Author(s):  
Giudici Paolo

This chapter focuses on Italian law. Italian securities law refers to ‘prospectus’ as the document that has to be published when there is an offer to the public of transferable securities and units issued by collective investment undertakings of the closed-end type, an offer of any other type of financial product or, finally, a request for admission to trading on a regulated market. The prospectus is the document that is drafted in accordance with the EU Prospectus Regulation. The scope of Italian prospectus regulation is moreover wider than the scope of the EU Prospectus Regulation. Prospectus liability in Italy is today governed by specific rules that incorporate many of the issues that were debated by scholars and courts before the enactment of those specific statutory rules. Currently, the main issue seems to be whether those statutory rules express principles to be applied to all forms of material misstatements or omissions to the market, or are just a part of the general framework concerning liability to the market.


2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.


2011 ◽  
Vol 2 (2) ◽  
pp. 193-195
Author(s):  
Dennis Paustenbach ◽  
Julie Panko

In this issue of the journal, Dr. Ragnar Lofstedt examines the current state of the EU regulatory framework with respect to chemicals and illustrates how the hazard-based approach sealed the fate of two important chemicals in the EU market-place. He also explores how the attitudes, technical knowledge and economic influences of the individual member states determine the outcome of environmental and chemical regulations. Lastly, Dr. Lofstedt provides some recommendations to improve consistency in the European regulatory process and ensure greater scientific, as well as, risk-based regulations.


Author(s):  
P. Schmitz ◽  
E. Francesconi ◽  
B. Batouche ◽  
B. Dombrovschi ◽  
D. Duy ◽  
...  
Keyword(s):  
Eu Law ◽  

2019 ◽  
Vol 10 (1) ◽  
pp. 103-131
Author(s):  
Matti Niemivuo ◽  
Lotta Viikari

Cooperation among the Nordic countries has been a modest affair since Finland and Sweden joined the EU in 1995. In particular, one can cite the decline in what previously was robust collaboration in law-making. Moreover, no new important conventions have been concluded among the countries in the 2000s.The article argues that Nordic cooperation is at a crossroads. Many external and internal threats urge increased cooperation, such as the crisis in the EU following Brexit, the influx of asylum seekers, increased tension in the Baltic Sea, and the erosion of the Nordic welfare state. The particular threats and opportunities in the Nordic countries’ Arctic regions also signal a need for more intense cooperation. This is easier said than done, however, because the western Nordic states (Denmark, Iceland and Norway) differ in terms of legal system and security policy from the eastern ones (Finland and Sweden). An additional consideration is that Iceland and Norway do not belong to the EU; instead of membership they take part in economic integration as members of the Economic European Area.After an introduction, the article provides a succinct account of the development of Nordic cooperation from before the Second World War to the present day. The third section then goes on to discuss Nordic cooperation in different areas of law and government. This is followed by an analysis of the conventions concluded among the Nordic countries and how well they have functioned. Continuing with a salient and illustrative example, the article goes on to examine and assess the attempts to draft a Nordic Saami Convention, an instrument that would apply to Saami living in Finland, Norway and Sweden.In closing, the article evaluates the future prospects for Nordic cooperation in the form of collaborative law-making and conventions. Both seem to be rather difficult ways forward at the moment. One means for enhancing cooperation would be to improve the exchange of information. Encouraging examples in this regard are the Nordic Lawyers’ Conference, held in August 2017 in Helsinki, and the centenary meeting of the Nordic Federation of Public Administration, organised in 2018 in Iceland. An additional area that may have some potential for furthering cooperation is soft law.


2012 ◽  
Vol 12 (1) ◽  
pp. 103-121 ◽  
Author(s):  
Kristi Joamets

Abstract This article explores capacity to marry in depth, beyond the literal statements presented by legal acts in Estonia. Th e discussion will be focusing on answering the following questions: What is the nature of marriage capacity and how it has been developed in Estonia? What are the values that the Estonian Family Law Act (2010) protects when regulating marriage capacity? In addition a brief comparative analysis will seek to explain how different regulations of the EU member states on the same matter (marriage capacity) are. Th is can also help discussions on whether is it justified to talk about cultural differences of EU member states in the context of marriage capacity or not.


2017 ◽  
Vol 18 (4) ◽  
pp. 53-58
Author(s):  
Dorothee Fischer-Appelt

Purpose To analyse the changes brought about by the new EU Prospectus Regulation, which replaced the EU Prospectus Directive, which has been the cornerstone of EU securities regulation for over a decade. The Regulation is part of the EU Commission’s plans for a Capital Markets Union launched in September 2015, which is intended to achieve a true single market for capital across the EU and allow companies to access the capital markets in a more cost efficient way. Design/methodology/approach This article discusses the key changes to the European prospectus regime included in the new EU Prospectus Regulation and highlights the changes compared to the old prospectus regime. Findings The new Prospectus Regulation will change current prospectus rules and practice for both equity and debt issuances in several areas and will contribute to a more uniform European prospectus regime. For EU Member States, the format of a regulation (rather than directive) that the new Prospectus Regulation has taken means that there will be much less room for divergence of prospectus rules across its member states. The Regulation’s success in making EU capital markets more uniform will depend to a great extent on whether the application of the new rules by member states’ regulators will be more consistent. Originality/value Key EU securities law changes are explained by an experienced EU and US securities lawyer practising in London.


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