Search results for: european law in All Content

Models of justice and European Law: European court of justice decisions and CEDO decisions

Modele de justiţie şi drept european: deciziile Curţii Europene de Justiţie şi deciziile CEDO

Author(s): Francine Jaomiasa Handy / Language(s): Romanian / Issue: 154/2010

Keywords: Racism; process; rights; islamism; CEDO

In this study, the author examines the situation created after a lawsuit filed by the president of French National Front party, Jean-Marie Le Pen to the CEDO against the French state, the present case constitute racial discrimination of people with another religious orientation than the country's increasingly who have emigrated in this case the Muslims who emigrated to France, and the interference of authorities in the applicant's freedom to express their own opinions.Also the author makes a thorough analysis of the general situation wich was made in all European countries by migrating to these citizens of islamic states in the context of globalization.

Sports Law as an Independent Branch of Law

Sports Law as an Independent Branch of Law

Author(s): Lazar Nanev / Language(s): English / Issue: 2/2013

Keywords: Sports law; Criminal law; sports crime; legal provisions; sports science.

Sports law is one of the newest branches of the legal system. It is determined by the fundamental principles and specific normative solutions belonging to the constitutional, civil, criminal and administrative law. It is indisputable that sports from its creation to this date, was carried out on the basis of certain pre-established rules. These special pre-established rules provide fulfillment of the core values on which the sport is based represented by the fundamental principles that provide the fair play and free competition. In fact, the interaction that occurred from the relationship between sports and law as two separate phenomena that are each individually developed, provided the emergence of the sports law as a separate branch of law. This article aims to highlight the need for legal intervention in sports and sports activities and emphasize that sports law is independent legal discipline.

The Law and Financial Aspects of the Church Capital

Prawnofinansowe aspekty Funduszu Kościelnego

Author(s): Marek Tyrakowski / Language(s): Polish / Issue: 1/2009

Keywords: law; finance; Church capital

The Church Capital from its very beginning was very controversial. It was founded in 1950 by a lawful amendment. It emerged as the realization of the communist ideology, and intended to replace the existing fund. The main objective of the capital was to sup-port clergy. Until 1989 the capital had not fulfilled its basic tasks. Only since 1989 the fund started to accomplish its crucial scopes. Its support conduced to realize Church charitable and educational aims, restore some sacral buildings, and deliver some insur-ance of the clergy. There are various possibilities of solving problems of the Church Capital. According to the author, the most reasonable would be the introduction of the re-privatization law.

Revolution by the law

Revolution by the law

Author(s): Petr Roubal / Language(s): English / Issue: 3/2015

Keywords: parliament;parliamentarism; Czechoslovakia 1989-1990;legislation; the Federal Assembly; Velvet Revolution;

This study looks at the role of the Federal Assembly in the Velvet Revolution. With the disintegration of the communist party, the Federal Assembly became unexpectedly a key constitutional institution with far reaching powers in times of rapid political change. The revolutionary movement Civic Forum forced through a legislation that enabled to recall substantial part of the members of the parliament and replace them by its own candidates through co-optation. This method of "cleansing" of the parliament had far-reaching consequences for the post-November Czechoslovak political culture.

History of Law or History of State and Law

History of Law or History of State and Law

Author(s): Jozef Beňa / Language(s): English / Issue: 2/2016

Remarks on the written form of the individual labour contract in the light of European law and case-law of the Court of Justice of the European Union

Observații referitoare la forma scrisă a contractului individual de muncă în lumina dreptului european și a jurisprudenței Curții de Justiție a Uniunii Europene

Author(s): Ovidiu Ținca / Language(s): Romanian / Issue: 02/2014

Keywords: individual labour contract; essential clauses; written form; obligation to inform the employee; case-law of the Court of Justice of the European Union.

The author analyses (partly critically) provisions of Article 16, Article 17 and Article 19 of the Romanian Labour Code concerning the written form of the individual labour contract, the obligation to inform the employee on the essential clauses of the contract and the sanction for the failure to fulfil the information obligation with a view to better correlate them with Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship and with the case-law of the Court of Justice of the European Union on this matter.

Interdisciplinary Aspects of Law Cognition

Tarpdisciplininiai Teisės Pažinimo Aspektai

Author(s): Darijus Beinoravičius / Language(s): Lithuanian / Issue: 68/2011

Keywords: law; philosofy of law; mythology; interdiscipline; morality;

For humanitarian science knowledge about law has always been important. Law explains the organisation of society, the construction of the state. In short, law helps to understand social regularities and how to instil them so as to create the wealth of society. It is impossible to abstract law from society and social reality. That is why a direct and indirect knowledge of law is related to the object of humanitarian science. So, more or less various the social sciences (and not only social) contribute to the understanding of the process of law. It is interesting to note different sciences and methods are often not clearly seen in an interdisciplinary context. The article reveals the perspicacity resulting from communication between sciences like philosophy of law, history of law, sociology of law and others which is able to recognize internal law doctines as well as mistakes of jurisprudence practise.

The European Administrative Space as a mechanism to increase the effectiveness of European law enforcement: an analysis based on the European Competition Network

Europejska przestrzeń administracyjna jako mechanizm zwiększający efektywność stosowania prawa europejskiego – analiza na przykładzie Europejskiej Sieci Konkurencji

Author(s): Maciej Gac / Language(s): Polish / Issue: 1/2015

Keywords: Europeanisation; convergence; European Administrative Space; European Competition Network

The development of EU law over the last decades indicates the ongoing approximation of the national legal systems towards the European model. It is particularly visible in the area of national substantive law, where by the means of unification and harmonisation legal constructions developed at the EU level are introduced into the legal systems of different Member States. While the “Europeanisation” process leads to the establishment of common legal standards and institutions in different national jurisdictions, it is still necessary to analyse whether it guarantees the full effectiveness of European legislation. In other words, does the “Europeanisation” of national substantive laws ensure a coherent and efficient application of EU law by national courts and administrative authorities? In order to answer the abovementioned question the following article refers to the notion of the European Administrative Space. Through an analysis of the main principles of its functioning, the author seeks to determine if the cooperation between national administrative authorities is a necessary complement of the “Europeanisation” of national substantive laws. Moreover, by analysing the functioning of the European Competition Network, an example of the European Administrative Space in the area of competition law, the author aims to define the practical consequences of such administrative convergence and its impact on the efficiency of European competition law enforcement.

CLASSIFICATION OF THE RESORT IN THE LEGAL AND ORGANIZATIONAL ASPECTS

КЛАССИФИКАЦИЯ И ОПРЕДЕЛЕНИЕ КУРОРТА В ЮРИДИЧЕСКОМ И ОРГАНИЗАЦИОННОМ АСПЕКТЕ

Author(s): Sylwia Gwoździewicz,Tomasz Wołowiec,Sylwia Ahmed-Skrzypek / Language(s): Russian / Issue: 2/2016

Keywords: law

The aim of the paper is to find out an answer of the question - what economic solutions and law regulations will stimulate the efficient functioning and development of the Polish health resorts, in conditions of strong competition on the European market of tourist-spa. An additional aim of this work is to identify the drivers of competitiveness and quality of tourist.

THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EUROPEAN ARREST WARRANT

JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE REFERITOARE LA MANDATUL EUROPEAN DE ARESTARE

Author(s): Bocşan Gheorghe / Language(s): Romanian / Issue: 03/2018

Keywords: European Arrest Warrant; EAW; extradition; the principle of mutual recognition of judgments and judicial decisions; transit; surrender decision; ne bis in idem; speciality; autonomous definition;

The European Arrest Warrant (EAW) represents the first and the most successful instrument of the mutual recognition of judgments and judicial decisions in the area of liberty, security and justice of the European Union. Though the Framework Decision 2002/584/JHA of the Council establishes the rules under which EAW operates, a considerable role in the empowerment of this judicial cooperation instrument pertains to the Court of Justice of the European Union. Thus, even the fundamental question of the possibility and legitimacy to transform the classical extradition framework, based upon international law conventions or reciprocity into a mere surrender procedure between EU Member States, as the Tampere European Council Conclusions of Presidency highlights was finally decided through the Court of Justice case-law (the Court’s Judgment in the case C-303/05, preliminary ruling on the question raised by Arbitrgehof in the proceedings Advocaten voor de Wereld VZW versus Leden van Ministerrad). This paper analyses 20 cases judged by the Court of Justice linked directly to the EAW validity and interpretation and 2 cases whose object was ne bis in idem principle, from the perspective of art. 54 CISA, but constituting binding precedent in the matter of its application in connection with EAW. The case-law presentation on EAW was organised in this study according to the themes of the preliminary questions asked to the Court of Justice by national jurisdictions, such as: validity and interpretation of the new surrender paradigm, ne bis in idem principle, speciality principle, grounds for optional non-execution of an EAW, the necessity to respect the fundamental human rights and liberties, autonomous definition of certain concepts used in the Framework Decision 2002/584/JHA, nexus between EAW and extradition conventions applicable to a certain case, EAW “chain” and the meaning of “executing Member State” concept, necessity of a prior and distinct national arrest warrant upon which the EAW should be based, the physical resistance against the execution of an EAW etc. The chosen methodology for this case-law analysis is to pursue the reasoning of the Court of Justice in each case and thus to establish jurisprudential trends and general ideas on interpretation of EAW framework notions that could be applicable to other myriad of questions arising in this legal area.

European Consumer Law From the Perspective Directive 93/13 on unfair terms and case-law Of the Court of Justice of the European Union

Dreptul european al consumului din perspectiva Directivei 93/13 privind clauzele abuzive şi a jurisprudenţei Curţii de Justiţie a Uniunii Europene

Author(s): Ioana Camelia Buciu / Language(s): Romanian / Issue: 2/2015

Keywords: European consumer law; Council Directive 93/13/EEC on unfair contractual terms; abusive clauses; investigation independence; ECJ case law; the obligation to start an ex officio investigation

European consumer law governs the relationship between consumer and the Internal Market, where the consumer is the final beneficiary of production and distribution. The superior economic power of undertakings from certain sectors has changed the form of the consumer agreement, from a negotiated manifestation of free will into a pre established manifestation of will and adhesion. In this context, in order to restore contractual fairness, Directive 93/13/EEC on unfair terms in consumer contracts was adopted. Directive 93/13/EEC provides for a harmonized minimum in consumer law, while the Member States retain their national law. The implementing of this Directive has been uneven due to the special characteristics of national legislation regarding contract law, thus continuing the market fragmentation at national level. In this context, ECJ interprets the Directive 93/13/EEC and broadens conferred consumer protection to the detriment of the Directive interpretation given by national courts transposing it into the Member States' national law. Thus, the interpretation provided by the ECJ affects the scope and limits of the court obligation to start an ex officio investigation. Although, by means of the ECJ case law, the EU indirectly extends its legislative powers in the field of consumer law, it should be noted that neither the Directive 93/13/EEC, nor the Law No. 193/2000 transposing the Directive do not provide for any express obligation on the court to start an ex officio investigation with a view to deciding on the abusive character of contractual terms. The consumer passivity when failing to invoke the annulment by law or by exception, as well as the national judge passivity when failing to start an ex officio investigation, eludes the purpose of the European Directive and of the national transposing law. The national judge, as first point of contact in the field of European law and according to ECJ case law, has the duty to start an ex officio investigation and to acknowledge the abusive character of contractual terms, thus making sure that the provisions in the Treaty on the Functioning of the European Union are complied with, in order to protect consumers' interests

The Law of Peoples

The Law of Peoples

Author(s): John Rawls / Language(s): English,Serbian / Issue: 01+02/1996

SYNCHRONIZING THE NATIONAL INTERESTS OF STATES WITH THE GREAT EUROPEAN VALUES IN THE PERSPECTIVE OF THE IMPLEMENTATION OF EUROPEAN CONSTITUTIONAL LAW

SINCRONIZAREA INTERESELOR NAŢIONALE ALE STATELOR CU MARILE VALORI EUROPENE ÎN PERSPECTIVA ÎNFĂPTUIRII DREPTULUI CONSTITUŢIONAL EUROPEAN

Author(s): Mădălina Cocoşatu / Language(s): Romanian / Issue: 02/2012

Keywords: legal order; state; Constitution; justice; constitutional reform;

Building new European legal order necessarily imply recognition of the priority of a certain common values of democratic societies, ensuring human rights and freedoms, effective systems of European justice which ensure their compliance and promotion. This paper aims to demonstrate the need of European constitutional law, as well as the presentation of stages achieved by the Member States of the European Union leading to the achievement of this. Need to achieve a European constitutional law is justified by the evolution of European integration irreversible phenomenon.

THE RULE OF LAW AND PRINCIPLE OF THE SUPREMACY OF LAW

THE RULE OF LAW AND PRINCIPLE OF THE SUPREMACY OF LAW

Author(s): Marius Andreescu,Claudia Andreescu / Language(s): English / Issue: 1/2019

Keywords: Conditions of the rule of law; powers separation and balance; law supremacy; guarantee of fundamental rights ; contemporary realities and aspects of constitutional case-law;

The doctrine of the rule of law originates from German theory and case-law, but is now a requirement and a reality of constitutional democracy in contemporary society. At present, the rule of law is no longer a simple doctrine but a fundamental principle of democracy consecrated by the Constitution and international political and legal documents. In essence, the concept of the rule of law is based on the supremacy of the law in general and of the Constitution in general. Essential for the contemporary realities of the rule of law are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, the guarantee and the observance of the constitutional rights of man especially by the state power and, last but not least, the independence and impartiality of justice. In this study we analyse the most important elements and features of the rule of law with reference to the contemporary realities in Romania. An important aspect of the analysis refers to the separation, balance and cooperation of the state powers, in relation to the constitutional provisions. The most significant aspects of the case-law of the Constitutional Court on the rule of law are being analysed.

The thieves in law

The thieves in law

Author(s): Lasha Bregvaladze / Language(s): English / Issue: 03 (46)/2021

Keywords: Mark Galeotti; Russia; mafia; vory; criminal organizations; post-Soviet countries; book review;

The review of: The Vory: Russia’s Super Mafia. By: Mark Galeotti. Publisher: Yale University Press, New Haven/London, 2018.

Introduction to Public Law and Human Rights - REVISION GUIDE

Introduction to Public Law and Human Rights - REVISION GUIDE

Author(s): Özgür Heval Çınar / Language(s): English

Keywords: public law; British law; human rights;

Public Law and Human Rights is a core module in the legal education of the United Kingdom (UK). Throughout the world it is known as common law. While common law consists of case-law and statutes, it has reached its present state by incorporating elements of international law, prerogative power and other legal and non-legal sources such as conventions and customs. This book closely examines the public law (constitution and administrative law) and human rights system of the UK (England and Wales in particular). The reason for the emergence of this book is that other publications do not explain such a complex issue in plain language, which makes it very difficult for those taking an interest, in particular A-level as well as LLB/LLM law students. This book does not repeat material that is available in many textbooks that are in print. Rather, it endeavours to present every topic in plain language and concludes every chapter with a fictitious, explanatory sample case. This book will also assist students to prepare for examinations. It comes with a test that summarizes all the subjects contained in the book, which is appropriate to the first stage SQE (Solicitors Qualifying Examination) examination.

Jan Podkowik, The Unconstitutionality of the Law and Its Civil Law Effects

Jan Podkowik, Niekonstytucyjność prawa i jej skutki cywilnoprawne

Author(s): Marcin Krzemiński / Language(s): Polish / Issue: 3/2021

Keywords: law; civil law; constitutionality;

Review of: Jan Podkowik, Niekonstytucyjność prawa i jej skutki cywilnoprawne, Warszawa 2019, pp. 443

Transnational law – a new system of law?

Transnational law – a new system of law?

Author(s): Alexandru Bostan / Language(s): English / Issue: Special/2021

Keywords: transnational law; transnational governance; legal pluralism; transnational legal pluralism; lex mercatoria;

The paper presents the emergence and evolution of the concept of transnational law, from the Philip Jessup’s 1956 novation to the latest approaches, mainly from the western legal scholarship. In the legal writings from Romania or Republic of Moldova, the phenomenon of transnational law remains unexplored or, at best, mentioned incidental as a synonym of a modern “lex mercatoria”. Likewise, in Russian scholarship, research on transnational law bears a strong private imprint and ubiquitous reluctance may be noted. This article aims to discuss, from the perspective of legal pluralism, the loss of the state monopoly in law making, the pluralization of sources of legitimacy for transnational actors, and the reconsideration of the scope of the law, by de-territorializing it. Transnational law is seen thus not just a private regime, but as a system of normative law that transcends international or national law, acts in a distinct social space and addresses specific actors, not only private, but also public or hybrid. In Romanian legal knowledge this approach is missing.

BIOETHICS - TRUTH OF LAW OR LAW OF TRUTH?

BIOETHICS - TRUTH OF LAW OR LAW OF TRUTH?

Author(s): Nasty Vlădoiu / Language(s): English / Issue: 04/2012

Keywords: bioethics; biotechnology; biomedicine; fundamental rights; inherent human rights; genome; the right to life; physical and mental integrity;

The right to life implies the prohibition of any methods, techniques, means which can impair the physical or mental integrity. The right to life has other dimensions as well, as a result of science achievements of and biotechnology development; legal regulations must keep up with these dimensions. The future will be the one that will show us whether bioethics is the truth of law in this matter or law of truth will reveal the conscious and carefully supervised possibility of biomedicine to improve the human condition without competing with the Creator. Anyway, until then, the practical solution offered by the legislator entailing legally binding bioethical norms can be regarded as sufficient, because the biomedicine and biotechnologies are accompanied by bioethics. This would not be a valid option and the author considers that it would be impossible to ask scientists and researchers to stop work, but he strongly believes that the international legislator must carefully and thoroughly watch that every discovery in this realm of such complexity, namely Life Sciences, which would entail new rules of bioethics.

The credibility determinants in administrative law

Determinanty wiarygodności w prawie administracyjnym

Author(s): Sebastian Bentkowski / Language(s): Polish / Issue: 58/2022

Keywords: law; administration; credibility; trust

The approach to the issue of credibility in administrative law in this article results from the efforts of the theory and practice of administration to obtain “good” administration, characterized by the legality of actions taken, the correct assessment of the facts when issuing decisions, efficiency, economy and reliability. The purpose of this article is to present the issue of credibility in administrative law. The subject of the article includes, among others thecharacteristics and systematics of the concept of credibility in the light of administrative law and analysis in this context of the legal status and scientific achievements to date dealing with the issue of the legal basis for the functioning of administration and the creation and application of administrative law. The conducted analysis made it possible to formulate a conclusion that the factors influencing the credibility of administrative law include the systemic norms contained in the Constitution of the Republic of Poland, theprinciples of “good” administrative legislation and provisions ensuring the application of the law in a way that inspires citizens’ trust in public authorities.