Dissertations / Theses on the topic 'Transportation – Law and legislation – European Economic Community countries'

Defence date: 15 October 2007
Examining Board: Prof. Jacques Ziller, Relatore (IUE) ; Prof. Giuliano Amato, (IUE) ; Prof. M.P. Chiti, (Università di Firenze) ; Prof. Giacinto della Cananea, (Università di Napoli Federico II)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available

Defense Date: 08 March 2010
Membres du jury : Professeur Jacques Ziller, Institut universitaire européen (Directeur de thèse IUE / extérieur) Professeur Luis Miguel Poiares Maduro, Institut universitaire européen Professeur Gérard Marcou, Université Panthéon-Sorbonne Paris 1 Professeur Guido Corso,Università degli Studi, Roma Tre
First made available online 25 March 2019
Depuis quelques années, l'organisation des services publics locaux connaît dans la plupart des Etats membres de l'Union européenne d'importantes transformations. D’une part, l'organisation administrative des Etats change et les fonctions des collectivités territoriales sont redéfinies. D’autre part, les formes de la gestion des activités d’intérêt général font l'objet de réformes du fait de l'évolution du contexte normatif. Si des dynamiques internes expliquent en partie ces phénomènes, la part que la réception du droit communautaire joue dans ces développements, est significative. De fait, la libéralisation des services publics nationaux étant largement avancée, les institutions communautaires poursuivent désormais l'ouverture des marchés locaux. Les collectivités territoriales ne peuvent donc plus ignorer les règles de la concurrence et de la libre prestation des services. Or l'organisation traditionnelle des services publics locaux n'est pas toujours conforme à ces principes et nécessite des ajustements, voire des réformes drastiques. Il paraît donc utile d'étudier dans quelle mesure le droit communautaire affecte les services publics locaux, dans une perspective matérielle, c'est-à-dire sur le fond des activités, et d'un point de vue institutionnel, c'est-à-dire sur le rôle des collectivités territoriales. Les normes communautaires imposent-elles un modèle unique de gestion des services? La diversité des formes d'organisation locale est-elle prise en compte et respectée comme l'implique le principe de neutralité? L'encadrement réglementaire communautaire n'est-il pas finalement attentatoire à l'autonomie locale? A travers les exemples français et italien et une étude de secteur sur les transports publics de voyageurs, il appert que l'impact du droit communautaire sur les services publics locaux est tout-à-fait considérable. Cependant il ne faut pas négliger l’effet inverse qui s'illustre par la prise en compte par la Cour de justice et la Commission européenne, des pratiques locales et par la promotion en parallèle, dans le droit primaire de l'Union européenne, des services d'intérêt général et des autorités locales.

Defence date: 17 January 2011
Examining Board: Prof. Dr. Julia Black, London School of Economics and Political Sciences; Prof. Dr. Fabrizio Cafaggi, EUI; Prof. Dr. Hans-W. Micklitz, EUI (Supervisor); Prof. Dr. Ellen Vos, University of Maastricht.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis explores the impact of the increasing role of systematisation in European law on the example of EU risk regulation as a reference area. It argues that systematisation in European law has a much wider impact than what is regularly perceived as rationalisation. It creates a new integration-method, which economises European law to an extend that it effects the state-making and society building in EU law. In this respect, it also contributes to the legitimacy of EU legal action and shapes the EU constitution. Risk regulation forms an ideal test case for this thesis as it has emerged in recent years from a sector-specific and reactive field of law to an increasingly coherent and autonomous legal system at European level, which follows its own rules and procedures. While within the two main regimes of risk regulation, which I call ‘new approach’ and ‘new governance’, systematisation developed at a different speed and under different circumstances, these concepts are increasingly merged at European level. When I talk about the technique of systematisation, however, this concept requires adjustment as to the features of European law. While systematisation has been a main feature of the state-making agenda of nation-states, the same technique of systematisation in the EU nowadays creates a common market. Hence, in the EU, systematisation is in the first sense a tool of economisation. This impact of systematisation of risk regulation falls also within the EU’s competence. Although the principle of proportionality may require adjustments according to under- and over-inclusiveness of individuals and groups within systematised EU law, the EU legal order requires such systematisation in principle.

Defence date: 19 November 2010
Examining Board: Rainer Baubock (EUI); Gerard-René De Groot (Universiteit Maastricht); Marie-Ange Moreau (Supervisor, EUI); Bruno Nascimbene (Università degli Studi di Milano)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The main objective of this study is to examine the phenomenon of dual nationality in the European Union (EU), particularly against the background of the status of European citizenship - a status that is linked to the nationality of each EU Member State (Article 20(1) of the Treaty on the Functioning of the European Union provides that ‘citizenship of the Union shall be additional to and not replace national citizenship’). The study consists of two parts. The first part (Chapters 1 and 2) sets out the approach towards (dual) nationality in Private International Law and EU Law, in particular by analyzing the case law of the European Court of Justice (ECJ). The second part (Chapters 3- 6) consists of an overview of the dual nationality regimes in four EU Member States - France, Italy, the Netherlands and Spain -, and their possible effects on the EU as a whole. Chapter 2 of the thesis is entitled the ‘intra-EU context’, since it primarily deals with the ECJ’s approach towards a dual nationality consisting of two Member State nationalities. The country reports, on the other hand, deal with the ‘extra-EU context’ because the dual nationality policies of the countries under consideration predominantly affect non-Member State nationals. Thus, France and the Netherlands have for some time already faced the question how to integrate the (Muslim) immigrant population; Italy and Spain have long since adopted a system of preferential treatment for (Latin American) former emigrants and their descendants. The country reports demonstrate how dual nationality is used (or rejected) in these four countries. Finally, the question whether the EU should in time acquire (limited) competence in the field of European nationality law is one of the major themes of this study. Regardless of one’s stance on this question, it must be readily admitted that the subject of Member State autonomy in nationality law is becoming ever more salient with the enlargement of the Union and the growing relevance of European citizenship in the case law of the ECJ. In the opinion of this author, the study shows that the almost absolute autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU as a whole. Based inter alia on the findings from the country reports, this thesis takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.

Defence date: 27 May 1992
Examining board: Prof. Marie-Chantal Boutard-Labarde (Université de Paris X-Nanterre) ; Prof. Fausto Capelli (Université de Parme) ; Prof. Peter Müller-Graff (Université de Trier) ; Prof. Jürgen Schwarze (Supervisor - EUI) ; Prof. Jean Vergès (Université de Paris I)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

Supervisor: F. Snyder
Defence date: 6 March 1992
First made available online on 10 September 2013.
This research is an interdisciplinary approach to the EEC banking harmonization process. The methodology employed consists in focusing the subject from the legal, economic and political Science perspectives. Therefore, the underlying purpose of the research is to study the legal outcomes within their context. The research is subdivided in several parts. The first part is a legal approach to both the first and second Banking Directives as the cornerstones of the EEC banking harmonization process. The detailed analysis of both Directives from an EEC legal perspective is a condition precedent for the understanding of how is being shaped the Community Financial Policy. The Second Part is a political science approach to the role of interest within the EEC decision making process. More specifically, it is an attempt to show how banks can influence legislators for the achievement of their objectives. An additional study to this second part, is constituted by the analysis of the Community policies in consumer protection. This sector provides us with comparative information for an estimation of the importance of "interest” within the shaping of regulatory policies within the EEC. A socioeconomic approach to credit institutions strategies1 for the controlling of financial markets is the subject of the third part. Through the study of the United States current "deregulatory" trends, we show the interrelationship between the world financial markets. A second stage of this part connects the European context with the other representative world financial markets. Thus, similar behaviours can be remarked, which leads the author to the conclusion that neither national governments, nor the European Institutions are currently capable to regulate financial markets without a previous “consensus" with the financial institutions. The fourth part of the research consists in a critical approach to the institutional behaviour of the Community as regards policy-making for the achievement of an integrated financial market by 1992. This analysis shows that credit institutions, whose profits are greatly affected by public policy, have an extraordinary capacity to innovate and adapt, notably as a way of lawfully avoiding the effects of "public Controls”. Each of the four parts of the research used the same methodology. First, there is an introduction to establish the guidelines of the research approach to the subject. Secondly, there is a detailed analysis of the main issues constituting the field of the study. Thirdly, we draw some conclusions from the research.

Defence Date: 20 January 2011
Examining Board: Prof. Marie-Ange Moreau (European University Institute); Prof. Marise Cremona (European University Institute); Prof. Catherine Barnard (University of Cambridge); Prof. Claire Kilpatrick (London School of Economics and Political Science)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses

Defence Date: 28 January 2011
Examining Board: Prof. Christian Joerges, University of Bremen (Supervisor); Prof. Hans-Wolfgang Micklitz, EUI; Prof. Luisa Antoniolli, University of Trento; Prof. Geraint Howells, University of Manchester
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using consumer credit regulation as a case study, this thesis investigates how the specific legislation in this field can be explained by the major streams of economic philosophy. Based on an analysis of the evolution of European consumer credit legislation it is shown how the EU legislator’s approach towards consumer protection has changed and, more importantly, who are the addressees of this legislation. Finally, the thesis discusses how the role of contemporary consumers is conceptualized by European legislators. It can be shown that EU consumer credit regulations are a perfect example for illustrating the wider changes in EU consumer legislation. The thesis addresses the question whether consumer credit legislation is only regulated by economic law or also by social law and hence, whether it has a social dimension in addition to an economic one. Further, it discusses the implications of two competing approaches to consumer regulation, namely a free consumer credit market (neoliberal approach) and one that is characterized by public intervention (social market approach). On the European level, the issue of the character of law which regulates consumer credit has consequences on the legislative competences shared by the EU and member states legislators in this respect. This is inseparable from the question concerning the choice between the minimum or maximum harmonisation approaches. The core argument of this thesis is that all above-mentioned aspects converge into a common focal point in that there is tension between two fundamental goals of the European Community, namely economic efficiency (understood as a competitive market society) and consumer protection (understood as, broadly speaking, a social justice society with its distributive role). The dissertation discusses whether and how these two goals can be reconciled, and which of them actually prevails in the EU consumer credit legislation.

Defence date: 1 June 1992
Supervisor: Prof. Christian Joerges ; Co-supervisor: Prof. Barry Hawk
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

Defense date: 24 May 2010
Examining Board: Prof. Giancarlo Corsetti, EUI, Supervisor; Prof. Andrew Bernard, Tuck School of Business at Dartmouth; Prof. Russell Cooper, EUI; Prof. Jonathan Eaton, New York University
Countries are increasingly linked internationally. The three models developed in this thesis shed light on how firms and governments respond to the increasing interconnectedness of the world economy, analyzing profit taxation, trade finance and government intervention in the event of a contagious banking crisis. They can help understand in how far integration is beneficial or harmful and what optimal policies might be. My first paper, which is joint work with Sebastian Krautheim, is based on the finding that larger firms are more likely to use tax haven operations to exploit international tax differences. We study a tax game between a large country and a tax haven modeling heterogeneous monopolistic firms, which can shift profits abroad. We show that a higher degree of firm heterogeneity increases the degree of tax competition, i.e. it decreases the equilibrium tax rate of the large country, leads to higher out flows of its tax base and thus decreases its equilibrium tax revenue. Similar effects hold for a higher substitutability across varieties. My second paper takes a first step towards building a theory of trade finance. Cross border transactions are conducted using different payment contracts, the usage of which varies across countries and over time. I build a model that can explain this observation and study its implications for international trade. In the model exporters switch between payment contracts optimally, trading of differences in enforcement and efficiency between financial markets in different countries. I find that the ability of firms to switch contracts is key to understand how trade flows respond to variations in financial conditions. Numerical experiments with a two-country version of the model suggest that limiting the choice between payment contracts reduces traded quantities by up to 60 percent. The third paper, which is joint work with Friederike Niepmann, analyzes ex-post intervention by governments in response to international banking crises under different cooperation regimes. Financial institutions are increasingly linked internationally and engaged in cross-border operations. As a result, financial crises and potential bail-outs by governments have important international implications. Extending Allen and Gale (2000) we provide a model of international contagion allowing for bank bail-outs financed by distortionary taxes. We single out inefficiencies due to spillovers, free-riding and limited burden-sharing. When countries are of equal size, an increase in cross-border deposit holdings improves, in general, the non-cooperative outcome. For efficient crisis management, ex-ante fiscal burden sharing is essential as ex-post contracts between governments do not achieve the same global welfare.