ABSTRACT: The material presents an analysis of the evolution of the insolvency approach at the level of the European Union as a result of the economic-financial crisis from 2009-2013 and beyond. As is well known, the Member States of the European Union have different legal systems, and their harmonization has been and is a desideratum of the management of this entity of public international law, but the practical materialization encounters a series of difficulties. Insolvency is an area of commercial law, and it has undergone a remarkable evolution lately, given on the one hand the evolution of the economy, but also the strong influence of Anglo-Saxon legislation that has proven to be much more effective. In practice. Hardly, but surely, the traditionalist legal systems for which bankruptcy is a punishment, have embraced the idea that a remedial bankruptcy is much more beneficial to the economy and have changed domestic law. At this stage, with similar domestic insolvency laws at Member State level, the European Union's leadership is in a position to adopt uniform and extremely useful rules for its economy. KEYWORDS: insolvency, restructuring, second chance, honest debtor, risk prevention, debt remission
In: Zeitschrift für Staats- und Europawissenschaften: ZSE ; der öffentliche Sektor im internationalen Vergleich = Journal for comparative government and European policy, Band 1, Heft 2
ÖZETAvrupa kimliği tarih boyunca bir inşa sürecindedir. 1950'lerde başlayan Avrupa entegrasyon süreciyle birlikte inşa süreci ilk kez bir kurumsal çerçeve içerisinde devam etmektedir. AB, hem üye devletler, hem de vatandaşları arasında yakın ve yoğun bir etkileşim ortamı sağlamaktadır, bu da üye devletlerin ve vatandaşlarının kimliklerini etkilemektedir. Avrupa kimliği inşa sürecinde, kültürel ve yurttaşlıkla ilgili referanslar, ayrıca faydacı yaklaşım farklı dönemlerde kullanılmıştır. Siyasi entegrasyon sürecinin 1990'larda hızlanması, özellikle Maastrict Antlaşması ile, AB'nin meşruiyeti ile yakından bağlantılı olan Avrupa kimliğine karşı artan bir ilgi ortaya çıkmıştır.AB siyasi elitleri ve AB kurumlarının, özellikle de Komisyon ve Avrupa Parlamentosu'nun Avrupa kimliğinin inşa sürecinde çok önemli rolleri olmuştur. AB'nin eğitim, kültür ve işitsel-görsel politikaları Avrupa kimliğinin inşa sürecinde etkili olmuştur ama bu etki sınırlıdır, çünkü bu politikalar temel olarak ulusal hükümetlerin kontrolü altındadır. AB, Avrupa halklarının AB'ye olan bağlılıklarını arttırmak için AB bayrağı gibi bazı semboller kullanmıştır. Maastrict Atlaşması'yla AB vatandaşlığı ortaya çıkmıştır, fakat üye devlet vatandaşlığına bağlıdır. Anayasal Antlaşma hazırlanmış, fakat Fransa ve Hollanda'daki referandumlarda reddedilmiştir.Ulus inşa süreci ve Avrupa kimliğinin inşası farklı şartlarda ortaya çıkmışlardır ve farklı özellikleri vardır, ama Avrupa kimliğinin inşa sürecinde AB'nin meşruluğunu sağlamak ve siyasi entegrasyon sürecine devam edebilmek için, ulus inşasının araçlarına benzer bazı araçlar kullanılmıştır. Avrupa kimliği, ulusal ve bölgesel kimliklerle etkileşim halindedir. Bu etkileşim hem Avrupa kimliğinin inşa sürecini, hem de AB içindeki ulusal ve bölgesel kimlikleri etkilemektedir. Türkler ve Avrupalılar yüzyıllar boyunca etkileşim halindedir ve birbirlerinin kimlik inşa süreçlerini etkilemişlerdir. Özellikle Türkiye'ye Aralık 1999'daki Helsinki Zirvesi'nde AB tarafından resmi adaylık statüsü verildiğinden beri daha yakın ve yoğun bir etkileşim içindedirler. Avrupa kimliğinin AB içindeki inşa süreci Türkiye ile olan etkileşiminden, özellikle de Türkiye'nin üyeliğinin Avrupalılığı açısından tartışılmasından da etkilenmektedir.ABSTRACTEuropean identity has been in a construction process throughout history. This process has been still ongoing, but for the first time this construction takes place within an institutional framework provided by the European integration process since the 1950s. The EU provides a close and intense environment for interaction among the Member States and their citizens which has affected the identities of the Member States and their citizens. During the construction process of European identity within the EU, both cultural and civic references and a utilitarian approach have been used at different time periods. With the acceleration of the political integration process in the 1990s, there has been an increasing concern with European identity which is closely related with legitimacy of the EU.The political elites of the EU and the EU institutions, especially the Commission and the EP have had crucial roles in the construction process of European identity within the EU. Education, cultural and audiovisual policies of the EU have been effective on the construction process of European identity, but to a limited extent, because they are mainly under the control of the national governments. The EU has used some symbols, such as the European flag in order to increase the feeling of belonging of the peoples of Europe to the EU. The EU citizenship was introduced with the Maastricht Treaty, but it is dependent on Member State citizenship. The Constitutional Treaty was prepared, but it was rejected in the referendums in France and Netherlands in 2005.Nation-building and construction of European identity emerged in different circumstances and have different characteristics, but during construction process of European identity within the EU, some similar instruments to those of nation-building have been used in order to establish legitimacy of the EU and to go on the political integration process. European identity has been in interaction with national and regional identities. These interactions have affected construction process of European identity, also national and regional identities in the EU. Turks and Europeans have been in interaction for centuries, thus, they have affected construction process of each others' identities. They have been in a closer interaction process, especially since Turkey was given an official candidate status at the Helsinki Summit in December 1999 by the EU. Construction process of European identity within the EU has been also affected by its interactions with Turkey, especially through questioning Turkey's membership in terms of its Europeanness.
Originally published in 1976, Democracy and Government in European Trade Unions is a detailed and practical examination of the organisational structure and internal control of trade unions in 8 Western European countries. It provides an introduction to the characteristics and styles of trade unionism in Europe. Written at a time when the international dimension of trade unionism had taken on a new significance, this comprehensive study explains and compares fundamental issues of union organisation and administration. The relationship between individual unions and the national confederations is described and the internal operation of unions in the engineering, textile and railway unions of the various countries examined. This guide to the ways and means of European trade unionism during the 1970s will be of interest to students of industrial relations and trade unionists.
This book's thirteen contributions bring together the results of recent research on determinants of regional specialization, growth, and convergence in the context of European integration. They offer fresh theoretical and empirical evidence on patterns of regional production structures, specialization, regional disparities, convergence and divergence processes, and evaluation of cohesion policies on both current and future European Union (EU) member states in the context of increased integration. These subjects are addressed in both individual and cross-country analysis using innovative methodologies. They examine structural changes and economic performance differentials across regions and countries in an enlarged EU as well as on evaluating existing policies aimed at reducing economic imbalances. This unique empirical analysis uses data sets in particular from the EU accession countries, and it presents for the first time in a unified framework theoretical foundations and empirical results of models used in the evaluation of cohesion politics. The evaluation of cohesion policies in Ireland is used as a benchmark to compare recent evaluation experiences with models in Estonia, Hungary, and Poland. Integration, Growth and Cohesion in an Enlarged European Union will be of particular interest to researchers and policy makers working in the fields of economic integration, transition economies, and regional development.
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European Union has entered into a turning point of its history. The number of member-states has increased nearly 5-fold. Therefore, the need of new institutional and legal solution is urgent. Political context of the undergoing integration processes is different than at the beginnings: the "cold war" is the past. The threat of large military conflict is in Europe smallish. New threats and challenging are emerging, instead of: terrorism, organized crimes and natural environment protection. There are new "actors" at the global economic and political scene – with increasing importance of China, India and other "emerging markets". A historical perspective leads to better understanding of these processes and to find better solutions. And brings to light foundations of the European unity: common civilization values and the aim of peaceful development.
The first half of the 2000s was characterised by unprecedented political reform in Turkey encouraged by the prospects of EU membership. These reforms helped to improve the quality of democracy as well as the cultural rights of the Kurdish minority in the country. Yet, the Kurdish problem remains far from being resolved. The paper argues that it is, at least partly, the European Union that bears responsibility for the failure of the government's Kurdish "opening", which, when launched in the summer of 2009, had aspired to solve the Kurdish problem in Turkey. Adapted from the source document.
Intro -- Contents -- List of Features -- List of Abbreviations and Acronyms -- Acknowledgements -- Introduction -- Goals and themes of the book -- What's new in this edition? -- 1 What is the European Union? -- The EU in context -- The dynamics of regional integration -- Explaining the EU today -- The EU as a federal system -- The EU as a confederal system -- Conclusions -- Further Reading -- 2 The Idea of Europe -- The origins of Europe -- Early thoughts on European unity -- Where is Europe? -- Who are the Europeans? -- Conclusions -- Further Reading -- 3 The Evolution of the EU -- Post-war Europe -- First steps towards integration (1948-55) -- The European Economic Community (1955-86) -- Focus on the single market (1986-92) -- From Community to Union (1992-2003) -- The EU looks east (2003-13) -- The era of crisis -- Conclusions -- Further Reading -- 4 The European Institutions -- A constitution for Europe -- The European Council -- The European Commission -- The Council of the European Union -- The European Parliament -- The European Court of Justice -- Conclusions -- Further Reading -- 5 The EU and its Citizens -- The democratic deficit -- Public opinion and the EU -- Euroscepticism -- European citizenship -- Participation and representation -- European elections -- Referendums -- Interest groups -- Other channels -- Conclusions -- Further Reading -- 6 The EU Policy Process -- The changing balance of authority -- The EU policy environment -- The policy cycle -- Agenda-setting -- Formulation -- Adoption -- Legitimation -- Implementation -- Evaluation -- Features of EU policy -- Compromise and bargaining -- Political games -- Incrementalism -- Differentiated integration -- Spillover -- The EU budget -- Conclusions -- Further Reading -- 7 Economic Policy -- The EU economy in its global context -- Foundations of the single market.
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By studying the factors underlying differences in trade performance across European economies, this paper derives six different "trade models" for 22 EU-countries and explores their developmental and distributional implications. We first introduce a typology of trade models by clustering countries based on four key dimensions of trade performance: endowments, technological specialization, labour market characteristics and regulatory requirements. The resulting clusters comprise countries that base their export success on similar trade models. Our results indicate the existence of six different trade models: the "primary goods model" (Latvia, Estonia), the "finance model" (Luxembourg), the "flexible labour market model" (UK), the "periphery model" (Greece, Portugal, Spain, Italy, France), the "industrial workbench model" (Slovenia, Slovakia, Poland, Hungary, Czech Republic), and the "high-tech model" (Sweden, Denmark, Netherlands, Belgium, Ireland, Finland, Germany and Austria). Subsequently, we comparatively analyse the economic development and trends in inequality across these trade models. We observe a shrinking wage share and increasing personal income inequality in most of the trade models. The "high-tech model" is an exceptional case, being characterised by a relatively stable economic development and an institutional setting that managed to counteract rising inequality.
By studying the factors underlying differences in trade performance across European economies, this paper derives six different "trade models" for 22 EU-countries and explores their developmental and distributional implications. We first introduce a typology of trade models by clustering countries based on four key dimensions of trade performance: endowments, technological specialization, labour market characteristics and regulatory requirements. The resulting clusters comprise countries that base their export success on similar trade models. Our results indicate the existence of six different trade models: the 'primary goods model' (Latvia, Estonia), the 'finance model' (Luxembourg), the 'flexible labour market model' (UK), the 'periphery model' (Greece, Portugal, Spain, Italy, France), the 'industrial workbench model' (Slovenia, Slovakia, Poland, Hungary, Czech Republic), and the 'high-tech model' (Sweden, Denmark, Netherlands, Belgium, Ireland, Finland, Germany and Austria). Subsequently, we comparatively analyse the economic development and trends in inequality across these trade models. We observe a shrinking wage share and increasing personal income inequality in most of the trade models. The 'high-tech model' is an exceptional case, being characterised by a relatively stable economic development and an institutional setting that managed to counteract rising inequality.