Journal article
Explicit legislative characterisation of overriding mandatory provisions in EU Directives: seeking for but struggling to achieve legal certainty
- Abstract:
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Traditionally, the judiciary has been tasked with characterising a provision in EU secondary law as an overriding mandatory provision (“OMP”) in the sense of Art 9(1) Rome I Regulation. This paradigm has however shifted recently as the legislator has started setting out such OMP characterisation explicitly, which this paper addresses with regard to EU Directives. The analysis of two Directives on unfair trading practices in the food supply chain and on the resolution of financial institutions...
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- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Version of record, pdf, 547.2KB)
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- Publisher copy:
- 10.1080/17441048.2021.1970702
Authors
Bibliographic Details
- Publisher:
- Taylor & Francis Publisher's website
- Journal:
- Journal of Private International Law Journal website
- Volume:
- 17
- Issue:
- 3
- Pages:
- 399-420
- Publication date:
- 2021-01-20
- Acceptance date:
- 2021-05-28
- DOI:
- EISSN:
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1757-8418
- ISSN:
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1744-1048
Item Description
- Language:
- English
- Keywords:
- Pubs id:
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1180084
- Local pid:
- pubs:1180084
- Deposit date:
- 2022-11-22
Terms of use
- Copyright holder:
- Johannes Ungerer
- Copyright date:
- 2022
- Rights statement:
- © 2022 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial- NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, trans- formed, or built upon in any way.
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