The Impact of Harmonisation of Private Law on the Reform of Civil Law in the New Member States

2014 ◽  
Keyword(s):  
Civil Law ◽  
Private Law ◽  
Member States ◽  
New Member States ◽  
The Impact

19. Enlargement

2020 ◽  
pp. 440-468
Author(s):  
Ulrich Sedelmeier
Keyword(s):  
Foreign Policy ◽  
Policy Process ◽  
Member States ◽  
New Member States ◽  
Policy Practice ◽  
External Governance ◽  
The Impact ◽  
Over Time

This chapter examines the main phases of the European Union’s enlargement policy process—association, pre-accession, and accession—and the key decisions involved in each of these stages. It discusses how these decisions are made, and how policy practice has evolved over time. The chapter then explores enlargement as a tool of foreign policy and external governance. It discusses the development of the EU’s accession conditionality as an instrument to influence domestic change in candidate countries and why conditionality appears to have become less effective after the 2007 enlargement round, including the impact of the EU’s ‘enlargement fatigue’ and manifestations of ‘democratic backsliding’ among new member states.

scholarly journals Export and total factor productivity of EU new member states

2020 ◽  
Vol 11 (2) ◽  
pp. 263-273
Author(s):  
Sasa Jaksic ◽  
Natasa Erjavec ◽  
Boris Cota
Keyword(s):  
Total Factor Productivity ◽  
Vital Role ◽  
Common Denominator ◽  
Factor Productivity ◽  
Member States ◽  
New Member States ◽  
Export Competitiveness ◽  
The Impact ◽  
Eu New Member States

The common denominator of the European Union’s (EU) strategic long-run documents is the role of total factor productivity in fostering future growth and competitiveness. Hence, this article analyses the impact of total factor productivity on export competitiveness in EU new member states (NMS). As opposed to the stagnation of the growth of total factor productivity in the advanced economies, EU NMS exhibited stronger growth that was interrupted due to the 2008 economic and financial crisis. After the crisis, the growth continued but it was not as strong as before. The results of the empirical analysis confirm the vital role of total factor productivity for the export competitiveness of the EU NMS. However, the results also point to the fact that the impact of total factor productivity on export competitiveness is not that beneficial in the countries where the value of total factor productivity has not returned to the pre-crisis level.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

Ograniczenia niezależności politycznej polskich organów regulacyjnych w świetle prawa unijnego

2014 ◽  
pp. 53-84
Author(s):  
Krzysztof Rokita
Keyword(s):  
Civil Law ◽  
Vienna Convention ◽  
Private Law ◽  
The European Union ◽  
Breach Of Contract ◽  
The Past ◽  
European Consumer ◽  
Consumer Rights ◽  
United Nations Convention ◽  
The Impact

The United Nations Convention on Contracts for the International Sale of Goods (the so-called Vienna Convention, CISG) is considered one of the most important and influential private law acts of the past decades. The most compelling evidence of the impact of the CISG is the European private law. It is especially evident in case of consumer sales law of the European Union. The Consumer Sales Directive (99/44) and, to some extent, even the Directive on Consumer Rights (2011/83/EC) were based on principles and institutions derived from the CISG. The most important influences are of course the objective liability of a debtor and the institution of conformity of the goods; however, even the basic terms (such as “conformity of goods” and “non-conformity of goods”) are defined per analogiam. And even though European legislator did not borrow from the CISG its’ concept of the fundamental breach of contract, the further cases of CISG’s impact are seen in cases of Nachfrist and remedies available to the parties of a contract. Since European consumer sales law is one of the most important spheres of EU interests and influences national civil law systems, CISG may easily be described as the model and backbone of future private law harmonization.

scholarly journals The Impact of Corruption and Rent-Seeking Behavior upon Economic Wealth in the European Union from a Public Choice Approach

2021 ◽  
Vol 13 (12) ◽  
pp. 6870
Author(s):  
Gheorghița Dincă ◽  
Marius Sorin Dincă ◽  
Camelia Negri ◽  
Mihaela Bărbuță
Keyword(s):  
Public Choice ◽  
Rent Seeking ◽  
The European Union ◽  
Member States ◽  
Economic Wealth ◽  
New Member States ◽  
Governance Quality ◽  
The Impact ◽  
Choice Approach ◽  
Public Choice Approach

The current paper evaluates the impact of corruption and rent-seeking behaviors upon economic wealth in the European Union states using a public choice approach. The period of study is 2000 to 2019. To measure this impact, the present study uses a regression with variables reflecting governance quality and considered relevant, from a public choice approach, to corruption and rent-seeking. The main results of this study show a negative relationship between the level of corruption and economic wealth for all analyzed countries, especially for the ones that compose the new member states group. For all the EU member states, the variables capturing governance quality seem to have a positive impact on economic wealth. The higher levels of governance performance, synonymous with lower levels of rent-seeking, personal interest, and political pressures on state administrations, contribute to economic wealth, as public choice theory emphasizes. There is a need for reform and an increase in the efficiency of public institutions, especially in new member states.

scholarly journals Fundamentals of European Civil Law

1997 ◽  
Vol 27 (2) ◽  
pp. 388
Author(s):  
A H Angelo
Keyword(s):  
European Union ◽  
Civil Law ◽  
Comparative Law ◽  
Company Law ◽  
Private Law ◽  
The European Union ◽  
Labour Law ◽  
Commercial Company ◽  
The Impact

This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and correct view of the impact of the European Union on aspects of the private law of the member states. 

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