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Money Law, Capital, and the Changing Identity of the European Union

Author : Gabriella Gimigliano
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 26,40 MB
Release : 2022-09-08
Category : Law
ISBN : 1509956816

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This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

Money Law, Capital, and the Changing Identity of the European Union

Author : Gabriella Gimigliano
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 25,43 MB
Release : 2022-09-08
Category : Law
ISBN : 1509956808

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This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

Instruments of EU Corporate Governance

Author : Hanne S. Birkmose
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 27,36 MB
Release : 2022-12-09
Category : Law
ISBN : 9403541733

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European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and corporate law delve into how such issues and topics as the following are approached across the spectrum of corporate governance instruments available in Europe: corporate codes of conduct; procedural rules regulating how directors make decisions; rules on board composition and remuneration; regulating boards in small- and medium-sized enterprises; public enforcement of directors’ duties; how digitalisation may affect implementation of corporate governance instruments; reporting rules; rules on the empowerment of minority shareholders; the role of the general meeting; regulation of the market for corporate control; certifications; rules on liability of directors; and role of auditors and accountants. In its in-depth analysis of the benefits and potential disadvantages of each instrument and what may be achieved both at company level and generally, this book will prove of value to all concerned with promoting responsible corporate governance, whether in business, government, or academia.

The European Banking Regulation Handbook, Volume I

Author : Christos V. Gortsos
Publisher : Springer Nature
Page : 590 pages
File Size : 31,25 MB
Release : 2023-06-10
Category : Business & Economics
ISBN : 3031328590

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In two volumes, this book covers in a comprehensive, internally balanced, systematic and detailed way the field of European Union (EU) banking law and regulation. In three parts, Volume I offers a brief introduction to the role of banks in the contemporary financial system and the theory of banking regulation, a thorough analysis of international financial standards which are contained in the sources of public international banking law (and of public international financial law, in general), a detailed presentation of the gradual evolution and the sources of EU banking law, as well as a precise analysis of the law-making process and the key institutional aspects of this branch of EU economic law. The standards and rules adopted and the institutions created in the aftermath of the (2007-2009) global financial crisis and the subsequent euro area fiscal crisis, as well as during the current pandemic crisis are discussed, as appropriate. A detailed analysis of the substantive aspects of EU banking law will follow in Volume II

The European Monetary Union

Author : Helmut Siekmann
Publisher : Bloomsbury Publishing
Page : 1529 pages
File Size : 26,73 MB
Release : 2021-12-23
Category : Law
ISBN : 1509918981

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This book provides a commentary on the law of the EU related to the Monetary Union. It contains a comprehensive analysis of all provisions of the Statute of the European System of Central Banks (ESCB) and the European Central Bank (ECB). In addition, the book also analyses all provisions of the Treaties themselves which regulate the ESCB and the ECB. This analysis is supplemented by commentaries on other Protocols which contain relevant rules for the Monetary Union. In essence, all relevant statutory rules governing the euro and its key monetary authority, the European Central Bank, are unfolded and explained in one volume. This gives the book a unique position in the legal literature on the law of the EU. With contributions by renowned academics and practitioners, this book is an expanded and updated translation of the 2013 German commentary, EWU Kommentar zu Europäischen Währungsunion (Mohr Siebeck) and is an invaluable resource for practitioners and academics alike who are looking for a provision-by-provision commentary on the laws governing the European Monetary Union.

The Payment Services Directive II

Author : Gimigliano, Gabriella
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 16,40 MB
Release : 2021-12-14
Category : Law
ISBN : 1839105682

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This comprehensive and essential Commentary examines both the origins and effect of the EU’s 2015 Payment Services Directive (PSD2). Addressing a significant gap in the available literature, the book is divided into two parts: Part I analyses the legislative provisions of the Directive, while Part II explores the PSD2 implementation experience in selected EU Member States as well as in the United Kingdom.

Money, Payment Systems and the European Union

Author : Gabriella Gimigliano
Publisher : Cambridge Scholars Publishing
Page : 255 pages
File Size : 37,22 MB
Release : 2016-12-14
Category : Business & Economics
ISBN : 144385719X

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When the term “governance” is associated with money, the mind goes directly to the traditional regulatory paradigm, i.e. the nation State-Central Banking-Currency. However, over time, there has been a steady erosion of the nation states’ sovereignty, also in the area of monetary law. This process of erosion is still working from within and externally to the nation State or, in other words, from upwards to downwards and vice versa. Moving from upwards to downwards, highly interconnected financial markets have urged the national competent authorities to improve the global level of coordination in terms of sharing regulatory standards, supervisory models and risk-monitoring procedures. In the downwards-upwards direction, the concept of sovereignty is critically revised from the perspective of new and alternative means of payment, thanks to the growth of e-commerce and mobile commerce and new complementary currency projects. The European Union is a feasible institutional context in which to investigate the development of the governance of money. Indeed, the EU, considered as a “unique economic and political partnership”, has not laid down a clear-cut definition of money, but the Member States have been carrying on a varying transfer of sovereignty and, in particular, of monetary sovereignty. This book examines money as a means of payment and a reserve of value within the framework of the European Union, with particular attention to community-based currencies. This book will prove an interesting and informative read for academics, students and policymakers with an interest in the development of monetary and financial systems.

European Community Law on the Free Movement of Capital and Emu

Author : Mohamed
Publisher : Martinus Nijhoff Publishers
Page : 400 pages
File Size : 23,75 MB
Release : 2023-09-20
Category : Law
ISBN : 9004638334

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This book deals with the EC rules on the free movement of capital and economic and monetary union (EMU). In the context of capital freedom, the author performs a critical analysis, supported by case law, of the problems connected with the abolition of capital controls within the European Community and between the European Community and third countries. The book highlights some of the negative consequences of capital freedom, such as the scope for tax evasion and money laundering. EC rules on EMU, such as the rules on convergence criteria, Stability and Growth Pact, the euro and the continuity of contract, and others, are also presented in a detailed and critical manner.

The History of the European Union

Author : Giuliano Amato
Publisher : Bloomsbury Publishing
Page : 587 pages
File Size : 26,21 MB
Release : 2019-02-07
Category : Law
ISBN : 1509917438

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The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.