bluuebunny/crossref_metadata_2025 huggingface dataset:
Article 127 TFEU
Authors: Flynn Leo
Published: March 2021

Article 105 EC The primary objective of the European System of Central Banks (hereinafter referred to as ‘the ESCB’) shall be to maintain price stability. Without prejudice to the objective of price stability, the ESCB shall support the general economic policies in the Union with a view to contributing to the achievement of the objectives of the Union as laid down in Article 3 of the Treaty on European Union. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 119.
Article 129 TFEU
Authors: Flynn Leo
Published: March 2021

Article 107 EC The ESCB shall be governed by the decision-making bodies of the European Central Bank which shall be the Governing Council and the Executive Board.
Article 132 TFEU
Authors: Flynn Leo
Published: March 2021

Article 110 EC In order to carry out the tasks entrusted to the ESCB, the European Central Bank shall, in accordance with the provisions of the Treaties and under the conditions laid down in the Statute of the ESCB and of the ECB.
Article 138 TFEU
Authors: Flynn Leo
Published: March 2021

Article 111(4) EC In order to secure the euro’s place in the international monetary system, the Council, on a proposal from the Commission, shall adopt a decision establishing common positions on matters of particular interest for economic and monetary union within the competent international financial institutions and conferences. The Council shall act after consulting the European Central Bank.
Article 140 TFEU
Authors: Flynn Leo
Published: March 2021

Articles 121(1), 122(2), second sentence, and 123(5) EC At least once every two years, or at the request of a Member State with a derogation, the Commission and the European Central Bank shall report to the Council on the progress made by the Member States with a derogation in fulfilling their obligations regarding the achievement of economic and monetary union. These reports shall include an examination of the compatibility between the national legislation of each of these Member States, including the statutes of its national central bank, and Articles 130 and 131 and the Statute of the ESCB and of the ECB. The reports shall also examine the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State.
Article 147 TFEU
Authors: Garben Sacha
Published: March 2021

Article 126 EC The Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of the Member States shall be respected.
Article 150 TFEU
Authors: Garben Sacha
Published: March 2021

Article 130 EC The Council, acting by a simple majority after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies.
Article 153 TFEU
Authors: Garben Sacha
Published: March 2021

Article 137 EC With a view to achieving the objectives of Article 151, the Union shall support and complement the activities of the Member States in the following fields.
Title V General Provisions on the Union’s External Action and Specific Provisions on the Common Foreign and Security Policy
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Title V TEU lays down general provisions on the Union’s external action as well as specific provisions on the CFSP. Chapter 1 of Title V TEU on the general provisions applies to all EU external policies as well as to the external dimension of internal policies. Chapter 2 of Title V TEU applies specifically to CFSP and is further divided into a section on common provisions and a latter section on the CSDP. This structure of the Treaty reveals both the continued duality between CFSP and non-CFSP Union external action as well as a concerted effort to introduce consistency and coherence in Union external action across the board.
Article 182 TFEU
Authors: Garben Sacha
Published: March 2021

Article 166 EC A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee.
Article 185 TFEU
Authors: Garben Sacha
Published: March 2021

Article 169 EC in implementing the multiannual framework programme, the Union may make provision, in agreement with the Member States concerned, for participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes.
Article 201 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 185 EC If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 200(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
Article 203 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 187 EC The Council, acting unanimously on a proposal from the Commission, shall, on the basis of the experience acquired under the association of the countries and territories with the Union and of the principles set out in the Treaties, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Union. Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.
Title I The Union’s External Action
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 205 identifies the principles and provisions laid down in Chapter 1 of Title V TEU as guiding Union action in the international arena. They include inter alia democracy, respect for human rights, and the rule of law.

Article 206 sets out the objectives...
Title V International Agreements
Authors: Erlbacher Friedrich
Published: March 2021

The authors of the ToL have reunited in Title V of Part V rules of a quite distinct nature. Article 216 TFEU contains in its paragraph 1 a newly inserted provision to the effect that the EU may conclude international agreements (IAs). In paragraph 2, it contains the former Article 300(7) EC concerning the legal effect of such agreements on the Union itself and on its MS. From a systematic point of view, its rules would have better fitted in either Part I Title I TFEU (competences) or Part V Title I (general provisions on the EU’s external action).
Article 217 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 310 EC The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure.
Section 1 The European Parliament
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Framework Agreement on relations between the EP and the Commission lays down the political responsibilities of each institution towards the other; lays down rules for the flow of information between them; aims to improve the planning and coordination of the two institutions’ legislative procedures; and provides for rules on the Commission’s participation in parliamentary proceedings.
Article 231 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 198 EC Save as otherwise provided in the Treaties, the European Parliament shall act by a majority of the votes cast.
Article 233 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 200 EC The European Parliament shall discuss in open session the annual general report submitted to it by the Commission.
Article 235 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 235 TFEU forms one of two detailed provisions on the European Council in the Treaties. The first and third subparagraphs of that provision deal with voting in the European Council. The second subparagraph provides that the President of the EP may be invited to be heard by the European Council. The President of the EP is usually invited to address the European Council at the beginning of a summit. The fourth subparagraph provides that the European Council is to be assisted by the GS of the Council, which further demonstrates the proximity between those two institutions.
Section 3 The Council
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 243 confers on the Council the competence to determine the remuneration of the President of the European Council, the President and members of the Commission, the High Representative, the presidents, members and registrars of the Court of Justice, and the SG of the Council.
Article 238 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 205(1) and (2) EC Where it is required to act by a simple majority, the Council shall act by a majority of its component members.
Article 246 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 215 EC Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.
Article 253 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 223 EC The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years, after consultation of the panel provided for in Article 255.
Article 1 TEU
Authors: Klamert Marcus
Published: March 2021

The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
Article 269 TFEU
Authors: Schima Bernhard
Published: March 2021

The Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European Council or by the Council pursuant to Article 7 of the Treaty on European Union solely at the request of the Member State concerned by a determination of the European Council or of the Council and in respect solely of the procedural stipulations contained in that Article.
Article 271 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 237 EC The Court of Justice of the European Union shall, within the limits hereinafter laid down, have jurisdiction in disputes.
Article 279 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 243 EC The Court of Justice of the European Union may in any cases before it prescribe any necessary interim measures.
Section 6 The European Central Bank
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 282 provides for the ESCB, consisting of the ECB together with the NCBs (NCBs). Within the ESCB, the Eurosystem, comprised of the ECB and the NCBs of MS whose currency is the euro, conducts the Union’s monetary policy. The primary objective of the ESCB is to maintain price stability. The ECB is charged with authorizing the use of the euro and is independent in all respects.
Article 289 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

The ordinary legislative procedure shall consist in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a proposal from the Commission. This procedure is defined in Article 294.
Article 297 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 254 EC Legislative acts adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and by the President of the Council.
Article 299 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 256 EC Acts of the Council, the Commission or the European Central Bank which impose a pecuniary obligation on persons other than States, shall be enforceable.
Article 303 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 260 EC The Committee shall elect its chairman and officers from among its members for a term of two and a half years.
Article 304 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 262 EC The Committee shall be consulted by the European Parliament, by the Council or by the Commission where the Treaties so provide. The Committee may be consulted by these institutions in all cases in which they consider it appropriate. It may issue an opinion on its own initiative in cases in which it considers such action appropriate.
Article 305 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 263(2)-(4) EC The number of members of the Committee of the Regions shall not exceed 350. The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee’s composition.
Article 307 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 265 EC The Committee of the Regions shall be consulted by the European Parliament, by the Council or by the Commission where the Treaties so provide and in all other cases, in particular those which concern cross-border cooperation, in which one of these institutions considers it appropriate.
Article 308 TFEU
Authors: Flynn Leo
Published: March 2021

Article 266 EC The European Investment Bank shall have legal personality.
Title II Financial Provisions
Authors: Killmann Bernd-Roland
Published: March 2021

The budget of the Union is not a Union policy in itself, but merely a means to enable the Union to implement its policies and to ensure the functioning of its institutions, bodies, and agencies. Only Article 325 TFEU provides for a self-standing Union policy, namely protection of the Union’s financial interests, including the Union’s budget.
Article 317 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 274 EC The Commission shall implement the budget in cooperation with the Member States, in accordance with the provisions of the regulations made pursuant to Article 322, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.
Article 330 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b, and 43 to 45 TEU and ex Articles 11 and 11a EC All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote.
Article 40 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 47 TEU The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union.
Article 347 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 297 EC Member States shall consult each other with a view to taking together the steps needed to prevent the functioning of the internal market being affected by measures which a Member State may be called upon to take in the event of serious internal disturbances affecting the maintenance of law and order, in the event of war, serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 354 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 309 EC For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article.
Section 2 Provisions on the Common Security and Defence Policy
Authors: Ramopoulos Thomas
Published: March 2021

It is necessary to see the CSDP section in the context of the historical development of this integral but specific aspect of CFSP. Such an approach allows to comprehend fully the significant extension of the security and defence component of the EU in the course of the different Treaty reforms as well as to grasp its exact meaning and limitations. The current Section 2 of Chapter 2 of Title V TEU is the result of a long process that started with the failed European Defence Community (EDC) in 1952.
Article 7 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to respect for his or her private and family life, home and communications.
Article 12 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
Article 17 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.
Article 19 CFR
Authors: Lock Tobias
Published: March 2021

No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
Article 24 CFR
Authors: Lock Tobias
Published: March 2021

Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
Article 28 CFR
Authors: Lock Tobias
Published: March 2021

Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
Article 32 CFR
Authors: Lock Tobias
Published: March 2021

The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations.
Article 51 CFR
Authors: Lock Tobias
Published: March 2021

The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.
Title VI Final Provisions
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 47 establishes the Union’s international legal personality.

Article 48 provides for the procedures for the revision of the Treaties.

Article 49 contains the conditions and procedures for the Union’s enlargement.

Article 50 contains the procedure for the withdrawal from the Union.

Article 51...
Article 51 TEU
Authors: Klamert Marcus
Published: March 2021

The Protocols and Annexes to the Treaties shall form an integral part thereof.
Article 53 TEU
Authors: Klamert Marcus
Published: March 2021

Article 51 TEU This Treaty is concluded for an unlimited period.
Article 3 TFEU
Authors: Klamert Marcus
Published: March 2021

Matters for which the Union is conferred exclusive competence are matters for which, in principle, the MS have decided to permanently cede powers to the Union. Article 2(1) TFEU defines exclusive Union competence as an area where ‘only the Union may legislate and adopt legally binding acts, the MS being able to do so themselves only if so empowered by the Union or for the implementation of Union acts’. In some of these areas, the ToL has brought about significant clarifications and extensions, in particular concerning the scope of the common commercial policy (see paras [13–15]).
Article 5 TFEU
Authors: Klamert Marcus
Published: March 2021

Specific provisions shall apply to those Member States whose currency is the euro.
Title II Provisions Having General Application
Authors: Klamert Marcus
Published: March 2021

Under Title II of the TFEU, the Treaty assembles a general consistency rule (Article 7 TFEU), a number of horizontal ‘mainstreaming’ provisions (Articles 8–13 TFEU), a provision on services in general economic interest (Article 14 TFEU), a principle of EU law plus legal basis (transparency, Article 15 TFEU), a fundamental right plus legal basis (data protection, Article 16 TFEU), and a provision on religion similar to Article 4(2) TEU on respect for national identities (Article 17 TFEU). Thus, the ‘provisions having general application’ have little in common. There are however some general remarks that can be made with regard to the horizontal provisions in Articles 8–13 TFEU, including the related consistency clause in Article 7 TFEU.
The Common Customs Tariff: Administration and Interpretation
Authors: Lyons QC Timothy
Published: March 2021

The Common Customs Tariff (‘the Tariff’) came into existence on 1 July 1968 nearly 18 months ahead of schedule. Its creation was a formidable achievement. It has been said that a total of 20,000 national tariff items were reduced to what were then 3,000 common tariff items. Originally, the setting up of the Tariff was dealt with in EEC Treaty, Articles 18 to 27. These were repealed in the Treaty of Amsterdam and the EC Treaty had then a simple provision in Article 26 which stated that: ‘Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission’. Article 31 of the TFEU is even shorter as it omits the words ‘acting by a qualified majority’. The need for a qualified majority in the Council, though, is made clear by the TEU Article 16.3. This provides that the Council ‘shall act by a qualified majority except where the treaties provide otherwise’. Subject to the application of transitional provisions, from 1 November 2014, a qualified majority is defined by a double majority. First there must be a majority of at least 55 per cent of the members of the Council; with
Customs Procedures: An Overview
Authors: Lyons QC Timothy
Published: March 2021

There were, under the CCC, eight customs procedures. These were reduced to three by the UCC, namely, release for free circulation, special procedures, and export. There are four categories of special procedures: transit, covering internal and external transit; storage, including customs warehousing and free zones; specific use, comprising temporary admission and end use; and processing, comprising inward and outward processing. The eight procedures under the CCC were: release for free circulation, transit, customs warehousing, inward processing, processing under customs control, temporary admission/importation, outward processing, and exportation. The CCC also established five customs-approved treatments or uses, namely: the placing of goods under a customs procedure, the entry of goods into a free zone or warehouse, the re-exportation of goods from the Community customs territory, the destruction of goods, and, finally, the abandonment of goods to the Exchequer. With its eight customs procedures and five treatments the CCC had thirteen categories which are now absorbed into the three customs procedures. As the Proposal for the Modernized Customs Code (‘MCC’) put it:
Enlargement Policy
Authors: Ott Andrea
Published: March 2021

The EU enlargement policy was labelled in 2003—shortly before the ‘big bang’ enlargement of 2004—the most successful EU external relations policy. Due to that success, the European Neighbourhood Policy (ENP) has, since 2003, copied certain characteristics of the policy and instruments. However, after the 2004 accession of twelve new Member States and the subsequent accession of Romania and Bulgaria in 2007 and finally of Croatia in 2013, a general enlargement fatigue can be diagnosed among the existing EU Member States. EU Member States have become wary of further accession in times of recurring crises of the European Union project and in light of the challenge of post-accession integration of new Member States, especially of Bulgaria and Romania, as an ongoing project. At the same time they are not willing to abandon such an effective tool for influencing and aligning third countries’ policies to EU law and for stimulating reforms in national administrative and legal orders of neighbouring countries in anticipation of accession. Montenegro, Serbia, and Turkey have started accession negotiations, Albania and the Former Yugoslav Republic of Macedonia secured a recognized candidate status, while Bosnia-Herzegovina and Kosovo are being viewed as potential candidates. While the enlargement policy is still in
General Provisions
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The idea of prefacing a legal instrument with an introductory chapter containing a number of ‘general provisions’ was not, of course, an invention of the draftsmen of ULIS and CISG; it has a much longer pedigree. Thus, we find it implemented in a number of the great European codifications: most prominently and influentially, perhaps, in the Code civil (‘Titre préliminaire’), the Austrian ABGB and the Swiss ZGB (‘Einleitung’), and the Codice civile (‘Disposizioni sulla legge in generale’).
Contents and Effects
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

Equally, the minimum—‘essential’—content of a contract is ultimately defined by the capacity of being ‘effective’ in the sense of providing a minimum of instructions necessary to serve as the basis of enforcement. The possible ‘content’ of a contract in such a general sense is, of course, determined by a plethora of rules governing contract formation, its interpretation, and the restrictions imposed by positive law and public policy.
Non-Performance and Remedies in General
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The purpose of a contract is performance. Following their preferences, the contracting parties promise to effect a certain performance. The binding force of a validly concluded contract binds a party to its promise and thereby gives both parties the security to plan ahead.
Substitution of New Debtor; Transfer of Contract
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

While the example creates the impression that a change of debtor is a frequent occurrence, the legal reality is somewhat different. The creditor (C) may simply be reluctant to accept a new debtor. Nevertheless, the substitution of a debtor may take place in relation to an ‘ordinary’ cross-border sales contract.
Introduction
Authors: Parry Rebecca
Published: March 2021

Since at least the Middle Ages, credit has played a significant role in the functioning of the commercial economy in England and Wales, and it continues to be a central feature of the modern economy. Credit enables goods and services to be traded on a much wider scale than would otherwise be the case. However, for almost as long as there have been credit dealings, there have been debtors who have been unable to meet their obligations, either through circumstances beyond their control or through deviousness. The collective insolvency procedures of liquidation and bankruptcy have traditionally been employed in such circumstances, with the debtor’s available assets (subject to certain exemptions) being used to make payments to creditors. The aim of these collective procedures is to distribute the debtor’s assets among creditors in a manner that is, as far as possible, fair.
Concurrent Bankruptcy and Divorce or Civil Partnership Dissolution
Authors: Parry Rebecca
Published: March 2021

Concurrent bankruptcy and divorce proceedings are common both on account of the stress that one of these life changing events may have on a marriage or a business and also on account of deliberate design on the part of some debtors. In consequence, difficult questions may be raised regarding the respective entitlements of the debtor’s former spouse and creditors. As a reflection of these difficulties, this area of law has given rise to significant case law and a substantial body of literature.
The International Dimension of EMU: The Interplay Between the Global Financial Stability Architecture and the European Union
Authors: Donnelly Shawn , Wessel Ramses
Published: March 2021

It is a truism that the European Union’s self-proclaimed autonomy may be a helpful concept in legal terms–primary to preserve the monopoly of the European Court of Justice to interpret European Union (EU) law–but it is equally clear that the EU is to a large extent influenced by the decisions and policies of other international institutions. The present chapter aims to assess this external influence in relation to a specific, but core dimension of the EU, the Economic and Monetary Union (EMU). More specifically, we will assess the influence of what these days is known as the Global Financial Stability Architecture (GFSA), on the EMU. As will be further explained below, the GFSA is a network of the key global financial institutions that collect data, conduct research, provide insight and propose rules of conduct for the financial sector. Its mission is to rethink (global) macroeconomic policy to make economies more resilient–how to steer the economy clear of risks that could lead it to collapse; how to deal with real-time crises; and how to initiate recovery. Its primary method is to find out how differing components of financial markets act and react to one another, and to propose prudential regulation that shapes the behaviour of private financial service providers, of governments and of central banks.
Non-fiscal surveillance of the Member States
Authors: Keppenne Jean-Paul
Published: March 2021

This chapter looks at how the European Union (EU) and its institutions carry out their tasks of economic surveillance of the Member States outside the field of fiscal policy (covered in Sections I and II of this chapter).
Development of European Contract Law
Authors: Kötz Hein
Published: March 2021

This chapter examines the historical, economic, and political reasons which have led to the idea of ‘Europeanising’ private law, academic literature, and legal teaching in European countries in pursuit of the eventual creation of European private law. After discussing the functions of comparative law and the different ways in which it could contribute towards setting up a unified European private law, the chapter considers the link between economic order and contract law as well as the adoption of the principle of freedom of contract by all European legal orders. It also discusses the pros and cons of a ‘European Code of Contract Law’ that would harmonise or unify not only the rules on consumer protection but also the non-mandatory ‘dispositive’ contract law.
Formalities
Authors: Kötz Hein
Published: March 2021

This chapter considers the importance of formalities in the validity of contracts. All legal systems in Europe have rules that invalidate certain contracts if specified formalities are ignored. Such rules are commonly regarded as exceptional, based on the general principle that no formalities are required. Indeed, this principle is explicit in most civil codes. After discussing the various reasons why contract law imposes formal requirements in agreements, the chapter describes different types of formalities and the sanctions that may be applied when a contract is void or unenforceable. In particular, it examines the question whether contracts may exceptionally be enforceable despite the lack of the required form.
Unfair, Illegal, and Immoral Contracts
Authors: Kötz Hein
Published: March 2021

This chapter examines the legal consequences of unfair, illegal, and immoral contracts. It first considers cases in which there is an evident inequality between performance and counterperformance and the question arises whether the contract is void or unenforceable either for that reason alone or due to other additional reasons. In a second group of cases validity or enforceability turns on whether the contract improperly restricts personal or economic liberties. Special problems can also arise where the formation or execution of a contract infringes some statutory provision. The chapter concludes by focusing on the restitution of benefits conferred in pursuance of the void or unenforceable contract.
Damages
Authors: Kötz Hein
Published: March 2021

This chapter examines cases where the creditor asks for damages due to the failure of the debtor to perform its obligations under a contract, or perform them properly. It discusses the most important conditions needed for the innocent party to claim damages. Some legal systems allow such claims whenever the other party was in ‘breach of contract’, while other systems distinguish between obligations de résultat and obligations de moyens or start from the rule that a party will only be liable in damages if its failure to comply with the contract is based on its ‘fault’. Should a party also be liable for ‘remote’ damages? Should there be a duty to make compensation for the plaintiff’s lost profits? For its ‘intangible’ losses? Should it disgorge profits based on its breach of contract? What about the validity of penalty clauses or liquidated damages clauses?
Assignment
Authors: Kötz Hein
Published: March 2021

This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.
Regulation of Insolvency Practice
Authors: Anderson Hamish
Published: March 2021

Insolvency practice is highly regulated. Regulation is needed because, as described in earlier chapters, the day-to-day conduct of insolvency proceedings is entrusted to office-holders and the supervisory jurisdiction exercised by the court is both selective and triggered by application.
Transaction Avoidance
Authors: Anderson Hamish
Published: March 2021

Laws dealing with the problem of debt avoidance were a feature of English law long before the enactment of laws providing for insolvency proceedings. Thus an enactment in 1376, during the reign of Edward III, provided that property given by debtors to friendly third parties remained available to be taken in execution by the debtor’s creditors, whereas the founding statute providing for a bankruptcy law was not enacted until 1542, during the reign of Henry VIII. This illustrates a point which remains equally true today, namely that transaction avoidance overlaps with insolvency law but can go wider. For example section 423, dealing with transactions defrauding creditors, can be invoked by a victim of the transaction even though no insolvency proceedings are taking place.
Wrongdoing by Directors and Others
Authors: Anderson Hamish
Published: March 2021

Both outright dishonesty and genuine misfortune are less common than is sometimes supposed; most insolvencies result from a degree of culpable mismanagement. Although the work of office-holders appointed in insolvency proceedings is primarily concerned with the administration of the insolvent estate, examination of the causes of insolvency and the punishment of malpractice are also important. Accordingly, insolvency law includes various provisions by means of which malpractice can be pursued. It is a statement of the obvious that failure to take proper action in respect of malpractice encourages degeneration in attitudes to debt. The treatment of malpractice is therefore central to the wider social and economic purposes of insolvency law.
Cross-border Insolvency
Authors: Anderson Hamish
Published: March 2021

In the practice of insolvency law, the usual challenge is to work out the answer to a problem as a matter of general law and then to factor in the consequences of one or more of the parties being insolvent. In cross-border insolvency cases, this exercise can be made considerably more complicated by choice of law issues. Ultimately, cross-border insolvency questions are all questions of private international law which are determined in accordance with specific rules where applicable or otherwise in accordance with general principles. The aims are to recognize properly grounded foreign insolvency proceedings, to act in aid of them where appropriate, to ensure that English proceedings will achieve extra-territorial recognition where necessary, and thereby to achieve fairness for all creditors everywhere by avoiding conflicts and confusions between jurisdictions.
Telecommunications Law and Regulation an Introduction
Authors: Walden Ian
Published: March 2021

This book examines national, regional, and international legal and regulatory frameworks governing the telecommunications sector, particularly the provision of all forms of network infrastructure, communication services, and equipment supplied for the transmission of data and information. The book is entitled ‘telecommunications’ rather than ‘communications’, despite the best attempts of European Union law to recast the terminology. Telecommunications remains the preferred term for a number of reasons. First, the change of regulatory terminology is still not reflected in industry discourse, let alone among the wider general public. Second, the book is intended as a text for a global audience, not just the UK or Europe, so it does not seem appropriate for EU terminology to be imposed on our readers. Third, the many historical and cross-jurisdictional aspects of the book recommend consistency as an aid to comprehension. The book does, however, use the terms ‘telecommunications’ and ‘communications’ interchangeably.
Directors’ Conflicts
Authors: Langford Rosemary Teele
Published: March 2021

The issue of directors’ accountability and responsibility is never far from the public spotlight, as recently highlighted by corporate governance reforms initiated by the UK government and by the proceedings of the Banking Royal Commission in Australia. A topic of increasing practical and regulatory complexity is the conflicts faced by company directors. Conflicts may occur between directors’ self-interest and the interests of the company, between duties owed to more than one company or principal or between the interests of different stakeholders. This is a core source of concern, and of commentary, in a number of common law jurisdictions. As the complexity of commercial transactions and of corporate life in general increases, the application of the duty to avoid conflicts has necessarily become more complicated. At the same time there is a constant tension between ensuring accountability and not deterring responsible risk-taking. Concerns have been expressed that the legal and regulatory burden is too high. Providing certainty and comprehensive coverage of key aspects of the law relating to directors’ conflicts is therefore vital.
Bad Character
Authors: Hamer Kenneth
Published: March 2021

Disciplinary proceedings were brought against him in respect of the shoplifting conviction and, on 14 May 1974, it was again ordered that his name be erased from the register. From that order, he appealed to the Privy Council and relied on section 25(2)(a) of the Dentists Act 1957, which provides that a person’s name shall not be erased on account of a conviction for an offence that does not, either from the trivial nature of the offence or from the circumstances under which it was committed, disqualify that person from practising dentistry.
Burden of Proof
Authors: Hamer Kenneth
Published: March 2021

A was charged with professional misconduct for failure to pay a judgment debt against him. A claimed to have sent a cheque in settlement. A gave evidence, but refused to produce bank documents. The primary submission on appeal was that a disciplinary tribunal had, in effect, reversed the burden of proof by requiring A to prove his innocence. A’s duty under the code of conduct was to respond promptly to any request from the Bar Standards Board. ‘Respond’ plainly means to ‘respond positively’, not by way of a refusal. The evidence before the tribunal was thus an unjustified refusal. It was for the tribunal to consider what inference it should draw from the refusal. That was not a reversal of the burden of proof. The appeal was dismissed.
Case Management
Authors: Hamer Kenneth
Published: March 2021

After a trial that lasted nearly seventy working days and which was itself a retrial, Tekin and Jisl were convicted of fraudulent evasion of the prohibition on the importation of goods. Konakli pleaded guilty on rearraignment. On the hearing of their appeals against conviction and in the case of Konakli’s sentence, the Court of Appeal, Criminal Division (Judge LJ, and Nelson and McCombe JJ), under the heading ‘Case Management’.
Concurrent Proceedings
Authors: Hamer Kenneth
Published: March 2021

The applicant, L, was charged on 4 February 1982 with theft of certain tapes, the property of the British Broadcasting Corporation (BBC), which were found at her home. She intended to plead not guilty and it was anticipated that the hearing of the charge would be in October 1982. The BBC alleged that the removal of the tapes was, in itself, misconduct justifying dismissal irrespective of whether or not that removal amounted to theft. It decided to conduct disciplinary proceedings and, on 6 April 1982, L was dismissed. In judicial review proceedings, Woolf J said that if an employee makes an application to a domestic tribunal to adjourn its proceedings until after the conclusion of criminal proceedings on the basis that the continuation of the disciplinary proceedings would prejudice criminal proceedings, that application should be sympathetically considered by the tribunal.
Evidence
Authors: Hamer Kenneth
Published: March 2021

The solicitor to the GMC opened the case and placed before the Council a certified copy of the decree absolute. Each member of the Council was provided with extracts from the shorthand notes of the proceedings in the divorce court, including a copy of the judgment of the learned judge. S’s solicitor admitted that his client stood in a professional relationship with Mrs P, but submitted that he should be allowed to call evidence that was not before the divorce court, with a view to challenging the correctness of the judge’s conclusion on the issue of adultery. The GMC was not prepared to hear fresh evidence and, relying on the facts alleged in the charge, directed that S’s name should be erased from the medical register.
Human Rights
Authors: Hamer Kenneth
Published: March 2021

The effect of the disciplinary sanctions in question was to divest the applicants temporarily (A) or permanently (C) of their civil right, within the meaning of Article 6(1), to practise medicine, which they had duly acquired and which allowed them to pursue the goals of their professional life. The right to continue to practise constituted, in the case of the applicants, a private right and thus a civil right within the meaning of Article 6(1), notwithstanding the specific character of the medical profession—a profession that is exercised in the general interest—and the special duties incumbent on its members. In many member states of the Council of Europe, the duty of adjudicating on disciplinary offences is conferred on jurisdictional organs of professional associations. Even in instances in which Article 6(1) is applicable, conferring powers in this manner does not in itself infringe the Convention.
Indicative Sanctions Guidance
Authors: Hamer Kenneth
Published: March 2021

Most regulators have published guidance on sanctions that are described as ‘indicative’ of the sanctions that the tribunal or committee may impose in any given case. Rule 31(14) of the General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010, for example, provides that the committee, when considering what sanction is appropriate in the registrant’s case, must have regard to any guidance issued by the Council about sanctions that particular classes of cases before the committee should attract.
Integrity (Lack of)
Authors: Hamer Kenneth
Published: March 2021

The applicants challenged decisions by the Financial Services Authority (FSA) to withdraw their approvals to perform the functions of investment advisers and investment management. The criteria for assessing the fitness of approved persons were set out in the FSA Handbook. They included ‘honesty, integrity and reputation’. In considering these criteria, the Financial Services and Markets Tribunal stated: ‘[I]n our view â€œintegrityâ€ connotes moral soundness, rectitude and steady adherence to an ethical code. A person lacks integrity if unable to appreciate the distinction between what is honest or dishonest by ordinary standards.’
Investigation of Allegations
Authors: Hamer Kenneth
Published: March 2021

General Medical Council (Fitness to Practise) Rules 2004, Part 2 (Investigation of allegations) (initial consideration by the registrar and referral of allegations, consideration by case examiners, consideration by the Investigation Committee, and review of decisions), especially rule 4(5) (‘no allegation shall proceed further if, at the time it is first made or first comes to the attention of the GMC, more than five years have elapsed since the most recent events giving rise to the allegation, unless the Registrar considers that it is in the public interest for it to proceed’)