scholarly journals Establishment of a Subsidiary European Company

2020 ◽  
Vol 3 (1) ◽  
pp. 122
Author(s):  
Asen Vodenicharov
Keyword(s):  
European Union ◽  
Organizational Form ◽  
The Other ◽  
The European Union ◽  
European Company ◽  
Business Association ◽  
Registered Office ◽  
Council Regulation ◽  
The One ◽  
The Individual

One of the four exhaustively formulated legal means for the emergence of a European company, Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (Societies Europaea –SE) is the constitution of a Subsidiary European company. Compared to the other legal models for establishing this new organizational form for business association in the company typology within the European Union, the establishment of this particular entity possesses its own specific characteristics. The regulatory framework for the establishment of a Subsidiary European company is of a hybrid legal type. On the one hand, it takes account of the Community Act Regulation. However, in a number of cases the Community Act refers to the national law of the Member State where the company has its registered office under its constitution within the Union, and where its head office is located. The article discusses the legal prerequisites and the individual components of the procedure for the establishment of a Subsidiary European company.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

The EU after Brexit

2020 ◽  
pp. 83-109
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
Fiscal Federalism ◽  
Legal Order ◽  
The Other ◽  
The European Union ◽  
New Horizons ◽  
The One ◽  
Unanimous Approval ◽  
Amendment Procedure ◽  
The Eu

This chapter focuses on the European Union after Brexit and articulates the case for constitutional reforms. Reforms are necessary to address the substantive and institutional shortcomings that patently emerged in the context of Europe’s old and new crises. Moreover, reforms will be compelled by the exigencies of the post-Covid-19 EU recovery, which pushes the EU towards new horizons in terms of fiscal federalism and democratic governance. As a result, the chapter considers both obstacles and opportunities to reform the EU and make it more effective and legitimate. On the one hand, it underlines the difficulties connected to the EU treaty amendment procedure, owing to the requirement of unanimous approval of any treaty change, and the consequential problem of the veto. On the other hand, it emphasizes the increasing practice by Member States to use intergovernmental agreements outside the EU legal order and stresses that these have set new rules on their entry into force which overcome state veto, suggesting that this is now a precedent to consider.

Euro-Centrism vs. International Thinking

2006 ◽  
Vol 12 ◽  
pp. 12-14
Author(s):  
Stefan Fersterer
Keyword(s):  
European Union ◽  
The Other ◽  
European Identity ◽  
The European Union ◽  
Other Hand ◽  
Familiar Environment ◽  
The One ◽  
European Citizen

If European people are asked to answer the question, “Which of your different identities has the highest rank in your personal sense: the local, the national or the European?”, a high percentage rate would definitely still report to the two former and only a minority would define themselves primarily as an European citizen. This is no surprise. On the one hand, one defines its identity through that origin, with which he or she has the strongest relation. On the other hand it is extremely difficult for a huge and often aloof entity like the European Union to develop a common European identity that evokes those impressions and sentiments that people combine with their familiar environment.

Israel and the European Union

2019 ◽  
Author(s):  
Sharon Pardo
Keyword(s):  
European Union ◽  
Middle East ◽  
The Other ◽  
The Political ◽  
The European Union ◽  
Trade Relations ◽  
History Of ◽  
The One ◽  
Integration Project ◽  
The Eu

Israeli-European Union (EU) relations have consisted of a number of conflicting trends that have resulted in the emergence of a highly problematic and volatile relationship: one characterized by a strong and ever-increasing network of economic, cultural, and personal ties, yet marked, at the political level, by disappointment, bitterness, and anger. On the one hand, Israel has displayed a genuine desire to strengthen its ties with the EU and to be included as part of the European integration project. On the other hand, Israelis are deeply suspicious of the Union’s policies and are untrusting of the Union’s intentions toward the Israeli-Palestinian conflict and to the Middle East as a whole. As a result, Israel has been determined to minimize the EU’s role in the Middle East peace process (MEPP), and to deny it any direct involvement in the negotiations with the Palestinians. The article summarizes some key developments in Israeli-European Community (EC)/EU relations since 1957: the Israeli (re)turn to Europe in the late 1950s; EC-Israeli economic and trade relations; the 1980 Venice Declaration and the EC/EU involvement in the MEPP; EU-Israeli relations in a regional/Mediterranean context; the question of Israeli settlements’ products entering free of duty to the European Common Market; EU-Israeli relations in the age of the European Neighbourhood Policy (ENP); the failed attempt to upgrade EU-Israeli relations between the years 2007 and 2014; and the Union’s prohibition on EU funding to Israeli entities beyond the 1967 borders. By discussing the history of this uneasy relationship, the article further offers insights into how the EU is actually judged as a global-normative actor by Israelis.

‘But the Last Word Is Ours’: The Monopoly of Jurisdiction of the Court of Justice of the European Union in Light of the Investment Court System

2019 ◽  
Vol 30 (4) ◽  
pp. 1187-1220
Author(s):  
Francisco de Abreu Duarte
Keyword(s):  
European Union ◽  
General Framework ◽  
External Action ◽  
The Other ◽  
Court System ◽  
The European Union ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU’s external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.

scholarly journals The politics of embedding and the right to remain in post-Brexit Britain

Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Kingdom ◽  
Union Membership ◽  
The Other ◽  
The European Union ◽  
The United Kingdom ◽  
Sense Of Security ◽  
The One ◽  
The Right

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.

The European Union and translation studies

2013 ◽  
Vol 2 ◽  
pp. 63-80
Author(s):  
Alice Leal
Keyword(s):  
European Union ◽  
Sense Of Self ◽  
Translation Studies ◽  
The Other ◽  
The European Union ◽  
Lingua Franca ◽  
Crucial Element ◽  
The One ◽  
Similar Dynamic ◽  
The Eu

The tension between unity versus multiplicity seems to be at the heart of the European Union (EU) and of translation studies (TS). Indeed, a significant parallel between the two is the use of English as a lingua franca (ELF). The EU appears to be torn between a notion of language as a crucial element of one’s identity on the one hand, and a predominantly instrumental, Lockean view of language, on the other. A similar dynamic appears to take place in TS, an area that is par excellence heterogeneous and in which the notion of difference plays a paramount role. Indeed, at times TS appears to be afflicted by a sense of self-consciousness regarding its lack of unity and homogeneity. According to some, the solution is to foster the standardisation of its methods and terminology. But would proposing standardised terminology in a standardised language for the area not inevitably entail repressing different approaches in different languages? The paper explores this question in the context of the use of English as a lingua franca, and proposes various ways out of the dilemma both for the EU and TS.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

scholarly journals Economic and Political Aspects of the Serbia — EAEU Free Trade Area

2021 ◽  
Vol 14 (2) ◽  
pp. 120-131
Author(s):  
A. V. Toropygin
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Free Trade ◽  
Soft Power ◽  
Free Trade Area ◽  
The Other ◽  
The European Union ◽  
Economic Interests ◽  
Trade Area ◽  
The One

The article is devoted to the analysis of the Serbia — EAEU relations development through the prism of the Agreement on the Free Trade Area (FTA) — between the integration association and the separate economy / country. The purpose of this study is to identify the prospects of the FTA taking into account Serbia’s desire to integrate into the European Union. The author come to the conclusion that intensive interaction, primarily between Serbia and Russia through the FTA between Serbia and the EAEU, is explained, on the one hand, by Serbia’s multi-vector foreign policy, and, on the other hand, by Russia’s attentive attitude to the course of the conflict over Kosovo. Russia has economic interests in this region, as well as the region is people-related value for Russia within which it has used and will intensively utilize of soft power mechanisms.

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