Bail-in tool and bank insolvency: theoretical and empirical discourses around a new legal (or illegal) concept

Analyses the EU's bail-in tool for preventing a bank from collapsing. Outlines the history of the bail-in mechanism following the 2007-08 financial crisis, the scope of the bail-in tool, priorities, the "no creditor worse off" principle, and exempted liabilities. Highlights uncertainties associated with bail-ins

Age Discrimination: a "too Young' Protected Characteristic in Europe?

Age discrimination and the other protected characteristics are legislated, in the EC Treaty, as a numerus clausus of features which, despite the differences, enjoy equal status. Yet, age discrimination, unlike its counterparts, is susceptible to being ‘justified’ in force of the Framework Directive. The obscure and grey waters of law to which age discrimination has been drifting aimlessly for some time, is the subject of this paper, the ultimate purpose of which is, beyond the sociological and anthropological studies, to dissect and unearth the current inconsistencies in the European Union legislation as regards this notion and its interplay with the equality corpus iuris. As a logical outcome, the paper puts forward suggestions for amendments to the current Framework Directive so that its tenor can be aligned to the Treaty where, be this construct ontologically correct or not, there is no suggestion that a ranking of protected characteristics should be adopted. Furthermore and more intriguingly, the contribution advances a more radical proposal, ergo the reform of the Framework Directive so that this protected characteristic, in so many cases unsuccessfully pursued vis-à-vis the national courts, be ultimately shaped in a binary way, therefore ‘old age discrimination’, so that its ‘promotion’ to the ‘premier league’ of protected characteristics can thereupon be realised

Associative discrimination in Britain and in the European Union: a still too elastic concept?

The concept of associative discrimination, as more recently "shaped" by the European Court of Justice (Attridge Law v Coleman), is put under a attack in this contribution, for its possibly too large "perimeter" and undefined "border".The analysis goes on to assess how the "associative" discrimination, also because unlegislated so far, may affect the employee-employer relationship and the ability of businesses to create job.Finally, the contributions offers glimpses of comparative analysis between Britain and a Continental counterpart in this matter (Italy), to infer that the Italian system might have implemented the concept at stake (associative discrimination) in a too limited way, as opposed to the British approach. The concept of associative discrimination, as more recently "shaped" by the European Court of Justice (Attridge Law v Coleman), is put under a attack in this contribution, for its possibly too large "perimeter" and undefined "border".The analysis goes on to assess how the "associative" discrimination, also because unlegislated so far, may affect the employee-employer relationship and the ability of businesses to create job.Finally, the contributions offers glimpses of comparative analysis between Britain and a Continental counterpart in this matter (Italy), to infer that the Italian system might have implemented the concept at stake (associative discrimination) in a too limited way, as opposed to the British approach