bluuebunny/crossref_metadata_2025_split huggingface dataset:
Passive  Aggressive Investments: Minority Shareholdings and Competition Law
Authors: Pini Gian Diego 
Published: April 2022

Minority share acquisitions between competitors have been mistakenly considered of concern only in case they result in a change of control.
First the economic theory, closely followed by courts and doctrine, explained and demonstrated that even the acquisition of non-controlling shareholdings may distort competition and requires a close scrutiny by competition authorities.
This article analyzes the impact of minority shareholdings on the incentives of rival firms and ascertains whether the authorities are provided with adequate tools to investigate and address the potential anticompetitive effects.
The results of the economic theory are the starting point to assess whether the legal treatment of minority shareholdings under the EU and US antitrust systems is appropriate and adequate.
Board of Appeal of the European Supervisory Authorities
Authors: Blair William 
Published: April 2022

This article is about an appeal board recently set up by the European Union to hear appeals in respect of decisions of the three new European Supervisory Authorities. This is the first time that such a body has been established at the European level in the field of financial regulation, and considerable responsibility has been vested in it.
Developments at the European level in this field are potentially of great significance, and are continuing, with proposals from the Commission as regards a banking union announced on 12 September 2012. This article gives a brief account of these developments, explains how the appeal board fits into the structure, and finally describes how the board will conduct appeals.
EU Financial Stability Mechanisms: Few Certainties, Many Lingering Doubts
Authors: Bianco Giuseppe 
Published: April 2022

This article examines the institutional reaction to the sovereign debt crisis in Europe. The response has so far consisted of three new financial mechanisms: the European Financial Stabilisation Mechanism, the European Financial Stability Facility, and the European Stability Mechanism. These have each a different legal basis and a specific regime, and display a varying degree of compatibility with EU law.
The institutional quick .x employed by Eurozone countries was essentially a resort to private law and traditional international law techniques. Even after the well-known Pringle decision, several doubts still linger on. This framework constitutes a setback from the evolution of the EU, at the expense mainly of the European Parliament and the Court of Justice.
The Promotion of Sustainable Development through EU Trade Instruments
Authors: Douma Wybe Th. 
Published: April 2022

The obligation to integrate environmental protection into other policy areas stems from 1987 and was refined by the Treaty of Lisbon. The EU is to ensure coherence of trade, environmental protection and sustainable development, inside and outside the EU. This article investigates how the Union operationalised this duty where its trade agreements are concerned, and whether this actually contributes to sustainable development.
It is set out how in 1999, Trade Sustainability Impact Assessments of proposed new trade agreements were introduced, how the system developed over time, and how actual provisions on sustainable development and environment were introduced from 2008 onwards. Furthermore, it is examined what these provisions entail. Given the identified weaknesses, evaluating and where necessary strengthening these parts of trade agreements is called for. An investigation on improvements to the environmental provisions of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) could form a step in the right direction.
A Regulatory Framework for Cryptocurrency
Authors: Lee Joseph , L’heureux Florian 
Published: April 2022

The paper examines cryptocurrency in the crypto-finance ecosystem and identifies areas in which regulatory intervention is required. Part I focuses on the system and processes of cryptocurrency and identifies the features of this ‘decentralised’ system and the legal and regulatory implications. Part II discusses the perceived benefits and the rise of cryptocurrency to determine whether those benefits fit with regulatory objectives and contribute to the rise of cryptocurrency. Part III discusses the fall of cryptocurrency and some associated factors, particularly a lack of governance. Part IV discusses the need for regulation and governance.
Cryptocurrency, blockchain, DLT, tokenization, cryptoasset, exchanges, investor protection
Transformative Digital Economy, Responsive Regulatory Innovation and Contingent Network Effects: The Anatomy of E-Commerce Law in China
Authors: Bu Qingxiu , You Chuanman 
Published: April 2022

Digital economy in the past decades has witnessed an explosive growth momentum in China. Arguably, China has now become the leader in many fronts of global innovative digital economy. This paper fills the academic gap by explicating the evolution of one of the prime constituents of digital economy, the electronic commerce (E-commerce) sector, and its accompanying regulatory paradigm. It is opined that the explosive market development has instigated a new governance model in China. This model features innovative, participatory and collaborative regulatory approaches. It represents a polycentric paradigm facilitating technological, industrial and regulatory innovation. It is argued that such industrial and regulatory innovation casts profound implications not only cross-sectionally on many other digital economy industries within China, but also trans-nationally on global governance of innovation economy as evidenced in the ongoing clash between China and the US.
Digital Economy, Electronic Commerce, Network Effects, New Governance, Coregulation Framework, Industrial Standards, Consumer Protection, Data Privacy, Blockchain Technology, Internet Court
Partnership Law: Used, Misused or Abused?
Authors: Berry Elspeth 
Published: April 2022

This article analyses the increasing use of UK partnerships for criminal purposes, often in other jurisdictions, and argues that the regulatory responses are inadequate, and must be supplemented by a comprehensive ethical framework. I first argue that partnerships offer substantial benefits for a variety of businesses, but that they also have vulnerabilities which have led to their misuse and even abuse through criminal activities, which I also discuss. I then analyse the deficiencies of the regulatory measures designed to tackle the abuses, including requirements to disclose participant identity and accounts, and anti-money laundering and tax evasion measures. Finally, I evaluate the use of a supplementary ethical framework to reduce the abuses, and examine how such a framework could be created. My analysis provides an understanding of the causes and consequences of partnership abuses and of how they can be overcome. This advances the ongoing debate in the UK over the abuse of partnerships and the wider issue of business transparency, and has implications for the many other jurisdictions in which UK partnerships operate and in which the abuses take place, as well as for jurisdictions which have similar partnership vehicles to those in the UK.
General partnerships, limited partnerships, LLPs, money laundering, tax evasion, tax avoidance, regulation, ethics, transparency, accounts
The European Crowdfunding Service Providers Regulation: The Future of Marketplace Lending and Investing in Europe and the ‘Crowdfunding Nature’ Dilemma
Authors: Macchiavello Eugenia 
Published: April 2022

The Regulation on European Crowdfunding Service Providers (ECSPs) for businesses, since its Proposal by the European Commission in March 2018, has experienced difficult trilateral negotiations. The length of the legislative process relates not only to nationalism resurgence, uncertain Brexit negotiations and COVID-19 outbreak but also to different views about crowdfunding and its optimal regulation within the three European Institutions. The present paper, after describing crowdfunding’s main features, will critically analyze the ECSPs Regulation in details as eventually adopted in October 2020, also in comparison with the alternative options available and their relative implications, in order to discuss the resulting picture of crowdfunding and its future under the new European regime, also providing suggestions for certain adjustments.
Bank resolution, insolvency, significant non-financial enterprises, enterprise groups, Carillion, early intervention, recovery and resolution planning, living wills, public interest, systemic risk, critical functions.
The Acceleration of the Development of International Business Mediation after the Singapore Convention
Authors: Hage Chahine Joséphine , M. Lombardi Ettore , Lutran David , Peulvé Catherine 
Published: April 2022

The Convention on International Settlement Agreements Resulting from Mediation (hereinafter referred to as the Singapore Convention) entered into force on 12 September 2020.
The States’ striking enthusiasm for the Singapore Convention since the day of its enactment and onwards seems to be an encouraging indicator of the increasing use of mediation for the settlement of international commercial disputes. More precisely, the Convention establishes an international legal framework for the enforcement of settlements reached through mediation, and provides for a very limited number of requirements thereon. Hence, and considering that the enforceability of arbitral awards is perceived as arbitration’s most important feature, the cross-border enforceability of the settlement agreements reached through mediation conferred by the Singapore Convention could somehow erode arbitration’s edge. Furthermore, the entry into force of the Singapore Convention will promote the use of mediation in the States comprised within the Belt and Road Initiative, in Europe and in the Asia- Pacific, namely within the construction sector and the shipping industry and also in investor-state disputes insofar as the wording of the Convention leaves room for an extensive interpretation that could encompass such disputes.
Investment funds, reserved AIFs, share classes, fair treatment, seniority privilege, minimum interest privilege, non-contagion principle, preferential treatment, shift of wealth
A New Status for the ECHR in Italy: The Italian Constitutional Court and the New ‘Conventional Review’ on National Laws
Authors: Mirate Silvia 
Published: April 2022

The article aims to provide an analysis of the two judgments of the Italian Constitutional Court No. 348 and No. 349 dated 24 October 2007, which considered Article 117, paragraph 1, of the Italian Constitution as a constitutional rule granting superior legal authority to the European Convention over and above ordinary domestic statute law. A domestic law in contrast with the provisions of the Convention, as interpreted by the European Court, violates Article 117, paragraph 1, of the Italian Constitution and it must be declared unconstitutional by the Constitutional Court. In particular, the Constitutional Court has declared unconstitutional Article 5–bis, of the Law No. 359 dated 8 August 1992 (and of the following Article 37, paragraphs 1 and 2, of the Code of Expropriation Provisions, Presidential Decree No. 327 dated 8 June 2001) on the refund for legitimate expropriation and on the compensation awarded for the Italian public administrations’ practice of ‘constructive expropriation’, because they were calculated according to a criterion in contrast with Article 1 of Protocol No. 1 European Convention on Human Rights (ECHR), as interpreted by the Strasbourg case law.
The solution, adopted by the Constitutional Court, is very interesting and almost ‘revolutionary’, since it underlines the new place accorded to the ECHR in the Italian legal system in the last years, especially by the ordinary courts and finally by the Constitutional Court too.
Regulation, Public Law, and Better Regulation
Authors: Scott Colin , Brown Ciara 
Published: April 2022

In response to concerns about regulatory growth and anxieties about the efficiency and effectiveness of regulatory policies, most industrialized countries have, with the blessing of the Organization for Economic Cooperation and Development (OECD), developed policies on Better Regulation (BR). The technical nature of these policies has engendered a degree of dissonance between policy practices, on the one hand, and research on regulatory regimes in Europe from the perspectives of public law and regulation, on the other hand. A core conception of BR as being concerned with impact assessment of regulatory rules has emerged notwithstanding the fact that many official documents at both national and supranational levels give considerable prominence to consideration of alternatives to regulation alongside impact assessment in rolling out BR programmes. The squeezing out of alternatives to regulation by a technical focus on Regulatory Impact Assessment (RIA) has driven BR policies into a silo, substantially isolated from the main research concerns of regulation and public law scholarship. We suggest that both the scholarly and policy fields would benefit from a degree of reintegration. Such a reorientation should speak to the central concerns of scholarship both in regulation and public law. For the former, it raises the prospect of working better with the grain of social and economic activity and actors in regulated fields, a central theme of contemporary regulation scholarship. For the latter, it offers the promise of enhanced oversight over rule-making processes and a more democratic form of decision-making over the development and adoption of regulatory norms, rooted in theories of reflexive law, albeit linked to participatory rather than parliamentary democracy. As a slogan, BR invites neither contradiction nor even debate. Who would promote Worse Regulation?
Better Regulation through Experimental Legislation
Authors: van Dijck Gijs , van Gestel Rob 
Published: April 2022

Since the 2002 White Paper on Governance, European Union (EU) law and policymaking is aiming for a more evidence-based approach towards regulation. Until today, most Better Regulation (BR) tools, such as consultations, expert advice, and Impact Assessments (IAs), usually produce rather soft evidence, at least from a methodological perspective. A possibility to change this would be to rely more on experimental legislation and try out new laws and regulations first on a small scale and for a limited period before enacting more permanent laws. This may not only prevent negative (side) effects and filter out implementation and enforcement problems but is also a way to deal with situations of great uncertainty where major risks are involved. The question, however, is to what extent principles of equal treatment and legal certainty stand in the way of adopting experimental legislation in the EU's legislative policy. The experimental method will not solve all difficulties. It is, after all, only a subsidiary method. The course to be followed is to give experimentation its place as a means of obtaining data for deductions, not to base political action wholly upon experiment and nothing else, for this would be to make the conclusions derived from it merely empirical laws.
The Erosion of the Meroni Doctrine: The Case of the European Aviation Safety Agency
Authors: Simoncini Marta 
Published: April 2022

The non-delegation doctrine developed since the Meroni case has been the main constraint to the full development of EU agencies' powers. In recent years, however, the doctrine is showing its permeability to administrative innovation in the area of internal market regulation. This article aims to contribute to the debate about the sustainability of the Meroni doctrine, by focusing on the European Aviation Safety Agency (EASA)'s rule-making powers as an illustrative case study. In doing so, the article addresses the main issues of the Meroni doctrine and contextualizes these in the specific domain of EASA, with a view to apply, mutatis mutandis, the inferences to other policy domains.
Large-Scale Databases and Interoperability in Migration and Border Policies: The Non- Discriminatory Approach of Data Protection
Authors: Brouwer Evelien 
Published: April 2022

In the EU, different measures have been adopted with regard to the storage and exchange of personal data of third-country nationals for external border controls. Large-scale databases and risk assessment are used to facilitate the entry of those considered as ‘bona fide travelers’ and to identify those considered as a risk of irregular migration or security threat. The purposes of existing databases have been gradually extended, blurring the line between the objectives of immigration control and security and law enforcement. Emphasizing the non-discriminatory approach of data protection and applying criteria from the case-law of the Court of Justice of the European Union (CJEU), this contribution questions the legitimacy of these measures from the perspective of the principles of necessity and proportionality, purpose limitation, and the prohibition of automated-decision making.
large-scale databases, interoperability, biometrics, third-country nationals, non-discrimination, data protection, necessity and proportionality, purpose limitation, automated decision-making
The Cooperation Between Frontex and Third Countries in Information Sharing: Practices, Law and Challenges in Externalizing Border Control Functions
Authors: Marin Luisa 
Published: April 2022

The aim of this article is to investigate whether the cooperation of Frontex with third countries in information sharing is in compliance with EU’s constitutional normative rules and values.
Since more than a decade, border control and surveillance have been developed as policies instrumental to migration control. The shift towards risk management in many areas of public governance has implied that EU’s action at the external borders is built upon a combination of policies of securitization of migration and externalization of border management.
Against this theoretical background, the article focuses on the external competences or powers of Frontex, mapping in particular practices of information sharing with third country authorities, which are functional to risk analysis, one of the core tasks of Frontex. It analyses working arrangements, intelligence sharing communities and cooperation taking place within the context of technical assistance.
The article further discusses the legal challenges these types of cooperation brings to the EU, as a governance system based on the rule of law. These are indicated in transparency and accountability, respect for fundamental rights and privacy challenges.
Frontex, external relations, information-sharing, cooperation with third countries, transparency and accountability, fundamental rights, data protection
Taming National Identity: A Systematic Understanding of Article 4.2 TEU
Authors: Martinico Giuseppe 
Published: April 2022

This article explores the parable of national identity under Article 4.2 Treaty on European Union (TEU), a provision which has received great attention by scholars, and which has recently been seen as a ‘troublemaker’ due to its problematic (ab)use by some national courts. This piece also tries to advance some proposals to redeem this concept in EU constitutional law. This is in line with recent suggestions that have been made to revitalise Article 4.2 TEU.
national identity, constitutional courts, Court of Justice of the European Union, Article 4.2 TEU
Article 4(2) TEU as a Protection of the Institutional Diversity of the Member States
Authors: De Witte Bruno 
Published: April 2022

The main argument of this article is that the meaning of the national identity clause of Article 4 (2) TEU should be limited to what its text actually states, namely to a guarantee for the constitutional structures of the European Union (EU) Member States. The article rejects the broader meaning often given to this Treaty provision, namely that it offers a kind of generic protection for national diversity and national constitutional values. Such a broader meaning is not needed, since primary EU law contains many other provisions that protect national diversity, all of which have a specific meaning and role in the EU legal order. Giving Article 4(2) the broader meaning is harmful, as it opens the door to abusive and superficial uses of identity as a justification for non-compliance with EU law obligations from the side of the Member States.
national constitutions, institutional diversity, cultural diversity, regional autonomy, judicial organization, national languages
Immigration and the Free Movement of Workers after Enlargement: Contrasting Choices
Authors: Rymkevich Olga , Farkas Orsolya 
Published: April 2022

Abstract: The article examines recent developments in the fields of Community immigration policy and the free movement of workers from the new Member States during the transition period. It is argued that policy choices have been dominated by narrow economic considerations rather than by a comprehensive vision of the issue. Reading between the lines of legal norms and policy initiatives, what emerges is a division based not so much on citizenship, but rather on whether one has already been admitted to the European labour market or not. The article also reviews some recent cases of the ECJ, arguing that access to social benefits for those who exercise the right to free movement of workers between the Member States is not a subjective right, although the restrictions are more limited than they were before the introduction of the concept of European citizenship. This should have the effect of allaying fears of ‘benefit tourism’ from the new Member States.
EU Citizenship: Access to Social Benefits in Other EU Member States
Authors: Pennings Frans 
Published: April 2022

As the result of the case law of the Court of Justice of the European Union on EU citizenship provisions, even citizens who are not economically active have access to social benefits in a country other than that of origin. Is it justified to connect such effects to EU citizenship, even though EU citizenship does not yet have an identity of its own? In this contribution the case law is analysed and it is argued that because of the objective justification that Member States can still offer for limiting access to their systems, more precisely by the link they may require between the claimant and their community, the case law fits well in the system for achieving the free movement of persons. This 'link approach' is a better explanation for the consistency of the case law than an explanation based on cross-border solidarity or a special identity relating to EU citizenship.
Collective Bargaining and Unpaid Care as Social Security Risk: An EU Perspective
Authors: Schiek Dagmar 
Published: April 2022

This article contributes to the debate on how collective agreements can enhance social security from the perspective of unpaid care work. It defines the risk of giving up employment in favour of unpaid care as a social security risk (the care risk). It analyses how collective agreements in the EU can address this risk without compromising gender equality. The analysis is conducted with a focus on analysing the risks emerging from European Union law on a regulatory practice yet to emerge: the inclusion of institutional (child) care provisions in collective agreements. The article concludes that it is disruptive for innovative collective bargaining strategies if interpreted from a standpoint focusing merely on economic integration.
Occupational Social Security, Work-Life Balance, EU Competition Law, Collectively Agreed (Child) Care Institutions, European Union, EU Law