1,721,000 research outputs found

    The Quest for Financial Stability and Democracy in the Banking Union: Promoting Institutional Transformation and Regulatory Evolution Through Unconventional Means

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    In the context of the new legislation establishing a banking union in the EU, some reporting and democratic accountability duties have been established for the Single Supervisory Mechanism (SSM) and the Single Resolution Board (SRB), essentially to the benefit of the European Parliament and of national Parliaments, as well as of the Council of the EU. These democratic tools reflect in their conception and first applicative praxis those existing for the ECB and can be considered a first attempt to counterweight the marginalisation of the democratically elected bodies in the adoption of responses to the financial and economic crisis. Being it conceived as an esthetic operation or not, and notwithstanding their mild pervasive power, these democratic tools can play a role in strengthening the legitimacy of the SSM and SRB and their actual capacity to make a contribution to preserving financial stability in the EU

    Le politiche regionali dell’ue

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    Tutte le politiche di settore dell’UE possono avere un impatto sulla tutela dei diritti a livello regionale e ciò può avvenire in modo differenziato in ragione delle diverse divisioni di competenze tra livello nazionale e regionale esistenti nei vari Stati membri dell’Unione. In questo studio si valuta come le misure adottate per contrastare la crisi dei debiti sovrani nell’UE, insieme alla contestuale o conseguente mutazione della struttura della sua governance economica abbiano condizionato le politiche regionali, in particolare sotto il profilo dell’impatto sui diritti sociali e sulle relative tutele offerte a singoli e gruppi

    Some Considerations on Arbitrability of Competition Law Disputes and Powers and Duties of Arbitrators in Applying EU Competition Law

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    The problem of defining the limits to the application of national procedural rules lies at the root of both the strands of case law of the Court of Justice of the EU regarding, respectively, EU competition law enforcement through arbitration and antitrust damages actions. Therefore, these two lines of private enforcement of competition law are characterized by the interplay of national procedural rules – which, as far as arbitration is concerned, define the attitude of the national legal order towards this ‘private dispute settlement system’(see Case C-126/97 Eco Swiss [1999]) – and the need for the uniform application of EU competition law. National judges have to juggle these two different – and often contrasting – forces, while arbitrators have to take due account of EU competition law in order to render awards which are likely to encounter no difficulties in the context of a possible review before national judges, without having the possibility to resort to the preliminary ruling procedure (Case 102/81 Nordsee [1982]). This legal framework governs the relationship between public and private enforcement when EU competition law issues are at stake in a dispute to be settled by an arbitrator or an arbitral tribunal. This framework has implications with regard to the arbitrability of EU competition law issues and to the duties of arbitrators called on to settle disputes where such issues may arise
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