scholarly journals Ring-Fencing in Europe

2019 ◽  
Author(s):  
Konstantin Oppolzer
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Investment Banking ◽  
Structural Reforms ◽  
The European Union ◽  
Insolvency Law ◽  
The United Kingdom ◽  
Structural Differences ◽  
Comprehensive Picture

Bank structural reforms that stipulate the separation of retail and investment banking and that can collectively be referred to as ‘ring-fencing’ have been among the most controversial regulations since the financial crisis. This study explores legal developments in the European Union in this regard as well as national legislation in the United Kingdom, Germany and Switzerland. The study contributes to the terminology and classification of existing and future ring-fencing initiatives and paints a comprehensive picture of current developments and prospects on an EU level in this respect. It furthermore highlights structural differences in the national approaches of Europe’s three most important financial centres, and casts light on Switzerland’s unique ring-fencing efforts that have been barely recognised internationally. This study was recognised with the Austrian Award for Insolvency Law.

scholarly journals COLLECTIVE MANIFESTATION OF EUROSCEPTIC PARTIES AND GROUPS CRITICAL IDEAS IN EUROPEAN UNION TREATIES

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Palupi Anggraheni ◽  
Chitra Regina Apris
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Collective Action ◽  
Value Added ◽  
The European Union ◽  
Trigger Factors ◽  
The United Kingdom ◽  
Single European Act ◽  
Structural Conduciveness

The withdrawal of the United Kingdom from the European Union (EU) increases awareness of how far the Euroscepticism ideas spread among EU's members. As one of the pivotal EU members, the UK's withdrawal will bring consequences, especially how other countries' members perceived this action. The research focuses on how far the Eurosceptic party's critical ideas are manifested in the European Union treaties. This type of research is descriptive and qualitative. The scope of this research will focus on the Euroscepticism parties and movements in Austria, France, Italy, Netherland, and the United Kingdom. In this study, the authors use the concept of Euroscepticism to explain the classification of parties into the Euroscepticism Hard and Soft category and Neil J. Smelser's Value-Added Collective Behaviour scheme to describe the determinants of their collective action against the European Union. The result of this research is that Euroscepticism spreads throughout Europe by manifesting their critical ideas through six determinants factor, such as structural conduciveness, structural tension, growth, and spread of general beliefs, trigger factors, participant mobility, and social control. The manifestation of critical ideas carried out by Euroscepticism parties in the three countries can be seen through the Single European Act, Maastricht Treaty, Treaty Establishing Constitution for Europe, Referendum British Exit. The culmination of collective action by the Eurosceptic parties was the launch of EU critical campaigns (No to EU!) As well as a significant vote in the EU parliamentary elections.

scholarly journals Status Report on the Regulation of Insolvency Law at an EU Level and Its Trends of Transformation and Development

2021 ◽  
Vol 10 (1) ◽  
pp. 103-111
Author(s):  
Noémi Suri
Keyword(s):  
European Union ◽  
Critical Appraisal ◽  
Status Report ◽  
The European Union ◽  
Insolvency Law ◽  
Cross Border ◽  
Comprehensive Picture ◽  
Analytical Assessment

In the last almost one decade, a number of initiatives were launched in the European Union to reinforce the development of treating cross-border insolvency cases in a unified manner and to strengthen cooperation in the field. The primary aim of this study is to review the results of legislation in the field of insolvency law and to provide an analytical assessment of the level of cooperation based on the legal sources in force. Beyond a critical appraisal, the author intends in this status report to foreshadow a comprehensive picture of the anticipated trends for development too.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

scholarly journals Towards Circular Economy—A Comparative Analysis of the Countries of the European Union

Resources ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 49
Author(s):  
Ewa Mazur-Wierzbicka
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Circular Economy ◽  
Spatial Differentiation ◽  
The European Union ◽  
Main Research ◽  
Eu Countries ◽  
Population Member ◽  
Research Population

There are many studies which implement and assess existing measurement manners and document the progress of entities towards the circular economy (CE) at various levels, or present or propose new possibilities of measurement. The majority of them refer to the micro level. The aim of this paper is to conduct a multidimensional comparative analysis of the implementation of circular economy by EU countries. After an in-depth critical analysis of the literature, CE indicators which were proposed by the European Commission were adopted as a basis. Owing to the research population-Member States of the European Union (EU-28), focusing on the said indicators was declared reasonable in all aspects. The classification of EU countries according to the level of their advancement in the concept of CE was adopted as a main research task. In order to do so, a relevant index of development of circular economy was created (IDCE). This will allow us, inter alia, to trace changes in the spatial differentiation of advancement of the EU countries in implementing CE over the years, to identify CE implementation leaders as well as countries particularly delayed in this regard. The comparative analysis was conducted by means of statistical methods. On the basis of the analyses, it was concluded that among all EU countries, those of the old EU are the most advanced in terms of CE. The analysis confirmed significant rising trends for IDCE only in the case of Belgium and The Netherlands.

Correctional oversight bodies’ resources and protections across the European Union: Are their hands tied?

2021 ◽  
pp. 174889582098696
Author(s):  
Eva Aizpurua ◽  
Mary Rogan
Keyword(s):  
European Union ◽  
Critical Role ◽  
The European Union ◽  
Financial Independence ◽  
Staff Members ◽  
The United Kingdom ◽  
Equal Importance ◽  
Protection Mechanisms ◽  
Human Rights Standards ◽  
International Instruments

Oversight bodies play a critical role in upholding human rights standards in prison. Several international instruments require states to establish independent forms of prison oversight and to give them the powers they need to conduct their work. Resources are central to the effectiveness and independence of oversight bodies. Of equal importance is the ability of prison oversight bodies to offer protections against reprisals for those who choose to speak to them and for their own staff. In this article, we provide results from the first survey of prison oversight bodies in the European Union and the United Kingdom, focusing on the resources and protections which prison oversight bodies in these states have to enable them to conduct their work. Our results suggest the need to strengthen the financial independence of prison oversight bodies, with slightly less than half of the bodies having their own budget to monitor prisons. Bodies which had their own budgets had a greater number of staff members and a greater variety of professional backgrounds among their members, likely influencing their ability to fulfil their mandate. Our results also point to the need to develop further protection mechanisms against reprisals for those who speak with inspectors as well as for staff from prison oversight bodies.

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