scholarly journals THE ISSUE OF THE ULTRA VIRES PRINCIPLE IN TURKISH COMPANY LAW: HAS IT BEEN ABOLISHED OR JUST HIDDEN?

2020 ◽  
pp. 359-375
Author(s):  
Mustafa Yasan
Keyword(s):  
Legal System ◽  
Company Law ◽  
European Law ◽  
Law System ◽  
Eu Directives ◽  
The Uk ◽  
Human Specific ◽  
The Eu

The Turkish Code of Commerce (TCC) numbered 6102 contains numerous radical regulations as reforms in the Turkish company law. One of these provi­sions is the TCC A.125 which regulates the capacity of commercial companies to have rights and obligations. This article deals with the ultra vires principle which was transferred to the Continental European law system, including the Turkish legislation from the UK law system. The ultra vires principle had previously ex­pired in the continental European legal system (in particular the Swiss Code of Obligations) which has inspired the TCC as a referring codification. As a result of these developments by the TCC A.125, in contrast to the ultra vires principle, commercial companies are allowed to be entitled and liable for all kinds of mat­ters, except those which are human-specific. For this reason, companies’ legal per­sonalities may have the capacity to have rights and obligations in matters other than their fields of operation. In other words, thanks to the TCC A.135, the ultra vires principle has been abandoned. It can be assumed that harmonization be­tween the TCC and the EU directives has been achieved in the sense of abolishing the ultra vires principle. However, when several provisions randomly scattered in the TCC are taken into consideration, it is obviously seen that the legislator still accepts the field of operation issue as a criterion in about 20 articles. This leads to a question about the actual abolishment of the ultra vires principle. To put it brief­ly, the legislator’s choice in the new company law regime shows that the TCC has not abandoned the ultra vires principle completely, but it still retains its validity in a hidden way by only changing its form and scope.

Micula v Romania between International Investment Law and European Law – The UK Supreme Court Judgement – the Final or the NEXT PIece of the Puzzle?

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  
Keyword(s):  
Supreme Court ◽  
International Investment ◽  
European Law ◽  
Eu Law ◽  
International Investment Law ◽  
Investment Treaty ◽  
Investment Law ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Eu

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

Part A Regulatory Matters, 2 EU Banking Law

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Banking Regulation ◽  
Free Movement ◽  
Member States ◽  
Banking Services ◽  
Home State ◽  
Eu Directives ◽  
The Uk ◽  
The Right ◽  
Free Movement Of Capital ◽  
The Eu

This chapter discusses EU banking law, which has significantly influenced banking regulation in the UK. It covers the background to the EU Directives in the field of banking law; deposit-taking prohibition; the authorization process; the relevance of the freedoms created by the EU Treaties; the right to establish a branch in other Member States; the right to provide services in other Member States; the provision of banking services from within an institution's home State; the free movement of capital and banking services; and a Commission Interpretative Communication on territoriality questions arising in the field of EU banking law.

scholarly journals Health and Safety at Work in Switzerland

AAOHN Journal ◽  
2000 ◽  
Vol 48 (4) ◽  
pp. 161-170
Author(s):  
Iren Bischofberger
Keyword(s):  
Occupational Health ◽  
Legal System ◽  
Role Model ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Careful Consideration ◽  
Member States ◽  
Swiss Health ◽  
Eu Directives ◽  
The Eu

Switzerland, surrounded by European Union (EU) member states, rejected a 1992 referendum to join the European Economic Communities (EEC), which currently includes 15 member states. As a result, the country has had difficulties resolving economic issues with health and safety interests. This study analyzed the consequences of selected EU Directives of Health and Safety at Work in a country that chose not to join the EU. The Directives went into effect throughout the entire EU in 1993. Executive directors and safety advisors from the Swiss company “Migros” participated in a two round Delphi survey focused on timing, feelings, and preference of the legal system in relation to the EU, prioritizing selected EU directives, and implementing health and safety concepts. The results showed the effects of the Directives (although not legally required) demand careful consideration particularly in terms of the timing of the implementation and the priorities of the Swiss health and safety legal system. The two professional groups involved showed congruent opinions on several questions, presenting a solid foundation for planning common action. In conclusion, the growing awareness of occupational health and safety aspects observed during the survey should be pursued among all Migros key staff in decision making positions in occupational safety and health. In this way, Migros could serve as a role model in the occupational health and safety field, much as it has long been recognized as a pioneer in funding social causes throughout Swiss society.

15. Review of Legality: Access

EU Law ◽  
2020 ◽  
pp. 540-575
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6). The UK version contains a further section analysing the relevance of legal challenge to EU norms in relation to the UK post-Brexit.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
Legal System ◽  
Working Relationship ◽  
Eu Law ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

The Icesave Dispute in the Aftermath of the Icelandic Financial Crisis: Revisiting the Principles of State Liability, Prohibition of State Aid and Non-discrimination in European Law

2011 ◽  
Vol 2 (3) ◽  
pp. 356-372 ◽  
Author(s):  
Maria Elvira Méndez-Pinedo
Keyword(s):  
Financial Crisis ◽  
The Netherlands ◽  
State Aid ◽  
European Law ◽  
Cross Border ◽  
Border Dispute ◽  
State Liability ◽  
The Uk ◽  
Bank Collapse ◽  
The Eu

This study focuses on the Icesave dispute and Icesave agreements between Iceland, the UK and The Netherlands in the light of European law (EU and EEA law) and explores two main issues: 1) the State liability for breaches of EU/EEA law on the basis of Directive 94/19/EC following a systemic bank collapse in Iceland; and 2) the principle of non-discriminatory interplay between the nationalisation of Icelandic banks (State aid) and the payment of the minimum guarantee of €20.887 to depositors of Icesave accounts in the branches of Landsbanki in the UK and The Netherlands. This dispute was handled through diplomatic negotiations. The author is highly critical of the methodology followed. This cross-border dispute brought to light new complex problems in a grey area of European law which should have been brought before the highest European courts. Icesave also seems to have turned Icelanders against the process of European integration and the EU.

The Israeli Legal System

2019 ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal System ◽  
Tort Law ◽  
Company Law ◽  
Tax Law ◽  
Private International Law ◽  
Management Consultants ◽  
System P ◽  
The Eu

This Volume offers an introduction to Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, especially: history and legal sources of Israeli law constitutional law tort law intellectual property law trusts and antitrust law company law labour and tax law family law criminal Law private international law Israel and the EU Israel and international law The authors are specialists in their respective fields and teach at renowned Israeli universities. The volume is highly recommended for students, trainees, but also for lawyers, tax and management consultants, practitioners in business, administration, justice, media and anyone else who comes into contact with Israeli law.

scholarly journals Zasady techniki prawodawczej w Polsce i Unii Europejskiej

2017 ◽  
Vol 105 ◽  
pp. 193-208
Author(s):  
Kamil Stępniak
Keyword(s):  
European Union ◽  
Prime Minister ◽  
European Law ◽  
The European Union ◽  
Dual Systems ◽  
European Union Law ◽  
Eu Directives ◽  
Polish Law ◽  
The Eu

THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore,  distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.

Sign in / Sign up

Export Citation Format

Share Document