VOL. 12 - REGULATION (EU) N° 2015/848 OF 20 MAY 2015 ON INSOLVENCY PROCEDURES, ARTICLE-BY-ARTICLE COMMENTARY
. (in French)Under the sicentific direction of Laura Sautonie-Laguionie and with the coordination of Laura Sautonie-Laguionie and Cécile Lisanti.
The practical interest of Regulation (EU) N° 2015-848 of 20 May 2015, which recasts Regulation (EC) N° 1346/2000 of 29 May 2000, is clear since it determines which court has jurisdiction to open a transnational insolvency procedure, what will be the applicable law and what the effects of the procedure will be in the different states concerned. But the Insolvency Regulation is also interesting in terms of European construction since, without harmonising the substantive rules in this area, it puts in place solutions guaranteeing legal certainty, favoring the circulation of court decisions, and inviting cooperation of the procedural bodies and the courts.
With the support of the Insolvency Law Pole of Trans Europe Experts, the book proposes an original study of this new Regulation which will come into force in June 2017, by delivering an article by article study, carried out by university specialists as well as specialists of practice. For each article, the book provides information on the meaning of the provisions, the state of litigation and the stakes of their application. Aimed at professionals, research professors and students alike, it provides insight into European Insolvency Law.December 2015, 45 €
VOL. 11- THE LEGAL FRAMEWORK OF CROWDFUNDING, PROSPECTIVE ANALYZES.
(in French)edited by Anne-Valérie Le Fur
The Internet's revenge, often accused of breaking the social link, by constituting a tool for meeting between the bearer of a project and a community that supports and finances it. The pioneers of crowdfunding foreshadowed the power of the social network and the union of communities through the Web. Crowdfunding upsets the economy by allowing the financing of specific projects by fundraising, usually small amounts, from a large audience of Internet users. This mode of funding is developed through platforms that raise funds through three techniques: a donation, or donation with something in return, mainly in the artistic and humanitarian fields, the loan for free or paid and the investment in financial securities.
"Unleashing the potential of Crowdfunding in the European Union" is the subject of the European Commission's Communication of 27 March 2014 following the public consultation initiated in October 2013, in which Trans Europe Experts took part. The Commission notably aimed "to develop a common approach at Union level and prepare the ground for possible future actions".
For their part, the French public authorities quickly seized crowdfunding: the ordonnance of 30 May 2014 makes it a new method for financing, recognised and regulated, which complements traditional financing methods. The French text, however, addresses only the issue of compliance with banking and financial regulations.
In this context, and following a "meeting-debate" bringing together practitioners, platform managers, representatives of banking and financial institutions, academics, lawyers ..., organized on 13 June 2014, Trans Europe Experts decided to continue its reflection and to offer its expertise on a number of legal challenges raised by crowdfunding. The authors, in addition to proposing an in-depth analysis of the existing system, provide a guide for future regulations, and, in the immediate future, for crowdfunding platforms that must take precautions in the way they conduct of their activity. The same goes for the credibility of crowdfunding, which is an essential variable for the trust of Internet users in this new mode of financing.January 2015, 32 €
VOL. 10 - THE FRAMEWORK OF CONCESSIONS BY EUROPEAN LAW OF PUBLIC PROCUREMENT. THE CONTRIBUTIONS OF DIRECTIVE 2014/23/EU ON THE AWARDING OF CONCESSION CONTRACTS
. (in French)edited by Stéphane de La Rosa
With the adoption of a new legislative package on public procurement (Directives 2014/23/EU, 2014/24/EU and 2014/25/EU), European law on public procurement, sectoral branch of the internal market in Union law, has recently undergone a major change in 2014. Among these new rules, the adoption of a specific Directive on concession contracts (Directive 2014/23/EU) represents an essential step in the development of the European rules for public procurement.
Until now, concession contracts were not covered by a specific directive, except for works concessions. Directive 2014/23/EU is the first secondary legislation to cover all concessions, both at the stage of their conclusion and their performance. This book, which follows a one-day study organized by the Université de Valenciennes in May 2013 (IDP EA 1384), reviews the regime set up by the directive for awarding and supervising concession contracts. Designed in a theoretical and practical perspective, it considers the consequences of the directive on the French regime of public service delegation.
With the support of the TRANS EUROPE EXPERTS network, and within the framework of its "Public Procurement and Public Services" Pole, the book encompasses contributions from recognised specialists, academics and practitioners. After a presentation of the negotiation and articulation of the new directive with the case law of the Court, it addresses its scope, by studying the notion of concession contract itself, of the codification of public cooperation and its access for third states. It then returns to the regime established by the Directive, studying the advertising rules, those relating to the performance of concessions, the practice of subcontracts, the status of the concessionaire, the place of the public service and the harmonisation of penal rules.
Through its cross-cutting analysis of the "Concession" Directive, combining the eyes of lawyers specialising in EU law and domestic law, this book provides an illuminating contribution to the necessary debate on the evolution of public procurement and the issuance of public services in the European area.December 2014, 28 €
VOL. 9 - THE PROPOSAL FOR A EUROPEAN REGULATION ON PERSONAL DATA: PROPOSALS BY THE TRANS EUROPE EXPERTS NETWORK.
(in French)edited by Nathalie Martial-Braz
The European legislator has measured the importance of the protection of personal data by making public, on 25 January 2012, a proposal for a regulation to harmonize the law on these key issues. In this context, the Trans Europe Experts network has seized the issue to participate, through its reflections and proposals reported here, in the development of European law of personal data. To this end, a working group has been set up at the joint initiative of the "Contract, Consumer and E-commerce Law" and "Intellectual Property and Digital Law" Poles led by Martine Béhar-Touchais, Nathalie Martial-Braz, Judith Rochfeld and Célia Zolynski and composed of academics, practitioners, stakeholders, French but also European.
Over more than a year, the Group tackled the main themes in order to assess the proposals put forward by the European legislator, whether they were those originally prepared or those amended by the LIBE Committee which met in October 2013 to respond to the intense and unprecedented lobbying sparked by the original version of the text. This work reveals a first general observation of the complexity of the texts proposed, both formally and substantively, a complexity that the report has attempted to shed light on in order to make the proposed system more accessible and thus to strengthen the protection of individuals whose personal data are attributes of their private life. A general regret can also be expressed at the end of this work against the lack of choice made by the European legislator as to the nature of the personal data in the image of the title itself of the proposal for a regulation which aims to regulate "the protection of individuals with regard to the processing of personal data and the free movement of such data".
This book combines both the synthesis of the proposals, fruit of the joint reflections by the working group and the reports made by various members of the group to feed the working sessions of the Group. The book also benefits from comparative law insights to complete the analysis of these issues that transcend borders. We hope that this work will contribute to a debate that is essential to the preservation of the fundamental rights and freedoms of Europeans.July 2014, 32 €
VOL. 8 - REFORMING THE LAW OF OBLIGATIONS AND COMPANY LAW. Studies in French and German Law
edited by Walter Doralt et Olivier Deshayes
The contributions gathered in this book were presented on November 1st and 2nd, 2012 at the Max Planck Institute for Comparative and International Private Law in Hamburg (Germany). They relate to French and German legal reforms. The different topics have been chosen within the more general context of regulatory competition in the European Union to test the hypothesis that reforms of the law of member states are influenced by the evolution of the law of the European Union and of other member states. In fact, this book aims at giving a first impression of the reforms in France and in Germany in those fields of the law where regulatory competition appears to play a rather important role: the law of obligations, company law and corporate insolvency law. Written in English and in French, benefiting from comparative remarks, it hopes to contribute to a better understanding of contemporary law making in the European Union.
French-English bilingual publicationNovember 2013, 28 €
VOL. 7 - ONLINE GAMES IN FRANCE AND EUROPE / WHAT REFORMS THREE YEARS AFTER THE OPENING OF THE MARKET?
(in French)edited by Martine Behar-Touchais, Judith Rochfeld and Ariane de Guillenchmidt-Guignot, with the participation of Alice Fournier
By a law of 12 May 2010, France, strongly encouraged by the European institutions and in particular by the Court of Justice of the European Union, has liberalised the online gaming sector. Three years after this opening, a report, written by members of the Trans Europe Experts network with the participation of representatives of the online gaming sector (operators, representatives of sectoral regulatory authorities, lawyers...) could prove useful. This report on the liberalisation of online gaming is indeed important news as many reflections launched on the subject: the European Commission, in line with its action plan of 23 October 2012, intends, it seems to be working on the elaboration of a harmonisation of national legislation in this area, targeted or not; the French public authorities, on the basis of the "revoyure clause" inserted in the liberalisation law of 12 May 2010, will have to rethink the articulations of the mechanims initiated. Many difficulties will have to be overcome.
The regulation of a sector open to the winds of non-existence of borders is in fact a factor in the disparity of national legislation, whether in civil matters (definition of authorized games, protection of vulnerable players, protection of consumption) or criminal law (fight against money laundering and breaches of sincerity and integrity of sports and games). It also faces the difficulties of organising real cooperation between the independent administrative authorities, since there are no common European standards. Finally, in this context, the taxation of games finds it difficult to balance. To answer all these difficulties and to propose adapted solutions, this Report, resulting from the reflections of the working group "online games" initiated within the organisationTrans Europe Experts and its pole "Contract, Consumer, E-commerce Law", is divided into two parts of unequal size. The first draws up a critical inventory of the existing situation, before examining, in a second part, the perspectives of evolution. In particular, the question of the desirability of European harmonisation is discussed. Each of these parts puts forward proposals, discussed in working group sessions and inserted into an overall reflection of the subject.March 2013, 28 €
VOL. 6 - COMMON EUROPEAN SALES LAW - REVIEW OF THE PROPOSED REGULATION OF 11 OCTOBER 2011.
(in French)edited by Olivier Deshayes
A proposal for a regulation of the European Parliament and of the Council was presented by the Commission on 11 October 2011. It concerns a 'Common European Sales Law'. The text is important. It would create, if adopted, a uniform contract law throughout the European Union, subject to rules of autonomous interpretation and exempt from the action of mandatory provisions. Admittedly, this regime applies only to cross-border contracts. But who does not see the force of attraction that it is likely to have? Admittedly, this regime is not intended to replace national laws, since, being optional in nature, it would only apply if the parties choose to submit their contract to it, the latter remaining free to continue to resort to existing laws. But it would nevertheless bring about a significant upheaval, creating a regime parallel to that applicable under traditional rules on conflict of laws. Finally, this system would only apply to contracts for sale, supply of digital content and contracts connected to them. But are these contracts not at the heart of the exchanges? Do they not occupy a more central place in the construction of contract law? Certainly. That is why, it must be admitted, the Common European Sales Law is the concrete translation of the European contract law project, the perspective of which Europe's lawyers have been agitating for many years. It is the reduced incarnation. The contributions collected in this book give a detailed analysis of the Common European Sales Law project. They are the result of a collective work, conducted within the framework of the European Research Group (GDRE) "New Normativities in Europe", led by Professor Judith Rochfeld. This group, created at the initiative of TEE, brings together 8 research centers from France, Italy, Germany and Luxembourg.September 2012, 32 €
VOL. 5 - IMPLEMENTATION OF EUROPEAN OPTIONAL INSTRUMENTS IN PRIVATE LAW.
(in French)edited by Bénédicte Fauvarque-Cosson and Martine Behar-Touchais
This study examines the method of optional instruments as well as how they are implemented in Member States. It covers private law and carries out an overall analysis of this innovative method, adopted in various fields (civil procedure, intellectual property, company law), but hitherto not systematised or even clearly identified as such by the European legislator. The proposal for a Regulation on a Common European Sales Law (11 October 2011) has revealed all the potentials. The study identifies the strengths and weaknesses of this method and opens up ideas for the future. The study is based on field surveys conducted from a detailed questionnaire, sent to all Member States, to correspondents of the Trans Europe Experts network.July 2012, 35 €
VOL. 4 - THE EUROPEAN CORPORATE GOUVERNANCE FRAMEWORK, Response to the European Commission Public Consultation Paper edited by Véronique Magnier
French-English bilingual publication March 2012, 35 €
VOL. 3 - EUROPEAN CITIZENSHIP.
(in French)edited by Bénédicte Fauvarque-Cosson, Etienne Pataut and Judith Rochfeld
The concept of European citizenship was introduced in 1992 in the Maastricht Treaty. It is now part of the "provisions on democratic principles" of the Treaty on European Union and its legal regime is described in the second part of the TFEU. Although the consequences of this attribution are circumscribed in the texts (open rights are described in detail in Articles 21 et seq. TFEU), European citizenship is more widely invoked and its meaning, which is at the beginning was technical, is tainted today with more political connotations. The "Stockholm Program" and the subsequent action plan have thus made the European citizen the central figure around whom the area of freedom, security and justice must be built.
Does this boil down to the use of a political slogan that is somewhat empty of precise legal content or does it mark, conversely, an immense evolution underway? If so, will it be of such a nature as to concretely and practically improve the life of Europeans throughout the Union? While the very idea of a united Europe now seems to be under threat, can we base the project of creating a new community of destiny and interests, in Europe and beyond on citizenship?
This book explores the recent progress of the notion of European citizenship, whether it is seized by the various European authorities or by the public authorities and the various legal actors in France. He is also trying to map out the possibilities that will enable him to play a decisive role in the European project. The book brings together the contributions of speakers at TEE's Annual Forum on European Citizenship and those of the morning of 15 September 2011, in the presence of Viviane Reding, Vice-President of the Commission and Commissioner for Justice, Fundamental Rights and Citizenship.November 2011, 25 €
VOL. 2 - EUROPEAN COHERENCE OF COLLECTIVE REDRESS - RESPONSE TO THE PUBLIC CONSULTATION BY THE EUROPEAN COMMISSION.
(in French)edited by Catherine Prieto
Collective redress has led reflection work of the European Commission through green and white papers by the Directorate General forCompetition and the Directorate General for Health and Food Safety for several years. We welcome the impetus given by the new Directorate General for Justice to carry out a cross-cutting reflection with a view to laying down common principles for different branches of law. To this end, a new public consultation was opened on 4 February 2011
.TEE immediately grasped the issue of this transversality
and brought together members of eight of its working groups in an ad hoc group. Confrontation of their analyses results in a general report and eight special reports. This volume incorporates these reports as they were conceived within the deadline of 30 April 2011.September 2011, 42 €.
VOL. 1 - GREEN PAPER ON EUROPEAN CONTRACT LAW - RESPONSE BY THE NETWORK TRANS EUROPE EXPERTS.
(in French)edited by Martine Behar-Touchais
and Muriel Chagny
The Contract, Consumer and E-commerce Law Pole
, lead by Martine Béhar-Touchais, Professor at the Université Paris Descartes (Paris V), wanted to respond to the European Commission's Green Paper on European contract law
from 1 July 2010. The answers provided by this working group to the essential questions raised by this project have been grouped together in a book, the first in the Trans Europe Experts collection.
In this book, TEE experts divided into five groups
, with different sensitivities, have elaborated a response to the key questions raised by this project (in particular those of the adoption and scope of an optional instrument of contract law).
March 2011, 38 €.
Trans Europe Experts is pleased to announce the publication of a new book:European civil justice in progress
, under the direction of Melina DOUCHY-OUDOT and Emmanuel GUINCHARD, Thèmes commentaires, Etudes, Dalloz 2012, 277 pages.Summary of the book:
The European civil judicial sector has recently taken a new step, notably symbolised by the creation of a fully fledged Directorate-General, DG Justice, and European civil justice is definitely on the way.
It is important to draw up perspectives and to suggest more. To this end, traditional instruments of the European civil judicial area, in full renewal sometimes as exemplified particularly by the Brussels I Regulation, as well as those recently adopted or even in the process of being adopted, such as the Regulations on Matrimonial property regimes and European attachment measures concerning banks, of which we will find here one of the first analyses, have naturally been studied.
However, it was necessary to go further and draw attention to unjustly neglected sectors. Several contributors have kindly accepted to be entrusted with original and complex subjects, for example a systemic and non-fragmentary reflection on the private international law of property, or even, as to whether the unification of Swiss civil procedure constitutes a model for Europe.