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Article 16 of the EBA Founding Regulation enables the EBA to issue guidelines and recommendations, while Articles 8 (1) (aa) and (ab) and 29 (2) of that Regulation enable it to develop a handbook for supervision and resolution. The European Court of Justice (ECJ or Court, hereinafter), in its...
Persistent link: https://www.econbiz.de/10014314124
Spontaneous norms, or simply norms, can be defined as rules of conduct that emerge without intentional design and in the absence of purposeful external coordination. While the law and economics scholarship has formally analyzed spontaneous norms, the analysis has typically been limited to...
Persistent link: https://www.econbiz.de/10014476688
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10012795452
The interface between trade and Internet governance is one of the most complex policy challenges in the current-day digital economy. This working paper highlights the following observations and findings on the delicate and complex relationship between international trade and the Internet: Recent...
Persistent link: https://www.econbiz.de/10011668175
This article outlines the development of English company law in the four centuries before 1900. The main focus is on the evolution of the corporate form and the five key legal characteristics of the corporation - separate legal personality, limited liability, transferable joint stock, delegated...
Persistent link: https://www.econbiz.de/10011587659
This contribution puts forward an approach to account for evolution of transnational private rule-makers. Morphing of organisations, procedures, and rules is suggested as a key strength of various forms of private authority. Directing our attention towards evolutionary dynamics, their impact on...
Persistent link: https://www.econbiz.de/10012627796
This paper analyzes the Judgement rendered on July 15 2021 by the European Court of Justice in Case 911/19 - Fédération Bancaire Française v. Autorité de contrôle prudentiel et de résolution. The Judgment is of paramount importance: it has, indeed, the potential to affect apparently...
Persistent link: https://www.econbiz.de/10012795254
Recent years have seen a rapid increase in legislation governing, protecting, and rewarding whistleblowers. Whereas the EU recently enacted a Directive protecting whistleblowers, the US has gone one step further long ago, not only protecting them but also offering substantial monetary rewards...
Persistent link: https://www.econbiz.de/10012594675
The Internet epitomizes globalisation. There are not many international treaties on Internet issues so far. For the time being, governance of the Internet by law will thus basically have to be governance by national law. Most cyber scholars are therefore in the business of exploring alternative...
Persistent link: https://www.econbiz.de/10011582675
The decrease in the rule of law and in control of corruption in several EU countries is a threat to the cohesion in the EU. Brexit has reinforced the centrifugal forces in the EU. To counter this threat the EU needs to engage in unpopular measures as they infringe on the Member States'...
Persistent link: https://www.econbiz.de/10011516715