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The European Union has had a uniform legal framework to transparency of major holdings and financial instruments since 2004. These provisions are to be reformed. In October 2011, the European Commission presented a proposal for a Directive to amend the Transparency Directive. This paper analyses...
Persistent link: https://www.econbiz.de/10013108074
German capital market law has been developing rapidly in response to the grievances that have arisen from the recent stock market boom. Both the German and the European legislator have been very active in response the new challenges. This paper seeks to provide an overview of the status of...
Persistent link: https://www.econbiz.de/10014189045
The European Commission has recently released a Proposal for a Regulation on market abuse, to increase investor confidence and market integrity in European capital markets law. One of its most innovative elements involves allowing Member States to provide financial incentives to whistleblowers...
Persistent link: https://www.econbiz.de/10014167056
In response to several scandals in the securities market, the European legislator introduced the Lamfalussy Process which aimed at expediting the legislation procedure in the field and advance harmonization, mostly to remain "competitive" with the US market. This article discusses and evaluates...
Persistent link: https://www.econbiz.de/10014189094
International securities regulation has arrived at the forefront of the country's debate on financial market reform. The global economic crisis has exposed the enormous systemic risk that can arise where securities are sold across borders. Meanwhile, the Bernie Madoff and Allen Stanford frauds...
Persistent link: https://www.econbiz.de/10013157605
This paper discusses problems of harmonisation and regulation of the European Internal Financial Market. The argument is that the current division of powers between the EU and Member States is not achieving sufficient harmonisation to develop an internal market. The obstacles to the Internal...
Persistent link: https://www.econbiz.de/10013132861
The Council is a crucial intergovernmental institution of the European Union. However, the complex, opaque and consensual character of the decision-making process in the Council puts its legitimacy into question. Intergovernmentalist theory posits that it is sufficiently legitimised, indirectly,...
Persistent link: https://www.econbiz.de/10012933789
This paper is the national report for Germany prepared for the to the 20th General Congress of the International Academy of Comparative Law 2018 and gives an overview of the regulation of crowdfunding in Germany and the typical design of crowdfunding campaigns under this legal framework. After a...
Persistent link: https://www.econbiz.de/10011793078
Persistent link: https://www.econbiz.de/10012766061
Domestic laws on the African continent have been considered inadequate to attract the investment needed for development and economic growth. A crucial catalyst in attracting investment on the continent is law reform. The formulation of legislation has twofold effects: firstly, it is perceived to...
Persistent link: https://www.econbiz.de/10013033594