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EU Food Law Regulation
The volume presents the results of a symposium held at Bocconi University in October 2015, on the occasion of the Universal Exposition of Milan “Feeding the Planet, Energy for Life”, and it brings together the inter-disciplinary viewpoints of different academics and practitioners that in their day to day work are in many ways exposed to this emerging area of study and practice. In particular, the broader purpose of the papers collected here is to critically reflect on the current state of the food legislation in Europe with the aim of encouraging further debate in a country, like Italy, in which for historical and cultural reasons food has always played a very special and prominent role....
Reducing Legal Risk Within the Financial Sector
The article retraces the steps employed by the European Union to mitigate the risk arising across Member States from financial collateral arrangements, especially in a cross-border context. In this respect it draws attention to the rationale of the Financial Collateral Directive (FCD) and, after more than a decade, it analyses the extent to which the FCD has succeeded in achieving its objectives. In particular, the article studies the deadlocks in implementation of the FCD in the UK under the Financial Collateral Arrangements (No 2) Regulations 2003 in order to illustrate the unresolved legal uncertainties. The article draws attention also to the various strategies set forth and partially undertaken by the international community to overcome the lack of full harmonisation by stressing the importance of the flexible “place of the relevant intermediary approach” (PRIMA) rule on conflict of laws. Yet, despite the efforts, most of the legal flaws are far from being fixed at international, EU, and even domestic level.
Procedimento amministrativo
La legge n. 241/1990 ha costituito un punto di svolta nell’ordinamento amministrativo italiano e nei rapporti tra cittadini e pubbliche amministrazioni, introducendo un nuovo modello che pone l’accento sulle garanzie e sui diritti del cittadino che entra in contatto con l’amministrazione e offrendo a tutti gli operatori (magistrati, avvocati, funzionari pubblici e giuristi d’impresa) le coordinate generali per la gestione e la valutazione dei procedimenti amministrativi. Sia la giurisprudenza che il legislatore sono intervenuti ripetutamente a perfezionare e integrare il testo originario della legge (da ultimo con il d.l. n. 113/2014, convertito con modificazione dalla legge n. 164/2...
Intermediated Securities
In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
Intermediated Securities
Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by ...
