scholarly journals La promesa de hecho ajeno: cuestiones de competencia judicial internacional en la Unión Europea = The promise of a third party´s fact: issues of international judicial competence in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 841
Author(s):  
Gabriel Mengual Pujante
Keyword(s):  
European Union ◽  
Third Party ◽  
Private Law ◽  
The European Union ◽  
Provision Of Services ◽  
Brussels Regulation ◽  
The Eu

Resumen: La promesa de hecho ajeno es una modalidad contractual ampliamente conocida en la Unión Europa y, a su vez, paradigma de uno de los principios fundamentales del Derecho privado: la relatividad de los contratos. Desde una perspectiva axiológica y práctica, el operador jurídico debe conocer el escenario que puede devengarse en un supuesto internacional. Por ello, resulta oportuno trazar una aproximación al sector de la competencia judicial internacional en el Derecho Internacional Privado de la UE.Palabras clave: promesa de hecho ajeno, relatividad de los contratos, Reglamento Bruselas I-bis, contrato de prestación de servicios, competencia judicial internacional.Abstract: The promise of a third party´s fact is a contractual modality widely known in the European Union and, in turn, paradigm of one of the fundamental principles of private law: the relativity of contracts. From an axiological and practical perspective, the legal operator must know the landscape that may arise in an international case. For this reason, it is appropriate to draw an approximation to the sector of the international judicial competence in the EU Private International Law.Keywords: promise of a third party´s fact, relativity of contracts, Brussels Regulation I-bis, contract for the provision of services, international judicial competence.

scholarly journals Federico Ortino

2018 ◽  
Vol 112 ◽  
pp. 67-68
Author(s):  
Federico Ortino
Keyword(s):  
European Union ◽  
Market Access ◽  
Trade Agreement ◽  
The United States ◽  
Third Party ◽  
The European Union ◽  
National Treatment ◽  
Investment Protection ◽  
Investment Treaties ◽  
The Eu

Even when it comes to investment, despite appearances to the contrary, it does not seem to me that there is a shift to the non-discrimination principle. First, there is no doubt that absolute standards such as fair and equitable treatment or the provision on expropriation have by far overshadowed the relative standards, in particular national treatment. Second, while the MFN standard has, on the other hand, been a key provision in investment treaty arbitration, particularly as an instrument to expand the scope of the ISDS system (based on more favorable provisions found in third-party treaties), there are clear signs in recent investment treaties of the willingness to curtail the use of the MFN provision as a way to extend the procedural and substantive protections of investors. This seems to be the current position, for example, of both the United States and the European Union (EU). Third, when it comes to the apparent disappearance of the absolute standards of treatment in some of the treaties being negotiated by the European Union (such as with Japan), this is more simply due to a question of the nature of the EU external competence in commercial matters. In its recent opinion on the EU-Singapore FTA, the Court of Justice of the EU has determined that the EU does not have exclusive competence to conclude agreements covering non-FDI and ISDS. The EU has thus responded to such opinion by splitting investment protection (with ISDS) from the rest of the trade agreement, thus keeping investment liberalization (including market access and national treatment) in the latter. In this way, while the trade agreement will fall under the exclusive competence of the EU, the former will still require ratification by each member state. While it is not clear whether the backlash vis-à-vis investment protection and ISDS in some quarters within some of the member states will eventually lead to the end of EU investment treaties, a decision in this sense has not yet been taken by EU institutions.

Policing Maastricht

1997 ◽  
Vol 70 (1) ◽  
pp. 49-53
Author(s):  
N.S.J. Baxter
Keyword(s):  
European Union ◽  
Security Policy ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Foreign And Security Policy ◽  
Free Movement Of Persons ◽  
New Community ◽  
The Eu

In February 1992 the Treaty of European Union was signed at Maastricht. It committed member States to new Community goals which included increasing government cooperation in the fields of foreign and security policy along with justice and home affairs (Steiner, 1994). The following “pillars” to develop the Union were identified. First of all, the protection of the rights and interests of people was strengthened by introducing citizenship of the European Union (EU); secondly a commitment was made to implement a common foreign and security policy indicated a movement towards a common defence of the Union against third party States. The third pillar seeks to facilitate the free movement of persons, while ensuring their safety and security through member States, by working closely in the areas of justice and home affairs (Benyon et al, 1993). It is this latter aspect which has implications for policing within the EU.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)

2020 ◽  
Vol 26 ◽  
pp. 223-236
Author(s):  
Witold Kurowski
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Third ◽  
Common Opinion ◽  
The Law ◽  
The Third Party ◽  
Rome I ◽  
The Eu

The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).

scholarly journals The Brexit Fiasco and the Failure of Article 50 of the Treaty on the Functioning of the European Union

2019 ◽  
Vol 12 (1) ◽  
pp. 172-192 ◽  
Author(s):  
Mitja Kovac
Keyword(s):  
European Union ◽  
Civil Liberties ◽  
Third Party ◽  
Alternative View ◽  
The European Union ◽  
Reasonable Time ◽  
Time Period ◽  
Article 50 ◽  
Third Party Dispute Resolution ◽  
The Eu

Abstract Modern game theory and the economic theory of federalism may offer an alternative view on the Brexit fiasco, in which the British government should not bear exclusive responsibility for current disaster. Moreover, the design of Article 50 of the Treaty on the Functioning of the European Union (TFEU) contains an intrinsic dysfunctional mechanism that generates irrational strategies. Article 50 is underdeveloped and should be redrafted. The two-year deadline provision should be replaced with a reasonable time period and should provide for a third-party dispute resolution mechanism in instances where free negotiations between the EU and the withdrawing Member State in the reasonable time period fail to achieve a winwin solution. This article also argues that the current sub-optimal institutional framework on the vertical and horizontal division of competences might be an additional generator of Euroscepticism. In order to prevent the decline of public support the EU should do less in current fields and should do much more in fields where it failed to exercise its authority and which cannot be addressed effectively at the local levels. The EU should redesign itself as an institution that mitigates broad potential sources of negative externalities, reinforcing the rule of law, protecting liberal democracy with all related civil liberties, reinforcing its political-global dimension, protecting its common cultural heritage, and combating destructive nationalisms, isolationisms and cultural introspections.

scholarly journals Quality Assurance in Environmental Technology Verification (ETV): Analysis and Impact on the EU ETV Pilot Programme Performance

2018 ◽  
Vol 26 (1) ◽  
pp. 49-54
Author(s):  
Michał Molenda ◽  
Izabela Ratman-Kłosińska
Keyword(s):  
European Union ◽  
European Commission ◽  
Third Party ◽  
The European Union ◽  
Environmental Technology ◽  
Pilot Programme ◽  
Track Record ◽  
Environmental Technologies ◽  
Set Up ◽  
The Eu

Abstract Many innovative environmental technologies never reach the market because they are new and cannot demonstrate a successful track record of previous applications. This fact is a serious obstacle on their way to the market. Lack of credible data on the performance of a technology causes mistrust of investors in innovations, especially from public sector, who seek effective solutions however without compromising the technical and financial risks associated with their implementation. Environmental technology verification (ETV) offers a credible, robust and transparent process that results in a third party confirmation of the claims made by the providers about the performance of the novel environmental technologies. Verifications of performance are supported by high quality, independent test data. In that way ETV as a tool helps establish vendor credibility and buyer confidence. Several countries across the world have implemented ETV in the form of national or regional programmes. ETV in the European Union was implemented as a voluntary scheme if a form of a pilot programme. The European Commission launched the Environmental Technology Pilot Programme of the European Union (EU ETV) in 2011. The paper describes the European model of ETV set up and put to operation under the Pilot Programme of Environmental Technologies Verification of the European Union. The goal, objectives, technological scope, involved entities are presented. An attempt has been made to summarise the results of the EU ETV scheme performance available for the period of 2012 when the programme has become fully operational until the first half of 2016. The study was aimed at analysing the overall organisation and efficiency of the EU ETV Pilot Programme. The study was based on the analysis of the documents the operation of the EU ETV system. For this purpose, a relevant statistical analysis of the data on the performance of the EU ETV system provided by the European Commission was carried out.

Building Good (Enough) Governance in Postconflict Societies & Areas of Limited Statehood: The European Union & the Western Balkans

Daedalus ◽  
2018 ◽  
Vol 147 (1) ◽  
pp. 116-127 ◽  
Author(s):  
Tanja A. Börzel ◽  
Sonja Grimm
Keyword(s):  
European Union ◽  
Good Governance ◽  
Third Party ◽  
Reform Process ◽  
The European Union ◽  
Western Balkans ◽  
External Good ◽  
Conflicting Objectives ◽  
Policy Objectives ◽  
The Eu

In this essay, we assess how the European Union supports the development of postconflict Western Balkan societies toward stable peace, economic prosperity, and consolidated democracy, moving them along the path to Denmark. Our analysis reveals that the EU has contributed to effective and democratic governance in its southeastern neighborhood. At the same time, its effectiveness as an external good governance–builder varies. Structural postconflict conditions that are not conducive to democratization, conflicting policy objectives, the dynamic interplay between the EU and Western Balkan governments, and the involvement of domestic third-party actors in the reform process explain this variation. To make EU good governance–building more effective, we recommend acknowledging conflicting objectives and using governance-building instruments consistently and credibly to reconceptualize external good governance–building as a dynamic process between external and domestic actors and to take domestic actors and their preferences seriously.

scholarly journals The electronic commerce legal regulation features within the European Union

1970 ◽  
pp. 410-417
Author(s):  
Kirill Pashkov
Keyword(s):  
European Union ◽  
Electronic Commerce ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Internal Market ◽  
Information Services ◽  
Third Party ◽  
The European Union ◽  
Business Entities ◽  
The Eu

Considering that improving access to digital goods and services, creating an environment where digital networks and services can thrive, positioning of digitalization as the driving force of everything new, it becomes clear that an e-commerce legal platform of EU business entities activity will soon be subject to review in the EU and in connection with this fact, the study of the features of modern legal regulation of electronic commerce within the EU becomes both theoretical and practical relevance and significance.          The article deals with the peculiarities of legal regulation of electronic commerce within the European Union. The author of the article has analyzed in detail the legal framework and the legal norms that regulate the implementation of e-commerce in the EU and which have the greatest impact on the implementation of foreign economic activity. These norms were grouped in three directions: 1) norms that set the country of origin principle; 2) rules that recognize the legal force of electronic contracts and regulate the procedure for their conclusion; 3) rules that limit the liability of third party content providers. For this research, an analysis of secondary law of the European Union governing the conduct of electronic commerce within the Union has been carried out. Particular attention is paid to the study of the provisions of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information services, in particular e-commerce, in the internal market, namely, on the internal market, aimed at promoting the development of the EU information services market in the EU, on the principles of the conclusion of electronic agreements in the EU, a list of the minimum information that the information society service provider must give to the customer in the EU, as well as the provisions minimizing the Internet intermediaries liability for the actions of third parties related to the implementation of electronic commerce.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

Ensuring sustainable foreign economic relations of countries at the forefront and outskirts of the European Union

2020 ◽  
Vol 16 (10) ◽  
pp. 1980-1996
Author(s):  
T.S. Malakhova
Keyword(s):  
European Union ◽  
International Organizations ◽  
Economic Cooperation ◽  
Structure Model ◽  
Methodological Framework ◽  
The European Union ◽  
Early 21St Century ◽  
Economic Relations ◽  
Economic Bloc ◽  
The Eu

Subject. Foreign economic and trade ties among countries are getting tighter and less predictable in the early 21st century. This directly stems from a growing disparity of partners, especially if it goes about their future cooperation as part of integration groups or international organizations. Communities of experts suggest using various approaches to locally adjusting integration phases, especially implementing the two-speed integration in the European Union. Objectives. The study is an attempt to examine an improvement of foreign economic cooperation and suggest its implementation steps for the European Union. This all is due to considerable inner controversies and problems within the EU, which grow more serious year by year. Methods. The methodological framework comprises the historical logic, dialectical principles, scientific abstraction method. The process and system approach was especially important for justifying the implementation of the above steps. It was used to examine foreign economic relations of partners in the European Union. Results. The article sets forth the theoretical and methodological framework for the geostrategic economic bloc, including a conceptual structure model. I present steps to implement a foreign economic cooperation of partners in the EU in terms of its form. Conclusions and Relevance. Should the form of the foreign economic relations among the EU countries be implemented, counties at the periphery of the EU will be able to become active parties to the integration group.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

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