Search results for "Union"

The International Court of Justice and International Environmental Law

2013

The jurisprudence of the ICJ on environmental issues has increased significantly in recent years. Although some environmental cases were frustrated, either by the discontinuance of the proceedings by the Parties or because the Court found that it lacked jurisdiction on the merits, an Advisory opinion and several Judgments have already been delivered by the Court. Overall, the contribution of the Court to international environmental law is still modest, in spite of its pronouncements affirming the obligation of States to protect the environment, to prevent transboundary harm to other States or areas beyond national jurisdiction, and to carry out an environmental impact assessment before pote…

The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises

2019

EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…

Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union

2007

Agenda Setting in the European Commission: How the European Commission Structure and Influence the EU Agenda

2013

Analysing the prosperity gap: the economic, legal, and political challenges facing the EU

2018

Democratic Legitimacy and the Court of Justice of the European Union

2016

The chapter on democratic legitimacy and the Court of Justice of the European Union (CJEU) focuses on whether the CJEU through judicial activism may be claimed to have established its jurisprudence beyond the bounds of democratic legitimacy. Judicial activism has to a large extent been found in cases concerning the prerogatives of the CJEU, while in relation to other issues, such as the application of fundamental rights, the CJEU has demonstrated political awareness in its use of judicial activism, which however has diminished legal certainty. In general the CJEU has acted within the bounds of democratic legitimacy, but further clarification of its jurisprudence in controversial areas may b…

Harmonization of Insurance Supervisory Law

2015

This chapter addresses the fundamental issue of what degree of harmonization applies in the Solvency II system. Distinguishing among the several degrees of harmonization—minimum harmonization, maximum harmonization, and full harmonization—leads to the conclusion that the Solvency II Directive has full harmonization as its objective. This has two important ramifications: First, the Solvency II Directive requires that any insurance supervisory regime implementation by the respective national legislators must completely align with the European insurance supervisory regime. Second, a system of full harmonization prohibits national legislators from unilaterally enacting additional measures not p…

The Concept of Worker in European Union Law and Its Application to the New Economic Realities. Is the Reasoned Order of the CJEU in the Case of Food …

2020

The complex interpretation of the concept of worker for European Union law has been caught up, as it could not be otherwise, with the question of digital platforms and the new way of organising labour. In this work, the CJEU's Reasoned Order will be analysed, where for the first time an approach is made to the subject of the concept of worker applied to digital platforms in the field of Union law.

Understanding the Consequences of Accounting Standards in Europe: The Role of EFRAG

2012

The global financial crisis has accelerated the need for standard-setters to demonstrate that they understand the effects of the accounting standards they are setting. Within a European context, the endorsement process and the ultimate adoption of new and amended International Financial Reporting Standards into European Union law demand that there is evidence to support the assertion that such standards will improve financial reporting. Our analysis is anchored in the ideology theory of regulation which provides a compelling case for effect analysis to underpin the standard-setting process. For that process to work effectively, a number of key actors need to engage in the process. According…

European Union Protection System

2014

Traditionally, the EU law (characterised as acquis communautaire) is divided into the primary law and the secondary law. This distinction of the EU law is not based on a hierarchy of norms but, as it is justly admitted in the legal literature, on sources: if the EU primary law originates from the EU Member States as ‘Masters of the Treaty’, the EU secondary law—directly from EU institutions. In the case of IGOs (as well as other IP objects such as trade marks, designs, patents, and plant variety rights), their regulation is ensured both by the EU primary law and the EU secondary law which will be reviewed separately in Part II of the book.