Although the European Insolvency Regulation does not provide limitations on comi-migration, comi-migration can lead to the application of the principle of abuse of Union law. This article provides a theoretical framework to distinguish between abusive and non-abusive comi-migration....

Four developments warrant revisiting the debate on full priority and taking steps to implement a partial priority system. The first development is that secured credit increasingly results in a complete lack of funds to cover the expenses of the insolvency procedure. The second development is...

Governments have bailed out banks that were considered Too Big To Fail (TBTF). In an attempt to end these bail-outs, The European Commission has presented a proposal for a Directive for a European Framework on Recovery and Resolution of Credit Institutions and Investment Firms. This article...

We identify a key trade-off between protecting property rights and enhancing reliance on contracts. For instance, when a dishonest intermediary transfers a good to an innocent buyer without the owner's consent, who between buyer and owner should retain the good? We show that the optimal...

This paper discusses how China has made a move towards society-based regulation, enabling citizens to aid in the implementation of regulatory law. It discusses the necessity of this development in the light of the government’s problems in enforcing its laws. The paper contends that citizens...

Postal services play a vital role in people’s life across the EU and affordable and reliable postal services are essential to realize the EU’s Digital Single Market. The liberalization of the postal sector and the establishment of a single market for postal services in the EU has been...

When emergencies strike in the EU – a forest fire, a pandemic outbreak or a terrorist attack – these events are initially addressed by the executive branch. More particularly, they are addressed within the administrative branches where the authority, expertise and specialisation is organized...

Stablecoins are crypto-assets that purport to maintain a stable value by referencing other physical or financial assets. Stablecoins are attracting considerable attention as a new way of creating private money.From a regulatory standpoint, most of the debate has so far revolved around two main...

The concept of settlement finality sits at the heart of any type of commercial transaction; whether the transaction is in physical or electronic form or is mediated by fiat currencies or cryptocurrencies. Transaction finality refers to the exact moment in time when proprietary interests in the...

As the EU’s competences and activities in external relations expand, more and more documents held by EU institutions potentially fall within the scope of the ‘international relations’ and ‘defence and military matters’ exception contained in the EU’s Access to Documents Regulation...