The Meaning of Harmonisation in the Context of European Union Law – a Process in Need of Definition

Lohse, Eva Julia

doi:10.4337/9780857933171.00021

Cited by 10 publications

(3 citation statements)

References 2 publications

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“…Yet, it may also have a "Preventive" effect, leading to the introduction of new rules previously not previously contemplated by national legal frameworks. 48 In both circumstances harmonization measures would have to comply with the principles of subsidiarity and proportionality under the EU Treaties. 49 In other words, they must be in line with EU objectives and pertain to areas where retaining national provisions would be inadequate for these aims.…”

Section: Harmonizing Effects Of Art 25 On the Scope Of Directors' Dutiesmentioning

confidence: 99%

Article 25 of the Proposal for a Directive on Corporate Sustainability Due Diligence: Enlightened Shareholder Value or Pluralist Approach?

Agostini¹,

Corgatelli²

2022

EUCL

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On February 23 2022, the European Commission published the long-awaited Proposal for a Directive on Corporate Sustainability Due Diligence. Art. 25 of the Proposal also includes an attempt to harmonize "Directors' Duty of care". This Article contextualizes the approach adopted by the European Commission and it compares it to the UK "enlightened shareholder value" approach enshrined under S. 172 of the Companies Act 2006. The comparison allows to draw preliminary conclusions on the potential harmonizing effects of Art. 25 on the formulation and enforcement of directors' duties across the legal frameworks of the EU jurisdictions.

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Section: Harmonizing Effects Of Art 25 On the Scope Of Directors' Dutiesmentioning

confidence: 99%

Article 25 of the Proposal for a Directive on Corporate Sustainability Due Diligence: Enlightened Shareholder Value or Pluralist Approach?

Agostini¹,

Corgatelli²

2022

EUCL

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“…101 Some commentators have claimed that because this phenomenon of natural convergence does not emanate from the supranational level, it is difficult to channel. 102 On the other hand, others have argued that this "'hands-off' approach … is much more likely to lead to (efficient) harmonised restructuring/insolvency frameworks across Member States" than a stricter top-down approach to harmonisation. 103 A possible strategy for the EU to circumvent the psychological biases discussed in Section 2 therefore, is to allow for this so-called "legal transplantation" process 104 to happen, ultimately resulting in an increased similarity of insolvency rules, and to codify the outcome of this convergence in a supranational instrument.…”

Section: Convergence Through Peer Effects Conformitymentioning

confidence: 99%

Applying Social Psychology Theories to the Challenges of Harmonising Insolvency Law in the European Union

Ghio

2020

SSRN Journal

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The harmonisation of insolvency law in the European Union has proven challenging. Obstacles such as the protection of national sovereignty, the preservation of legal cultures and a preference for regulatory competition have been studied extensively in the literature. This paper takes a novel approach by providing a perspective from the field of social psychology to further our understanding of the challenges of harmonising insolvency law in the EU. Selected psychological biases are identified, explained and applied to the harmonisation process. Solutions to overcome these biases are also discussed, as it is argued that progress in this area can be achieved by targeting strategies that can overcome these biases.

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“…16 It is due to these characteristics that legal scholars place them at the same level of legal hierarchy as national statutory acts of Member States. 17 Since an EU regulation has a general and direct application, it is not necessary to implement it at the level of Member States. 18 However, in some cases, implementation measures are required by EU regulations themselves in order to ensure uniform application across the Union.…”

Section: Regulations and Directives As Means Of Harmonization Of Eu Lawmentioning

confidence: 99%

The Role of Opening Clauses in Harmonization of Eu Law: Example of the Eu’s General Data Protection Regulation (Gdpr)

Mišćenić

Hoffmann

2020

EU and Comparative Law Issues and Challenges Series

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As the main tool for the achievement of the proper functioning of the internal market, the Union is focused on the process of harmonization. The role of harmonization in the EU's internal market is to remove barriers to trade and to facilitate free movement of goods, persons, services, and capital (as well as payment). This can be achieved in many ways, including through the adoption of harmonization, i.e., approximation measures, such as directives and regulations. The established CJEU case law confirms that the aim of harmonization measures is to 'reduce disparities between legal systems.' This aim's realization very often depends upon the form of the chosen harmonization measure and the level of harmonization the measure is based on (e.g., minimum, maximum, full (targeted) harmonization). However, today, we are faced with changes in the regulatory approach of the EU legislator and these changes are greatly affecting the process of harmonization. Due to the increased level of harmonization, EU directives are starting to appear and function more like EU regulations, and vice versa. Because of numerous optional clauses, clauses of minimal harmonization, and the so-called 'opening clauses', EU regulations are not reducing but enabling 'disparities between legal systems.' As an example, authors are analyzing the EU's General Data Protection Regulation (GDPR) containing more than 69 opening clauses, which play an important role in the process of harmonization and present an instrument of interplay between EU law and Member States' laws.

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The Meaning of Harmonisation in the Context of European Union Law – a Process in Need of Definition

Cited by 10 publications

References 2 publications

Article 25 of the Proposal for a Directive on Corporate Sustainability Due Diligence: Enlightened Shareholder Value or Pluralist Approach?

Article 25 of the Proposal for a Directive on Corporate Sustainability Due Diligence: Enlightened Shareholder Value or Pluralist Approach?

Applying Social Psychology Theories to the Challenges of Harmonising Insolvency Law in the European Union

The Role of Opening Clauses in Harmonization of Eu Law: Example of the Eu’s General Data Protection Regulation (Gdpr)

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