The True and Fair View in the European Union

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The True and Fair View in the European Union. / Alexander, David; Eberhartinger, E.

In: European Accounting Review, Vol. 18, No. 3, 01.09.2009, p. 571-594.

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Alexander, David ; Eberhartinger, E. / The True and Fair View in the European Union. In: European Accounting Review. 2009 ; Vol. 18, No. 3. pp. 571-594.

Bibtex

@article{589602aa5f8d431b90caf0b9aa02f895,
title = "The True and Fair View in the European Union",
abstract = "This paper explores the issue of the true and fair view (TFV) and the overriding principle within the European Union (EU), via a legally based analysis of the relationship between EU and national laws. We apply the supremacy of European law to methods of incorporating the TFV into national legislation, using Austria as a detailed case study, showing that all countries - maybe against their original intention - either have an override (as does Austria, contrary to the prevailing local opinion) or have failed to honour their EU commitments. As part of our argument, we explain the importance of the Roman law teleological principle in legal application and interpretation, as is well known in Continental countries. We show that the effect of the UK TFV override is in principle exactly analogous, only arguably even more powerful, which is not at all well known in Anglo-Saxon countries. We suggest reasons why the status quo ante in particular countries may be adhered to, and generalise the implications of our arguments.",
author = "David Alexander and E Eberhartinger",
year = "2009",
month = sep,
day = "1",
doi = "10.1080/09638180902784405",
language = "English",
volume = "18",
pages = "571--594",
journal = "European Accounting Review",
issn = "0963-8180",
publisher = "Taylor & Francis",
number = "3",

}

RIS

TY - JOUR

T1 - The True and Fair View in the European Union

AU - Alexander, David

AU - Eberhartinger, E

PY - 2009/9/1

Y1 - 2009/9/1

N2 - This paper explores the issue of the true and fair view (TFV) and the overriding principle within the European Union (EU), via a legally based analysis of the relationship between EU and national laws. We apply the supremacy of European law to methods of incorporating the TFV into national legislation, using Austria as a detailed case study, showing that all countries - maybe against their original intention - either have an override (as does Austria, contrary to the prevailing local opinion) or have failed to honour their EU commitments. As part of our argument, we explain the importance of the Roman law teleological principle in legal application and interpretation, as is well known in Continental countries. We show that the effect of the UK TFV override is in principle exactly analogous, only arguably even more powerful, which is not at all well known in Anglo-Saxon countries. We suggest reasons why the status quo ante in particular countries may be adhered to, and generalise the implications of our arguments.

AB - This paper explores the issue of the true and fair view (TFV) and the overriding principle within the European Union (EU), via a legally based analysis of the relationship between EU and national laws. We apply the supremacy of European law to methods of incorporating the TFV into national legislation, using Austria as a detailed case study, showing that all countries - maybe against their original intention - either have an override (as does Austria, contrary to the prevailing local opinion) or have failed to honour their EU commitments. As part of our argument, we explain the importance of the Roman law teleological principle in legal application and interpretation, as is well known in Continental countries. We show that the effect of the UK TFV override is in principle exactly analogous, only arguably even more powerful, which is not at all well known in Anglo-Saxon countries. We suggest reasons why the status quo ante in particular countries may be adhered to, and generalise the implications of our arguments.

U2 - 10.1080/09638180902784405

DO - 10.1080/09638180902784405

M3 - Article

VL - 18

SP - 571

EP - 594

JO - European Accounting Review

JF - European Accounting Review

SN - 0963-8180

IS - 3

ER -