scholarly journals Insolvent Groups of Companies in the European Union

2020 ◽  
Vol 4 (2) ◽  
pp. 189-198
Author(s):  
Noémi Suri
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Group Coordination ◽  
Opt Out ◽  
Group Members ◽  
Insolvency Proceedings ◽  
The Coordinator

Before 26 June 2017, there was no single universal regulation governing the treatment of insolvency cases concerning groups of companies or certain members of a group in the European Union. The Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings defines the effective execution of insolvency proceedings at the different group members involved as the general objective of the legal source. The aim of my paper is to review the detailed rules of group coordination proceedings, during which I focus on the request for opening group coordination proceedings, on the possibility of defining which court has jurisdiction, on the review of the opt-out and opt-in rights related to group coordination proceedings and on the presentation of the powers assigned to the coordinator.Before 26 June 2017, there was no single universal regulation governing the treatment of insolvency cases concerning groups of companies or certain members of a group in the European Union. The Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings defines the effective execution of insolvency proceedings at the different group members involved as the general objective of the legal source. The aim of my paper is to review the detailed rules of group coordination proceedings, during which I focus on the request for opening group coordination proceedings, on the possibility of defining which court has jurisdiction, on the review of the opt-out and opt-in rights related to group coordination proceedings and on the presentation of the powers assigned to the coordinator.

Centre of Main Interest (otherwise known as COMI) with Regard to the Existing Case-law of the Court of Justice of the European Union (CJEU)

2019 ◽  
pp. 196-210
Author(s):  
Lucia Gandžalová ◽  
Nikola Pacalajová
Keyword(s):  
European Union ◽  
Case Law ◽  
European Parliament ◽  
The European Union ◽  
Main Interest ◽  
International Jurisdiction ◽  
Court Of Justice ◽  
Insolvency Proceedings ◽  
Centre Of Main Interest

The centre of main interests is the key concept of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. Its significance lies in the fact that this concept constitutes the sole determinant for establishing international jurisdiction for the opening of the main insolvency proceedings. The paper deals with the analysis of the concept of COMI, including the presentation of the case-law of the Court of Justice of the European Union.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

TTIP, CETA, and TiSA Behind Closed Doors

2017 ◽  
Author(s):  
Panagiotis Delimatsis
Keyword(s):  
European Union ◽  
Global Governance ◽  
Early Stage ◽  
European Parliament ◽  
Trade Negotiations ◽  
The European Union ◽  
The Us ◽  
The Eu

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).

Moving Beyond Procedure

2002 ◽  
Vol 35 (7) ◽  
pp. 784-813 ◽  
Author(s):  
AMIE KREPPEL
Keyword(s):  
European Union ◽  
European Parliament ◽  
Decision Procedures ◽  
The Other ◽  
Current Debate ◽  
Legislative Process ◽  
The European Union ◽  
The Impact ◽  
Legislative Influence

This article examines the influence of the European Parliament (EP) within the legislative process of the European Union. Although debate over the impact of the cooperation and co-decision I procedures continues, this article argues that, in part, the current theoretical debate is a false one that has caused many of the other important variables that affect EP legislative influence to be ignored. This article briefly revisits the current debate, then proceeds to an analysis of the success of more than 1,000 EP amendments under the cooperation and co-decision procedures. This evidence suggests that numerous other variables, such as internal EP unity and type of amendment made, have a significant impact on EP success, even controlling for procedure. In addition, this comparison points out some empirical differences between the two procedures that have been largely ignored in the theoretical debate but that nonetheless have a significant impact of EP success and merit further study.

General Overview of Private Damages Claims

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Eleonora Mateina ◽  
Keyword(s):  
European Union ◽  
Competition Law ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
General Overview

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

scholarly journals Freedom of conscience in Europe? An analysis of three cases of midwives with conscientious objection to abortion

2017 ◽  
Vol 44 (2) ◽  
pp. 104-108 ◽  
Author(s):  
Valerie Fleming ◽  
Beate Ramsayer ◽  
Teja Škodič Zakšek
Keyword(s):  
European Union ◽  
Health Professionals ◽  
Developed Countries ◽  
Conscientious Objection ◽  
The European Union ◽  
European Level ◽  
Major Area ◽  
Documentary Analysis ◽  
Opt Out ◽  
Church Law

While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related care by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them.

scholarly journals Do Citizens Reward Place-Based Policy? Evidence from the European Union

2021 ◽  
Author(s):  
Roman Senninger
Keyword(s):  
European Union ◽  
Economic Performance ◽  
Local Environment ◽  
European Parliament ◽  
Economic Downturn ◽  
Survey Experiment ◽  
The European Union ◽  
Quasi Experimental ◽  
Election Results ◽  
European Parliament Elections

Governments redistribute ever larger shares of their budgets to enhance the economic performance of specific areas within their jurisdiction. However, there is little evidence about one of the most fundamental questions arising from such place-based policies: Do citizens reward politicians for funding that benefits their local environment? To answer this question, I turn to the European Union and leverage quasi-experimental data from an initiative that distributed vouchers to European municipalities to establish free and high-quality WiFI connectivity before the European Parliament election in 2019. Moreover, I analyze geolocated data about beneficiaries of two major European Union funds, European Parliament election results along with register data from polling stations, and a city-wide survey experiment in Denmark. The results show that European place-based policy has little to no impact on turnout and Eurosceptic voting in European Parliament elections. The findings are discussed in the light of the recently introduced European Union recovery fund to combat economic downturn caused by the COVID-19 pandemic.

scholarly journals The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

2020 ◽  
pp. 30-44 ◽  
Author(s):  
Petr YAKOVLEV
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Before And After ◽  
Union History ◽  
The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

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