Re-Addressing the Harmonisation of European Takeover Law post-Brexit

2021 ◽  
Vol 24 (2) ◽  
pp. 305-340
Author(s):  
Lars Ruf
Keyword(s):  
Role Model ◽  
Regulatory Reform ◽  
Legal Framework ◽  
Significant Finding ◽  
The European Union ◽  
Current State ◽  
The Us ◽  
State Of Research ◽  
Legal Frameworks ◽  
The Eu

The EU Takeover Directive from 2004 has attempted to harmonise Takeover Law within the European Union. The UK’s legal framework governing takeovers served as somewhat of a role model for it. Therefore, Brexit gives rise to the question as to whether the Directive could undergo a reform within the foreseeable future. This paper aims to re-address the harmonisation of European Takeover Law post-Brexit by examining how UK and US Takeover Law could potentially influence its reform. It will be made apparent how the UK’s role in European Takeover Law suggests that Brexit might actually lead to its reform, which is most likely going to drive the respective legal frameworks further apart. Another significant finding concerns the comparability of the US and EU governmental system, which indicates that the foreseeable development of European Takeover Law could be prone to issues which appear in the US. In order to overcome several difficulties that European Takeover Law will face, the paper makes two recommendations. With regard to a regulatory reform at the current state of research, the EU should take a neutral approach by providing companies with an optional framework governing Takeover Law. In order to determine which provisions are desirable for the creation of shareholder value, it is submitted that further research in this field should be encouraged. a

The Evolution of the European Neighbourhood Policy and the Current Challenges of a Disintegrated Neighbourhood

2012 ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Policy Formation ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
Current State ◽  
Initial Stage ◽  
State Of Affairs ◽  
The Arab Spring ◽  
The Eu

The paper traces the evolution of the European Neighbourhood Policy (ENP) since its origins until the present day. The ENP was initiated in 2003 attracting vast institutional and scholarly interest in its various aspects. The extraordinary events of the Arab Spring revolutions in the Southern neighbourhood prompted a renewed interest towards the ENP despite the internal economic turmoil faced by the European Union (EU) and its Member States. The EU institutions undertook a substantive revision of the policy in 2011 in addition to the regional split that had taken place previously. The legal framework of the ENP, comprising its objectives, methodology and instruments, is analysed to reveal the various stages of the existence of the policy and the shortcomings undermining its success. The initial stage of policy formation, the subsequent impact of the Treaty of Lisbon, and the most current state of affairs with a regional emphasis will be addressed in sequence.   Full text available at: https://doi.org/10.22215/rera.v7i1.211

Disaster Strikes: Regulatory Barriers to the Effective Delivery of International Disaster Assistance within the EU

2011 ◽  
Vol 2 (1) ◽  
pp. 53-83 ◽  
Author(s):  
Sarah Williams ◽  
Justine N. Stefanelli
Keyword(s):  
Member State ◽  
Natural Disasters ◽  
Quality Standards ◽  
Legal Framework ◽  
The European Union ◽  
International Assistance ◽  
Eu Member States ◽  
Disaster Assistance ◽  
Legal Frameworks ◽  
The Eu

AbstractThis article considers the European Union's legal framework and its ability to facilitate – or hinder – international assistance for natural disasters occurring within the European Union. At a time when the frequency and severity of natural disasters in the EU appears to be increasing, and when it is more likely that affected EU Member States are required to seek assistance from outside their borders, or even outside the EU, it is important to ensure that international assistance is able to reach its intended target. Member State domestic legal frameworks may delay, obstruct or prevent international assistance from reaching those in need, often due to a failure to consider the special situation of disasters when drafting, interpreting and applying legislative regimes. For example, immigration, customs, food and transport laws may not contain sufficient exemptions for emergency personnel, materials and goods, and domestic licensing requirements and quality standards may prevent a nation from accepting assistance. At the same time, there is a need to ensure that any assistance accepted by an affected Member State is subject to appropriate quality standards without unduly impeding the delivery of assistance.

The Relevance of Environmental Justice for the Legal Framework in the European Union

2010 ◽  
Vol 7 (2) ◽  
pp. 163-175 ◽  
Author(s):  
Bernard Vanheusden
Keyword(s):  
European Union ◽  
Environmental Justice ◽  
Environmental Law ◽  
Legal Framework ◽  
The European Union ◽  
Fair Treatment ◽  
Meaningful Involvement ◽  
The Us ◽  
History Of ◽  
The Eu

AbstractEnvironmental justice is a relatively new and unknown notion in European environmental law. The notion originally comes from the US. Environmental justice is the fair treatment and meaningful involvement of all people. The protection of environmental justice plays a prominent role in the US environmental policy. This contribution examines, after a brief history of environmental justice, the relevance of environmental justice for the legal framework in the EU. It includes the results of an empirical research and a test of the EU legal framework. It concludes that environmental justice is not yet something that goes without saying within the EU.

scholarly journals The Evolution of the European Neighbourhood Policy and the Current Challenges of a Disintegrated Neighbourhood

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Policy Formation ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
Current State ◽  
Initial Stage ◽  
State Of Affairs ◽  
The Arab Spring ◽  
The Eu

The paper traces the evolution of the European Neighbourhood Policy (ENP) since its origins until the present day. The ENP was initiated in 2003 attracting vast institutional and scholarly interest in its various aspects. The extraordinary events of the Arab Spring revolutions in the Southern neighbourhood prompted a renewed interest towards the ENP despite the internal economic turmoil faced by the European Union (EU) and its Member States. The EU institutions undertook a substantive revision of the policy in 2011 in addition to the regional split that had taken place previously. The legal framework of the ENP, comprising its objectives, methodology and instruments, is analysed to reveal the various stages of the existence of the policy and the shortcomings undermining its success. The initial stage of policy formation, the subsequent impact of the Treaty of Lisbon, and the most current state of affairs with a regional emphasis will be addressed in sequence.

scholarly journals Corruption in the Czech and Slovak Republic: Did the EU pressure improve legal framework and its enforcement?

2011 ◽  
Vol 59 (7) ◽  
pp. 121-136 ◽  
Author(s):  
Ladislava Grochová ◽  
Tomáš Otáhal
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Legal Framework ◽  
The European Union ◽  
Barriers To Entry ◽  
Current State ◽  
Indicator Data ◽  
Composite Indexes ◽  
The Eu

Did the EU pressure improve legal framework and its enforcement in the Czech and Slovak Republic? The paper analyzes the current state of the Czech and Slovak quality of legal framework and its enforcement in the context of the European Union accession. We looked at a variety of corruption indicator data, such as statistics of revealed and clarified malfeasance connected with corruption per 100 capita and the composite indexes. These indicators suggest that the quality of the legal framework and its enforcement in the Czech and Slovak Republic has not improved after joining the European Union. More precisely, it can be argued that in spite of implementation of anti-corruption public policies proposed by EU institutions, perceived corruption of public officers has remained the same. This means that trustworthiness of legal framework and enforcement authorities responsible for deterrence and reduction of corruption remained the same as well. Therefore, in order to improve the quality of the legal framework and its enforcement, reduction of barriers to entry and more profound legislation reforms is suggested.

Trade Secrets and the Software Industry

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Software Industry ◽  
Patent Application ◽  
The United States ◽  
Intellectual Property Right ◽  
The European Union ◽  
Trade Secrets ◽  
Software Products ◽  
The Us ◽  
Legal Frameworks ◽  
The Eu

This chapter examines the trade secrets regimes in the European Union and the United States, with particular emphasis on how they affect the software industry. Almost every intellectual property right originates in a secret. For example, an inventor keeps his inventive concept secret until he files for a patent. The same may apply to a designer in relation to a new product design until a registered design application or a design patent application is filed. These early stages of conception often require protection against misappropriation. The chapter considers the legal basis for granting trade secrets protection and the relevant conditions for such protection. Next, it discusses the EU and the US legal frameworks governing the misappropriation of trade secrets in relation to software products, with particular emphasis on the treatment of reverse engineering under trade secrets law.

NATO - EU Collaboration on Hybrid Threats

2020 ◽  
Vol 20 (1-2) ◽  
pp. 13-23
Author(s):  
Laris Gaiser
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
The European Union ◽  
Joint Declaration ◽  
Current State ◽  
Close Relationship ◽  
Hybrid Threats ◽  
Definition Of ◽  
Relationship Of ◽  
The Eu

This article analyzes the current state of collaboration between NATO and the EU, with particular reference to the hybrid conflict sector. There has always existed a close relationship of interdependence between the two organizations. In 2016, this interdependence experienced a collaborative surge with the signing of a joint declaration at the Warsaw Summit. Since then,NATO and the European Union have actively collaborated in various sectors, including hybrid warfare. In the future, both organizations will need to improve the exchange of information and intelligence collaboration. However, this analysis aims to point out that NATO and the EU, if they wish to limit the scope of their opponents’ manoeuvrability, since hybrid conflict tends to develop below the threshold of what is generally accepted as the definition of armed conflict, will have to work together to outline a new legal framework that redefines the definition of armed conflict.

Das Ende der Naivität gegenüber China? Die Reform des europäischen Investitionskontrollregimes

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 134-148
Author(s):  
Jörn-Carsten Gottwald ◽  
Joachim Schild ◽  
Dirk Schmidt
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Strategic Partnership ◽  
The European Union ◽  
Investment Policies ◽  
Investment Control ◽  
Chinese Investment ◽  
Bilateral Relations ◽  
The Us ◽  
The Eu

The European Union (EU) has introduced measures to better screen investments from third countries, in particular by enterprises and state actors of the People’s Republic of China. These measures highlight the profound change in bilateral relations which have turned from “strategic partnership” into “systemic rivalry”. Reacting to new Chinese policies of foreign trade and investment, the EU followed a revision of investment screening policies in the US. The EU has overcome deep splits among member states and established a new legal framework at the supranational level that leaves the ultimate screening and decision-making power to the national level. This paper identifies the changes in Chinese investment and investment policies and highlights key contents of the US legislation on investment control before discussing the new EU framework. It interprets the new measures as further examples of an increased reliance on state policies instead of market forces - by all partners involved.

scholarly journals Robotics and AI in the European Union: opportunities and challenges

2018 ◽  
Vol 4 (2) ◽  
pp. 135-146
Author(s):  
Tiago Sérgio Cabral
Keyword(s):  
European Union ◽  
New Technology ◽  
Legal Framework ◽  
The European Union ◽  
Daily Lives ◽  
Current State ◽  
Social Opportunities ◽  
Health Labour Market ◽  
State Of Affairs ◽  
The Eu

The development of AI will bring with it a plethora of new economic and social opportunities. Areas that are as distinct as agriculture and health will be inevitably changed. However, this “new” technology also brings with it fundamental challenges and a new reality that our current legal framework is not yet prepared to deal with. In this paper, we will study the opportunities that AI brings to the European Union, the difficulties of regulating it, the current state of affairs, and theinitiatives currently being drawn up to guarantee that the EU can keep up and even become a leader in this area. Our focus will be on the areas of health, labour market, liability rules and the challenges for the integration of robots in our daily lives.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

Sign in / Sign up

Export Citation Format

Share Document