Funds and EU Tax Directives

in Haslehner, Werner (Ed.) Investment Fund Taxation (2018)

L' échange d' informations fiscales en droit de l' Union européenne

in Observateur de Bruxelles (2017), (109),

European Structural and Investment Funds and State Aid Control: Two Policies at Odds with Each Other?

in Hofmann, Herwig; Micheau, Claire (Eds.) State Aid Law of the European Union (2016)

Trends and Players in Tax Policy: Greece

in M. Lang et al. (Ed.) Trends and Players in Tax Policy (2016)

A “Typus” as an Appropriate Legal Tool for the interpretation of the “No Bail-out” Clause: The 'Private Investor Principle'

in European Politeia (2015)

The purpose of this paper is to present the academic debate on the interpretation of Article 125 TFEU and to critically demonstrate the jurisprudential controversy that surrounds this provision, both from ... [more ▼]

The purpose of this paper is to present the academic debate on the interpretation of Article 125 TFEU and to critically demonstrate the jurisprudential controversy that surrounds this provision, both from the CJEU standpoint as well as the Bundesverfassungsgericht’s angle. While we believe that the Court interpreted rightly the provision at issue, we argue that it has left certain questions unanswered. The second part of the paper will develop our suggestion regarding the need to construct and adopt a ‘typus’, along the lines and by analogy to the ‘private investor principle’, as an appropriate form of legal reasoning for the interpretation of the ‘no bail-out clause’ proviso, that would allow more legal certainty as to the persisting question of what kind of financial assistance meets the purpose of Article 125 TFEU. [less ▲]

‘No taxation without representation’ or ‘No representation without taxation’? In search of democratic legitimacy for taxation in the EU

Presentation (2015, May)

The Transformation of the European Economic Constitution

E-print/Working paper (2015)

The current times of constitutional transformation in the EU place the following question on the agenda: Is the ongoing economic crisis demarcating the end of the original conception of a ‘European ... [more ▼]

The current times of constitutional transformation in the EU place the following question on the agenda: Is the ongoing economic crisis demarcating the end of the original conception of a ‘European Economic Constitution’ as it has developed since the early days of the EEC? Or are we witnessing simply a shift towards a new more encompassing model of an EU ‘Economic Constitution’ in which economic government and economic governance tools are used in parallel to deepen integration and continue the spill-over of economic integration into previously national policies? This contribution traces and evaluates conceptual, regulatory, institutional and legitimacy-related changes and challenges to the EU’s model of the ‘Economic Constitution’ as the basic legal framework and conceptions of EU law governing economic policy. This chapter argues that the EU’s constitutional framework in the form of the existing Treaties and General Principles of EU law did not provide an adequate legal framework to cope with the ongoing crisis. This failure has, in our view, initiated an ongoing transformation of the EU’s ‘Economic Constitution’ as we know it. Laying the foundations for the transformation took place in several consecutive steps mostly on the intergovernmental level and often as a combination of EU law, public international law and in some cases mixed with private law instruments. The nature of this development creates challenges regarding ensuring compliance of these newly developed structures with the Union’s foundational principles of ensuring transparency, democratic legitimacy, fundamental rights and effective review mechanisms in the context of a system under the rule of law. In order to illustrate the modes of the continuous transformation of the ‘Eoncomic Constitution’ and to evaluate the direction it is taking, this chapter will start with tracing its origins and follow its evolution over time. It thereby distinguishes two separate but interlinked elements of the ‘Economic Constitution.’ It first looks at the original focus of European regulation regarding what we refer to as ‘micro-economic’ matters with policies including competition law and the control of state aids. This chapter then turns to the evolving focus of EU law the larger questions of economic and fiscal policies which we refer to in the following as the ‘macro-economic’ element of the constitutional framework. [less ▲]

The Over-Indebtedness of European Consumers after the Financial Crisis: The case of Greece

in Domurath, Comparato and Micklitz (Ed.) The Over-indebtedness of European consumers – A view from six countries (2014)

The present national report studies the recent crisis' repercussions to the social, legal and economic framework in Greece, with regard to the over-indebted consumer.

Fiscal integration at any cost? An assessment of the new legal mechanisms

Presentation (2013, May)

Economic and political considerations in the Court’s case law post crisis: An example from tax law and the internal market

in Croatian Yearbook of European Law & Policy (2013), 9

This paper investigates whether the ‘Euro crisis’ has altered the Court of Justice’s legal reasoning in the area of the four freedoms and direct taxation. In view of the tremendous budgetary implications ... [more ▼]

This paper investigates whether the ‘Euro crisis’ has altered the Court of Justice’s legal reasoning in the area of the four freedoms and direct taxation. In view of the tremendous budgetary implications of the Court’s judgments in the area of direct taxation, this paper departs from the hypothesis that the financial crisis could result in the adoption of a more ‘lenient’ approach by the Court towards the Member States’ national budgets (in particular those under financial assistance). By deploying three different indicators, the interpretation and use of the general principles of EU law, the limitation of the temporal effects of the judgment, and the number of references for preliminary rulings, this paper concludes that the Court has not been as affected by the financial crisis as initially suspected. [less ▲]