Insolvenzzwecke in Deutschland und Frankreich

2019 ◽  
Author(s):  
Saskia Naomi Merle
Keyword(s):  
German Law ◽  
Bankruptcy Law ◽  
Legal Analysis ◽  
French Law ◽  
Legal Requirements ◽  
Member States ◽  
Eu Member States ◽  
The Face ◽  
The Eu

As a result of the recently announced restructuring and insolvency directive, the Europeanisation of bankruptcy law has reached a new peak. In view of this, there is an urgent need to discuss the law’s procedural purposes, as the EU member states’ national laws differ enormously in this respect. French law, for example, favours restructuring in many areas. In contrast, the German procedure primarily aims to satisfy creditors in equal measure, which appears indispensable in principle due to constitutional and European legal requirements. In the face of political ‘restructuring hype’, this comparative legal analysis also shows, however, to what extent a firm’s restructuring should be supported in German law and which paths would possibly be open for this undertaking. In this context, this study pays particular attention to pre-insolvency restructuring instruments within the parameters of the aforementioned directive.

scholarly journals Posebna naknada za troškove prouzročene vjerovniku dužnikovim zakašnjenjem s ispunjenjem novčane obveze u poslovnim transakcijama (paušalna naknada troškova naplate)

2020 ◽  
Vol 41 (1) ◽  
pp. 155-176
Author(s):  
Ivan Tot
Keyword(s):  
Comparative Method ◽  
German Law ◽  
Legal Analysis ◽  
Member States ◽  
Eu Member States ◽  
Lump Sum ◽  
Legal Nature ◽  
Legal Consequence ◽  
Laws And Regulations

One of the novelties introduced into Croatian law with the Financial Operations and Pre-Bankruptcy Settlement Act of 2012 (ZFPPN) is the introduction of a new legal consequence of late payment in the so-called commercial transactions. On the basis of Art. 13 (1) of the ZFPPN, the creditor of a monetary obligation is ex lege entitled to a lump sum compensation for recovery costs in Croatian kunas in the amount equivalent of forty euros. This lump sum compensation, designated in the ZFPPN as “a special compensation for the creditor's recovery costs incurred due to debtor's late payment in commercial transactions”, was introduced into Croatian law in order to comply with the provisions of the Art. 6 Directive 2011/7/EU. The paper discusses the legal nature and functions of the lump sum compensation for recovery costs and analyses the conditions for the arising of the creditor's right to a lump sum compensation, maturity and prescription of the claim to a lump sum compensation. The interpretation of the provisions of the ZFPPN in this paper is based on a comparative legal analysis and is in line with the Directive 2011/7/EU. In the utilisation of the comparative method, the solutions adopted in Austrian and German law were primarily considered, while the research also included the laws and regulations of all EU Member States that were adopted in the tranposition of the provisions of Art. 6. Directive 2011/7/EU.

scholarly journals The Strategic Use of Resettlement: Changing the Face of Protection?

Refuge ◽  
2004 ◽  
pp. 39-48 ◽  
Author(s):  
Joanne Van Selm
Keyword(s):  
Asylum Seeker ◽  
Member States ◽  
Eu Member States ◽  
The Face ◽  
The Eu

Discussion about resettlement is increasing worldwide. Traditional resettlement countries look to the EU to establish new programs to expand the use of this durable solution. Some EU Member States appear most interested in resettlement for the potential it might offer in resolving the problems of smuggling, high asylum-seeker arrivals, and widespread anti-immigrant tendencies. This article sets out four key arguments on: the reasons for conducting resettlement; the “see-saw” numbers hypothesis; perceptions of refugees according to their means of arrival; and the links between asylum and resettlement, while discussing the European developments and global discussion of the strategic use of resettlement.

scholarly journals Analysis Of Bankruptcy Law Provisions In New Member EU Countries: Global Competitive Strategy Implications For Multinational Corporations

2011 ◽  
Vol 3 (9) ◽  
Author(s):  
F. J. Brewerton ◽  
Jane LeMaster
Keyword(s):  
Multinational Corporations ◽  
Economic Integration ◽  
Multinational Corporation ◽  
Economic Benefits ◽  
Bankruptcy Law ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
New Eu Member States ◽  
The Eu

Globalization has been responsible for a number of ongoing interrelated trends including an accelerated worldwide movement toward economic integration, an ongoing proliferation of new multinational corporations, a widening search for new economic opportunities by multinational corporations, and an increasing concern for and attention to bankruptcy as a contingency strategy for multinational corporations when primary strategies catastrophically fail. The economic benefits associated with the removal of trade barriers is also attracting new member countries to the EU and other trading blocks but these new member countries bankruptcy law provisions may have uncertain contingency strategy implications for MNCs.This paper comprises (1) a brief summary of the general trends associated with globalization; (2) a discussion of why international bankruptcy law is becoming increasingly important in the formulation of contingency strategy in multinational corporations; (3) a discussion and analysis of bankruptcy law provisions in new EU member states; (4) a discussion of the strategic implications associated with new member states bankruptcy laws; and (5) general conclusions regarding the attractiveness of new member states bankruptcy laws to multinational corporation strategists.

scholarly journals Migration and mobility of third-country national labour workers to and inside Europe during the Covid-19 pandemic – a legal analysis

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Adolfo Sommarribas ◽  
Birte Nienaber
Keyword(s):  
European Union ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Rapid Spread ◽  
The Status ◽  
The Eu ◽  
Third Country Nationals

AbstractThe Covid-19 pandemic took most EU Member States of the European Union by surprise, as they underestimated the rapid spread of the contagion across the continent. The response of the EU Member States was asymmetrical, individualistic and significantly slow. The first measures taken were to close down the internal borders. The response of the European Union was even slower, and it was not until 17th March 2020 that the external borders were closed. These actions affected legal migration into the European Union from four perspectives: it affected 1) the mobility of those third-country nationals who were on a temporary stay in the EU Member States; 2) the entry of third-country nationals to do seasonal work; 3) legal migrants entering and staying; and 4) the status of the third-country nationals already residing in the EU Member States, especially those experiencing a loss of income. This article will deal with the measures taken by the EU Member States to manage the immigration services, as a case study how Luxembourg dealt to avoid that temporary staying migrants and regular migrants fall into irregularity. Finally, we will focus on the vulnerability of third-country nationals with the rising risk of unemployment and the risk of being returned to their country of origin. The article will also analyse access to healthcare and unemployment benefits.

Tarifautonomie und Wirtschaftskrise

2019 ◽  
Author(s):  
Konstantina Bourazeri
Keyword(s):  
Collective Bargaining ◽  
Labour Market ◽  
German Law ◽  
Economic Policies ◽  
Member States ◽  
Eu Member States ◽  
The 1960S ◽  
Regulatory Powers ◽  
Of Greece ◽  
The Eu

The tension which exists between state regulatory powers and social-autonomous regulation of the working conditions through collective arrangements has been discussed in Germany since the 1960s. The topic has once again become current with regards to the context of the financial and economic crisis which broke out in 2008/09. The European legislator reacted against the Euro crisis by enacting an extensive legislative package, which intensified the supervision and coordination of the economic policies of the EU member states. Through the implementation of the “European Stability Mechanism”, financial assistance was provided to the crisis-stricken countries under strict conditions. The requirements specified in Memoranda of Understanding included reforms of the labour market, which in the case of Greece being deeply in debt, have led to a profound reorganisation of the national collective bargaining system. Against this background, this paper examines, if the reforms of the Greek labour market, induced by the crisis, should be assessed on the basis of the fundamental Union rights. It should then be discussed in detail, if the measures in question are compatible with the European right to collective bargaining and action. The problem areas described may also be significant for German law, as the systems of collective arrangements in both EU member states are historically based on common principles and measures of value.

BIOECONOMY DEVELOPMENT POTENTIAL BASED ON MORE EFFICIENT LAND USE IN THE EU

2015 ◽  
Author(s):  
Irina PILVERE ◽  
Aleksejs NIPERS ◽  
Bartosz MICKIEWICZ
Keyword(s):  
Green Growth ◽  
Member States ◽  
Eu Member States ◽  
Growing Stock ◽  
Europe 2020 ◽  
Europe 2020 Strategy ◽  
Analysis And Synthesis ◽  
Key Industries ◽  
The Eu ◽  
Production Resource

Europe 2020 Strategy highlights bioeconomy as a key element for smart and green growth in Europe. Bioeconomy in this case includes agriculture, forestry, fisheries, food and pulp and paper production, parts of chemical, biotechnological and energy industries and plays an important role in the EU’s economy. The growth of key industries of bioeconomy – agriculture and forestry – highly depends on an efficient and productive use of land as a production resource. The overall aim of this paper is to evaluate opportunities for development of the main sectors of bioeconomy (agriculture and forestry) in the EU based on the available resources of land. To achieve this aim, several methods were used – monographic, analysis and synthesis, induction and deduction, statistical analysis methods. The findings show that it is possible to improve the use of land in the EU Member States. If all the Member States reached the average EU level, agricultural products worth EUR 77 bln would be annually additionally produced, which is 19 % more than in 2014, and an extra 5 billion m3 volume of forest growing stock would be gained, which is 20 % more than in 2010.

THE STANDARD OF LIVING OF HOUSEHOLDS IN POLAND COMPARED TO OTHER EU MEMBER STATES

2015 ◽  
Vol 5 (2) ◽  
pp. 634-638
Author(s):  
Joanna Szwacka Mokrzycka
Keyword(s):  
Economic Development ◽  
Economic Condition ◽  
Standard Of Living ◽  
Consumption Expenditure ◽  
Member States ◽  
Eu Member States ◽  
Financial Condition ◽  
Starting Point ◽  
Structure Of Consumption ◽  
The Eu

The objective of this article is to present the standard of living of households in Poland in comparison with other EU member states. The starting point for analysis was the economic condition of Poland against the background of other EU member states. The next step consisted of assessment of the standard of living of inhabitants of individual EU member states on the basis of financial condition of households and the structure of consumption expenditure. It was found that the differences within the EU in terms of economic development and the standard of living of households still remain substantial.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

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