  
European Union ◽  
Legal System ◽  
The State ◽  
Legal Systems ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Relationship ◽  
Respective State ◽  
The Eu

The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

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