scholarly journals Europäische Gemeinnützigkeit

2020 ◽  
Author(s):  
Benjamin Schmidt
Keyword(s):  
Conceptual Framework ◽  
Legal Practice ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
European Foundation

This thesis seeks to develop a conceptual framework for EU-compliant charity laws. It analyzes critically the legal practice that has emerged in many EU member states after the ECJ decisions in Stauffer and Persche: to require charitable “free movers” to comply with all charitable law requirements of the country in which tax exemption is sought (so-called “strict” comparability test). Further, the thesis focuses on the readiness of national charity laws to administer cross-border cases, the introduction of “new” national factors into charity laws and the proposal for a European Foundation Statute.

scholarly journals Cross-border approach to regions’ smart specialization: experience of the EU member states

2020 ◽  
Vol 7 (3) ◽  
pp. 36-48
Author(s):  
Olha Demedyuk ◽  
Khrystyna Prytula
Keyword(s):  
Regional Development ◽  
Recent Decade ◽  
Innovation Systems ◽  
Member States ◽  
Innovative Strategies ◽  
Eu Member States ◽  
Border Regions ◽  
Cross Border ◽  
Smart Specialization ◽  
The Eu

In the recent decade, the EU Member States have been actively implementing the regional development policy based on innovative strategies of smart specialization. However, lately, European researchers have been paying increasing attention to the issues of regions’ capacity to overcome the boundaries of administrative units inside the country and abroad and to the need to consider regions in the context of their functioning among others, especially from the viewpoint of the growing role of their innovative networks in global value chains. That is why currently the EU is addressing the development of cross-border smart specialization strategies. The paper aims to study the European experience on the functioning of cross-border innovation systems and joint strategic planning of cross-border regions’ development based on smart specialization and to outline the opportunities to implement the EU experience of cross-border approach to smart specialization in cross-border regions of Ukraine with EU Member States. The paper analyzes the views of foreign researchers on the links between innovation systems in cross-border space that constitute the theoretical basis of the study of cross-border smart specialization strategies, namely regarding the dimensions and level of their development. The research of European scientists on cross-border innovation systems in specific cross-border regions is examined, in particular on Spanish-French and German-French borders. Directions of implementation of smart specialization projects in cross-border context under the EU programs and other EU instruments that support regions in cooperation for the elaboration of joint view of development with neighbouring economically, socially, culturally, and historically close regions are outlined. The experience and methodology of the first cross-border smart specialization strategy for Spanish and Portuguese regions are studied in detail. The opportunities to use the EU experience by several Western Ukrainian regions based on the joint smart specialization priorities with the neighboring EU states are outlined. For this purpose, 1) the RIS3 strategies of the regions of Poland and Romania adjoining Ukraine and Regional Development Strategies of respective Ukrainian regions were analyzed to detect similar smart specialization priorities; 2) the clusters in the mentioned regions were analyzed as main drivers of achievement of smart specialization goals to detect similar or complementary functioning areas.

Connecting EU Jurisdictions: Exploring How to Open Justice Across Member States Through ICT

2018 ◽  
Vol 38 (3) ◽  
pp. 274-294 ◽  
Author(s):  
Marco Velicogna ◽  
Ernst Steigenga ◽  
Sandra Taal ◽  
Aernout Schmidt
Keyword(s):  
Service Providers ◽  
Dynamic Environment ◽  
Legal Tradition ◽  
Member States ◽  
Eu Member States ◽  
Digital Service ◽  
Cross Border ◽  
Implementation Effort ◽  
New Ideas ◽  
Legal Frameworks

This article explores the concept of open justice in the context of European Union (EU) cross-border litigation and focusing on the e-justice dimension. It does it looking both at the open justice principle coming from the legal tradition and at the new ideas coming from the open government discourse. More in detail, the article investigates the attempt to create an open area of justice in Europe through the development and implementation of an European Justice Digital Service Infrastructure and the opening of such infrastructure to users and service providers. It is a development and implementation effort, which builds on the EU’s multilevel legal frameworks, which uses available technological innovations, which responds to the economic needs and challenges of an EU without internal borders, and which result should be capable of being embedded in the existing cultural communities. EU Member States (MSs) have developed such infrastructure and tested it successfully. Currently, EU institutions are faced with the serious and unavoidable challenge to open up such infrastructure and to ensure its use. In a dynamic environment in which EU and MSs laws, technologies, economies, and cultures coevolve, this is not an easy task.

scholarly journals THE HARMONIZATION OF THE AVOIDANCE RULES IN EUROPEAN UNION INSOLVENCIES

2016 ◽  
Vol 66 (1) ◽  
pp. 79-105 ◽  
Author(s):  
Andrew Keay
Keyword(s):  
European Union ◽  
Insolvency Law ◽  
Member States ◽  
European Regulation ◽  
Legal Proceedings ◽  
Eu Member States ◽  
Cross Border ◽  
Insolvency Proceedings ◽  
The Eu

AbstractCross-border transactions and resultant legal proceedings often cause problems. One major problem is knowing which law should govern the transaction and any legal proceedings. Cross-border insolvencies in the EU are subject to the European Regulation on Insolvency Proceedings (EIR) but this legislation does not determine which substantive insolvency law rules apply in a given insolvency. There are many differences in the insolvency rules applicable in the various EU Member States and this has caused concern in relation to the avoidance of transactions entered into by an insolvent prior to the opening of insolvency proceedings. In light of this, the paper examines options to address divergence between national avoidance rules. One option, harmonization, is analysed as well as its possible benefits and drawbacks.

Strengthening the Single Market through informal dispute-resolution mechanisms in the EU: The case of SOLVIT

2018 ◽  
Vol 25 (1) ◽  
pp. 108-117
Author(s):  
Evgenia Kokolia
Keyword(s):  
Dispute Resolution ◽  
Single Market ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Eu Legislation ◽  
Cross Border ◽  
Key Characteristics ◽  
The Eu

SOLVIT is an informal out-of-court dispute-resolution tool between the EU Member States and Norway, Lichtenstein and Iceland to practically help citizens and businesses when encountering problems in cross-border situations with their rights enshrined in EU legislation. In light of the recently adopted Commission Communication on the reinforcement of SOLVIT, 1 the authors analyse its key characteristics and challenges. The authors concludes that an enhanced role of SOLVIT can efficiently promote a culture of compliance and smart enforcement of EU law in the Single Market together with the Member States.

scholarly journals Los efectos patrimoniales de los matrimonios y de las uniones registradas en la Unión Europea = Property consequences of marriages and of registered partnerships in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 8
Author(s):  
Andrés Rodríguez Benot
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
Property Regimes

Resumen: Desde el 29 de enero de 2019 la mayoría de los países de la UE aplica los Reglamentos 2016/1103 y 2016/1104, de 24 de junio de 2016, sobre los aspectos de Derecho internacional privado de los regímenes matrimoniales y de los efectos patrimoniales de las uniones registradas, respectivamente. Se trata de dos textos extensos y complejos que ofrecen una regulación global o de conjunto de los as­pectos de esta materia en supuestos que impliquen repercusión transfronteriza.Palabras clave: Régimen económico matrimonial,e Efectos patrimoniales de las uniones registra­das. Reglamentos de la UE 2016/1103 y 2016/1104.Abstract: Since 29th January 2019 most of EU Member States apply Regulations 2016/1103 and 2016/1104 concerning Private International Law in matters of matrimonial property regimes and in mat­ters of the property consequences of registered partnerships, respectively. Both are long and complex texts that govern comprehensively all issues of those matters having cross-border implications.Keywords: Matrimonial property regimes. Property consequences of registered partnerships. EU Regulations 2016/1103 and 2016/1104.

Mobilities against Prejudice: The Role of Social Transnationalism in Europe in Sentiments towards Immigration from Other EU Member States and from Outside the EU1

2018 ◽  
Author(s):  
Justyna Salamońska
Keyword(s):  
Negative Attitudes ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
The World ◽  
European Migration ◽  
The Eu ◽  
Third Country Nationals

Over the decades Europe has received many and diverse flows of people from around the world. Migrants coming from outside the EU along intra-European migrants have changed the landscape of migrations with their diverse mobility projects. At the same time European citizens residing in their countries of origin are mobile in multiple ways when they engage in travel and consumption across the borders or they connect to family and friends based in other countries. In this chapter I will argue that while European citizens themselves have become more mobile engaging in cross-border exchanges and interactions, these processes have also brought about the change in their thinking about mobility of others who migrate from other EU Member States and beyond. Using the Eurobarometer data I illustrate how attitudes towards intra- and extra-European migration differ, with largely positive sentiments towards migrants coming from within the EU and predominantly negative attitudes towards migrants from outside the EU. However, determinants of these attitudes remain similar, irrespectively if they are directed at European movers or third country nationals. Among examined determinants of sentiments, engagement in cross-border practices seems to coincide with more positive opinions about migration.

scholarly journals Franchising, Validation, and Branch Campuses in the European Union

2014 ◽  
pp. 16-17 ◽  
Author(s):  
Lukas Bischof
Keyword(s):  
Higher Education ◽  
European Union ◽  
Quality Assurance ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Branch Campuses ◽  
Eu Member States ◽  
Cross Border ◽  
Study Programs

European Higher Education is growing together. Both students and institutions are increasingly going abroad to obtain or offer education. Lately, the issue of branch campuses, franchising or validation arrangements have caused controversy. While European law guarantees all EU universities to offer their study programs in other EU Member States, there is not yet an overarching form of cross-border quality assurance. A recent study has investigated the prevalence of cross-border provision of higher education as well as its regulation in 27 Member States of the European Union. This article explores existing loopholes and makes recommendations for a European quality assurance framework for cross-border education.

Changing the Base: Legal Implications of Scientific Criteria and Methodological Standards on what Constitutes Good Marine Environmental Status

2012 ◽  
Vol 2 (1) ◽  
pp. 145-165 ◽  
Author(s):  
Till Markus
Keyword(s):  
Conceptual Framework ◽  
Marine Waters ◽  
Marine Strategy Framework Directive ◽  
Member States ◽  
Eu Member States ◽  
Legal Implications ◽  
Environmental Status ◽  
Good Environmental Status ◽  
Marine Environmental ◽  
The Eu

AbstractThe Decision on Criteria and Methodological Standards on Good Environmental Status of Marine Waters provides the conceptual framework for the assessment and valuation of the marine waters of EU Member States. In particular, it provides concepts for defining what constitutes good marine environmental status – a status which Member States are obligated to achieve by the year 2020 under the 2008 Marine Strategy Framework Directive. This article aims to elucidate the epistemic and normative dimensions of scientific criteria and methodological standards, as well as their importance in the legal treatment of the marine environment of the EU. The article also assesses how and to what extent the transnational process leading up to the Decision was structured, surveying existing ideas and perspectives as to what exactly constitutes good environmental status, and examining whether the structure of the Decision ensures that those affected by it would want to accept it.

Estimating efficiency of Directive 2011/24/EU cross-border healthcare in member states

2018 ◽  
Vol 7 (8) ◽  
pp. 827-834
Author(s):  
Mustapha D Ibrahim ◽  
Mevhibe B Hocaoglu ◽  
Berna Numan ◽  
Sahand Daneshvar
Keyword(s):  
Member State ◽  
Healthcare Policy ◽  
Data Envelopment ◽  
Member States ◽  
Eu Member States ◽  
Patients Rights ◽  
Cross Border ◽  
Country Level ◽  
Using Data ◽  
Patients Experience

Aim: Directive 2011/24/EU on patients’ rights in cross-border healthcare facilitates EU citizens' access to and reimbursement for healthcare provided or prescribed in a member state other than the member state of affiliation. Materials & methods: The efficiency of cross-border healthcare policy is evaluated using data envelopment analysis of relevant items in Eurobarometer Survey on Safety and Quality of Care and Patients’ Rights in the EU. Results: Our study shows policy inefficiency in 52% of the 25 EU member states included in the analysis. Addressing difficulties patients encounter while seeking reimbursement from their national health service or health insurer and reducing the number of adverse events patients experience when receiving healthcare improves policy efficiency. Conclusion: Our findings confirm that there is country-level variation in cross-border healthcare policy efficiency.

Reimagining EUrope through the Governance of Migration

2020 ◽  
Vol 14 (3) ◽  
pp. 252-269
Author(s):  
Maurice Stierl
Keyword(s):  
European Commission ◽  
Global South ◽  
Member States ◽  
Eu Member States ◽  
Cross Border ◽  
Different Levels

Abstract In its own narrative, EUrope conceives of itself as a postnational and transborder project, often through tropes of movement and the transgression of borders. In light of this imaginary, recent mass migrations provoked a serious conundrum. How would the EUropean polity reconcile the dominant idea of itself with its desire to erect barriers to cross-border movements from the “Global South”? This article inquires into tensions between, first, Hungary and, second, Italy vis-à-vis the European Commission and other EU member states over the control and regulation of unauthorized migrations in 2015 and 2018. Both examples allude to divergent and conflictual ways of governing migration, often associated with different levels of governance, particularly the supranational and the national, and different values, particularly those of tolerance and intolerance vis-à-vis the “migrant other.” While the illusion of “EUropean” and “un-EUropean” ways of governing migration is meant to be kept intact, not least through a recoding of antimigrant violence, a closer look reveals the deep entanglement of forms of migration governance that has given rise to a thoroughly EUropean border regime. This article points to the need to develop a new conceptual vocabulary in order to capture the EUropeanness of the border.

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