European Business Law Review最新文献_第6页

The ESM Pandemic Crisis Support Facility: A Changing Conditionality? ESM流行病危机支持基金:条件的变化?

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022007

M. Megliani

{"title":"The ESM Pandemic Crisis Support Facility: A Changing Conditionality?","authors":"M. Megliani","doi":"10.54648/eulr2022007","DOIUrl":"https://doi.org/10.54648/eulr2022007","url":null,"abstract":"Since late 2019, the globe has progressively been affected by a pandemic caused by a new virus named Covid-19. To face the economic and social effects of this crisis, the European Union has predisposed a plan hinged on four pillars. The Support to mitigate Unemployment Risks in an Emergency to provide financial assistance for work and jobs. A fund established by the European Investment Bank in favour of small and medium enterprises. A Recovery Fund to stimulate and support European recovery. A Pandemic Crisis Support facility under which the European Stability Mechanism may provide resources without macroeconomic conditionality in favour of direct and indirect healthcare, cure and prevention related to the Covid-19 crisis. With specific reference to this facility, the absence of macroeconomic conditionality questions its compatibility with the ESM and EU Treaties. This problem could have been cured in the amending process of the ESM Treaty. Unfortunately, it was not so and the solution must be sought elsewhere. This may be done by interpreting the no bail-out rule, holding that the no bail-out rule is suspended or finding that the no bailout rule is satisfied by the national recovery and resilience plans. Alternatively, the facility could have been placed under different umbrellas. However, the exceptional features of the facility are not replicable in the ESM context.\u0000ESM, Conditionality, Pandemic Crisis Support facility, Covid-19 Related Healthcare, Justifications","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47110443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role and Potential of Blockchain Technology in Islamic Finance 区块链技术在伊斯兰金融中的作用和潜力

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022005

J. Truby, A. Dahdal, O. Ismailov

引用次数: 5

Comment: The Law on Succession for Sole Proprietors in Austria, Poland and Switzerland 评论：奥地利、波兰和瑞士的《个人所有人继承法》

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022011

Rafał Wrzecionek

{"title":"Comment: The Law on Succession for Sole Proprietors in Austria, Poland and Switzerland","authors":"Rafał Wrzecionek","doi":"10.54648/eulr2022011","DOIUrl":"https://doi.org/10.54648/eulr2022011","url":null,"abstract":"The death of a business owner leads to significant implications in business run by such person. The article presents the most important mechanisms aimed at smooth succession of one-person businesses in the Republic of Austria, the Swiss Confederation, and the Republic of Poland. They include appointment of a proxy and power of attorney, which do not expire as a result of death of businessman (principal) and regulations permitting business continuity after the death of a business owner (by the decision of his legal successors), who during his life did not take advantage of legal mechanisms ensuring business continuity after his death.The article focuses on the diversity and attractiveness of these regulations. Despite the fact that the regulations do not eliminate problems in handing over the business to a successor, they have a positive impact on the business succession issues. When granting a power of attorney (or appointment of a proxy), which can constitute a tool ensuring business continuity in Austria or Switzerland immediately after the death of its owner, requires activity of principal-businessman running a specific business activity, the right to continue business activity (continuity) after the deceased business owner who is a natural person is a possibility, which – despite the lack of business owner’s activity to grant such authorization – can be used by his successors.","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47104960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Challenges Ahead for the EU Banking System 欧盟银行体系面临的挑战

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022016

Christos V. Gortsos

引用次数: 0

Regulation of Algorithmic Trading: Frameworks or Human Supervision and Direct Market Interventions 算法交易的监管:框架或人为监督和直接市场干预

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022006

Joseph Lee, Lukas Schu

引用次数: 1

Equivalence Decisions in the EU and UK Financial Services Sectors Post-Brexit 英国脱欧后欧盟和英国金融服务业的对等决策

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022021

Emil Nästega°rd

引用次数: 0

The Challenge of Regulatory Complexity 监管复杂性的挑战

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022019

A. Horsch, Jacob Kleinow

引用次数: 0

Reconciling Lopsided Mandates, Secondary Objectives and the Importance of Sustainability: The Role of the European Central Bank in the Single Supervisory Mechanism 协调分散的授权、次要目标和可持续性的重要性：欧洲央行在单一监管机制中的作用

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022015

Kern Alexander

{"title":"Reconciling Lopsided Mandates, Secondary Objectives and the Importance of Sustainability: The Role of the European Central Bank in the Single Supervisory Mechanism","authors":"Kern Alexander","doi":"10.54648/eulr2022015","DOIUrl":"https://doi.org/10.54648/eulr2022015","url":null,"abstract":"The article analyses the institutional and legal framework governing the ECB’s monetary policy competence to promote price stability alongside its banking supervisory objectives as set forth under the Single Supervisory Mechanism Regulation. The article argues that the ECB’s primary mandate to promote price stability in the EU Treaty creates an imbalance in its institutional competence to pursue other secondary objectives referred to in the Treaty and in EU legislation. It is further argued that this so-called lop-sided mandate in favour of the price stability objective may undermine its effectiveness in pursuing other objectives, such as banking sector stability, climate change mitigation and in addressing other emerging financial risks. The article proposes some modifications to the current separation of competences within the ECB in order to achieve more institutional balance so that its objectives can be more effectively carried out.\u0000Banking Union, Single Supervisory Mechanism, European Central Bank, banking supervision, price stability, secondary objectives, monetary policy, economic policy, sustainability, regulation","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48703749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Digital Finance and Beyond in the Third Decade of the 21st Century - Observations with a Focus on the EU Policy and Legal Perspective 21世纪第三个十年的数字金融及其他领域——以欧盟政策和法律视角为重点的观察

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022014

Gudula Deipenbrock

引用次数: 1

The Journey to Open Finance: Learning from the Open Banking Movement 开放金融之旅:从开放银行运动中学习

European Business Law Review Pub Date : 2022-04-01 DOI: 10.54648/eulr2022018

Francesco De Pascalis

引用次数: 1