scholarly journals The Use of English Before Swiss Courts: The Current Debate

sui generis ◽  
2020 ◽  
Author(s):  
Lorenz Raess
Keyword(s):  
Civil Procedure ◽  
Current Debate ◽  
Standard Language ◽  
Present Contribution ◽  
Political Issue ◽  
Procedure Code ◽  
International Private Law ◽  
The Uk ◽  
Commercial Courts ◽  
The Eu

In the aftermath of the Brexit referendum in 2016 and the withdrawal of the UK from the EU on 31 January 2020, several jurisdictions established so-called «international commercial courts», at which English is the standard language. Thus far, there have been few such initiatives in Switzerland. However, according to the ongoing revisions to both the Federal Act on International Private Law and the Swiss Civil Procedure Code, it is intended to allow the use of English in certain situations. Unsurprisingly, this has given rise to a wideranging debate in multilingual Switzerland. The present contribution outlines this discussion and proposes several practical solutions on how to deal with this delicate political issue.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

scholarly journals ‘Winning Back Control’: Migration, Borders and Visions of Political Community

2021 ◽  
pp. 002088172110020
Author(s):  
Oliver Schmidtke
Keyword(s):  
Policy Formation ◽  
Political Community ◽  
The European Union ◽  
Political Issue ◽  
Cross Border ◽  
Major Reform ◽  
Key Issues ◽  
The Uk ◽  
Integration Project ◽  
The Eu

This article focuses on the governance of migration and borders as key issues of Brexit in a dual sense: as a contested political issue centrally fueling the Brexit debates and as an area of policy formation. First, the article addresses how Brexit has changed free movement as a key principle of the European integration project and transformed cross-border mobility between the European Union (EU) and the UK in a post-Brexit European border regime. Second, it discusses how the politicization of migration during the Brexit campaign has accentuated competing visions of political community. With a view to the effects of Brexit on the governance of migration and borders in Europe, the article demonstrates how the Brexit debates have emphasized the prominence of exclusionary nationalism, while they have simultaneously created new opportunities for the EU to launch a major reform of its migration and asylum policies.

scholarly journals Brexit and the Differentiated European (Dis)Integration

2020 ◽  
Vol 42 (3) ◽  
pp. 621-646
Author(s):  
Angélica Szucko
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Fundamental Principle ◽  
Current Debate ◽  
The European Union ◽  
Integration Model ◽  
Differentiated Integration ◽  
The Uk ◽  
Eu Project ◽  
The Eu

Abstract On 25 March 2017, the European Union celebrated the 60th anniversary of the Treaties of Rome, which established ‘an ever-closer union’ as a fundamental principle for European regional integration. Only four days later, the United Kingdom delivered an official letter triggering its withdrawal process from the Community. How could we comprehend Brexit integrative and disintegrative dynamics to the EU? The UK’s decision to leave the EU alongside recent crises in the Community and the spread of Eurosceptic movements fostered studies about disintegration dynamics. This article presents the current debate about differentiated (dis)integration based on up-to-date related literature. Next, it proposes a framework to assess the recent shifts in the UK-EU relationship and its contradictory effects on the EU project. The main argument of the paper is that the UK’s relationship with the European Union moved from an internal differentiated integration to a proposal of internal differentiated disintegration and, thereafter, to a process of external differentiated disintegration. Moreover, although Brexit means disintegration by one Member State, its effects on the EU project are mixed, initially promoting an integrative boom among the EU27 members, while at the same time neglecting disintegrating forces that could undermine the traditional European integration model.

The EU and the Matter of Concerted Acting Die EU und die Frage einverständlichen Handelns La UE et la question de l'action concertée

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Data Protection ◽  
Linguistic Diversity ◽  
Civil Procedure ◽  
Private Law ◽  
Concerted Action ◽  
Member States ◽  
International Private Law ◽  
Economic Relationship ◽  
The Eu

The linguistic diversity of this volume's contributions, combined with the elaboration of positive examples regarding concerted actions – in spite of all crises! – between the member states, pays a unique tribute to the fact that the goal of concerted acting was already aimed at in the preamble to the EEC treaty. Relevant and contemporary examples prove that such a path may be the proper answer, if not a counter-programme to the various EU crises. These examples concern a number of political and legal fields; in particular, they relate to elements of international private law, criminal law, civil procedure law, passenger rights and data protection. Such concerted action is also dealt with in relation to the Union's external presence, in particular its economic relationship with the AU. With contributions by Dimitrios Parashu, Rita Abood, Luisa Volkhausen, Daniel Sliwiok-Born, Brou Séraphin Yoboué, David Erhardt and Jonathan Stoklas.

scholarly journals The EU financial transactions tax: Antecedents and current debate

2013 ◽  
Vol 60 (3) ◽  
pp. 311-321 ◽  
Author(s):  
Yiannis Kitromilides ◽  
Ana González
Keyword(s):  
Financial Sector ◽  
Current Debate ◽  
Tobin Tax ◽  
Cross Border ◽  
Tax Systems ◽  
Global Coordination ◽  
National Tax ◽  
The Uk ◽  
Financial Transactions ◽  
The Eu

The paper deals with the development of the Financial Transactions Tax (FTT) policy idea and its feasibility in the absence of global coordination. New taxes are evaluated in terms of how they fit into existing national tax systems. Increasingly, however, cross-border issues assume greater significance in tax design and this is particularly pertinent in the case of FTT which has a long history. The various changes in tax systems and the economic environments within which they operate since the original ?Tobin Tax? proposal are noted and the way they affect the debate on FTT are discussed. The proposal to introduce a unilateral FTT in the EU and its feasibility are examined. In terms of achieving its fundamental objectives the feasibility of the tax is crucial unless, as may be the case in the UK, the need to rebalance the economy away from the financial sector is a more urgent priority.

Die Gerichtsstandvereinbarung zwischen ZPO, EuGVVO und HGÜ

2019 ◽  
Author(s):  
Kai Stefan Danelzik
Keyword(s):  
European Union ◽  
Civil Procedure ◽  
The European Union ◽  
Legal Certainty ◽  
Reform Proposal ◽  
European Directive ◽  
Eu Directive ◽  
Procedure Code ◽  
Area Of Application ◽  
The Eu

For most companies, choice of court agreements are one of the most important legal instruments, with the result that legal certainty and transparency are essential for the functioning of (international) choice of court agreements. This study deals in detail with the legal bases relevant to choice of court agreements and the problems of demarcation that arise with regard to the different constellations of choice of court agreements in international legal relations. The analysis the study conducts shows that with regard to the priority of applying the EU Directive 44/2001 over the German civil procedure code (ZPO), hardly any conceivable area of application for the German ZPO remains. Accordingly, against the background of the results found, the study makes a reform proposal which largely aligns the ZPO with the aforementioned European Directive in order to avoid legal uncertainty and to harmonise the law on choice of court agreements within the European Union.

On the Future of the Financial Redistribution across Member States in the EU

2006 ◽  
Vol 56 (1) ◽  
pp. 1-43
Author(s):  
Sándor Richter
Keyword(s):  
Value Added ◽  
The Other ◽  
Current Debate ◽  
Member States ◽  
New Member States ◽  
Financial Position ◽  
Cross Member ◽  
Expenditure Structure ◽  
The Eu ◽  
Made In

The order and modalities of cross-member state redistribution as well as the net financial position of the member states are one of the most widely discussed aspects of European integration. The paper addresses selected issues in the current debate on the EU budget for the period 2007 to 2013 and introduces four scenarios. The first is identical to the European Commission's proposal; the second is based on reducing the budget to 1% of the EU's GNI, as proposed by the six net-payer countries, while maintaining the expenditure structure of the Commission's proposal. The next two scenarios represent radical reforms: one of them also features a '1% EU GNI'; however, the expenditures for providing 'EU-wide value-added' are left unchanged and it is envisaged that the requisite cuts will be made in the expenditures earmarked for cohesion. The other reform scenario is different from the former one in that the cohesion-related expenditures are left unchanged and the expenditures for providing 'EU-wide value-added' are reduced. After the comparison of the various scenarios, the allocation of transfers to the new member states in terms of the conditions prevailing in the different scenarios is analysed.

Commentary to the Civil Procedure Code of the Russian Federation (continuation)

2017 ◽  
Vol 7 (2) ◽  
pp. 73-111
Author(s):  
M.R. Zagidullin ◽  
◽  
I.V. IReshetnikova ◽  
R.B. Sitdikov ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Procedure Code ◽  
The Russian Federation
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