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The present work deals with the conference and the adoption of the Hague of 2 July 2019 not entry in force which is concentrated in the analysis of the recognition and execution of decisions of civil and commercial matters in the international private EU law.
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Freedom of choice is a fundamental right of the consumer under which production takes place the entire mechanism-circulation-consumption. State, national and international mechanisms has, or should have, as an objective consumers unlimited access to products and information about them. However, food law should have general objectives and the protection of human health, consumer interests, the use of fair practices in food trade. This is because it is necessary to follow to protect consumer interests and to provide information needed by them to knowledgeably choose the foods we eat, to prevent the counterfeiting of fraudulent or deceptive practices or any practices which may induce confusion to consumer.
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Minutes of finding irregularities and establishing budgetary debts from irregularities is an act of public financial is issued by a legal entity under public authority in revoking the payments from the EU budget and national under grant contract and through the Operational Programme. Government Emergency Ordinance no. 66 of 2011 is very clear on this even if administrative delegation, work setting and finding irregularities budgetary debts from irregularities may be delegated by the managing authority only an intermediary body is organized in a public institution.
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The present work is on the analysis of carrier's responsibility legislation according to EU law in comparison with the rules of international law and the evolution of the jurisprudential orientation of the Court of justice of the European Union in air transport in the sector of carrier's liability, damages for non-fulfillment and delay, overbooking and, loss of baggage. What are the rules of responsibility? the basis of the requested compensation? are some of the elements of research and response through EU jurisprudence according to international legislation of recent years.
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As a fundamental instrument for ensuring the functioning of the European Union legal order, the action for the non-compliance with the European obligations is the judicial instrument by which the Union authorities, led by the Commission and the Luxembourg jurisdictional structure, exercise direct control over the conduct of the Member States in relation to EU law imperatives. Located somewhere in the middle between the legality control and the action for liability, the non-compliance with the obligations raises separate and complex issues difficult to understand in the absence of the vast jurisdictional experience of the Court of Justice of the European Union. If, under procedural terms, the present action does not present particular challenges, imposing, as a rule, a mechanism for cooperation between the European Commission and the defendant Member State (as a pre-contentious phase), in which the Court of Justice often plays a subsidiary role (contentious phase), from a material point of view, the non-compliance with the European obligations involves different forms and meanings that transcend both the letter and the spirit of the treaties, even in their current form, consolidated after the Treaty of Lisbon (2009). In such a context, the present study aims to review the most frequently used meanings which the case law of the Court of Justice of the European Union has given to the phrase „non-compliance with European obligations”, in the light of current regulations, past experiences and, last but not least, the aim pursued by this procedure, namely to sanction any derogation from the uniform and synchronized application of the European Union law.
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The process of integrating European competition law in Albania is vital foraccession into the EU. This chapter addresses two key elements of this process: The path ofAlbania’s membership status to date, and a legal analysis of the European AssociationAgreement (SAA) for Albania and for Europe. The signing of the SAA in particular raises somequestions for Albania: How has the country benefitted from signing the agreement? What is theimpact of the SAA on Albanian domestic law and, in particular, on its competition law? Whendoes the SAA have supremacy in Albanian domestic and competition law? This legal analysiswill be supplemented with recent Albanian Constitutional Courts Decisions that address legalchallenges of EU law in the Albanian legal context and specifically in competition law. Inparticular The Albanian Constitutional Court’s decision in an abuse of do
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Within the present paper we are wishing to present a comprehensive view about the EU original elements, as an entity that not only is revealing as distinct in comparison with several state-political patterns of organization as confederation, federation, nation-state or intergovernmental international organization, but also, it underlines itself into the history of political entities as an original system in comparison with the concept and typology of empires. We wanted to explore some elements that, in our opinion, are enriching the theory of empires and the imperial typology, elements from the EU institutional structure, from its evolution, from its vision, way of organization and working, that are definitively distinguishing EU as such from the past empires.
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The scope of the article is the analysis of the amended Polish Gambling Act of November 19, 2009 and its compliance with the law of the European Union. The article elaborates on the statutory framework on gambling on the EU level, as well as the most important changes in the Polish law. The author refers to the latest case law of the Court of Justice of the European Union in an attempt to analyze the link between state monopoly in the context of gambling and compliance with EU law. The article tackles the issue whether the current gambling regulations in Poland meet the criteria set out by the EU.
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Nowadays, the personal data protection issue is becoming more and more prominent, both in the state institutions and in the private sector. The economic agents and public institutions are required to follow clear rules in what concerns the personal data processing both in terms of the employees and in terms of the individual requesting access to certain goods or services. However, how do we appreciate the concept of personal data protection when balanced with the protection of life, personal property or privacy? This question is becoming more and more present and the answer is absolutely required when we discuss about the video surveillance of living spaces, courtyards and common use space or private parking. Another sensitive aspect interferes when video surveillance involves an area of public space.
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With the judgement of the Grand Chamber in the key case of Rooman v. Belgium (2019), the European Court of Human Rights has undoubted reached another milestone in its case-law. The reason for the former statement basically lies in the re-evaluation and reinterpretation of relevant principles of assessing medical treatment during the compulsory confinement of persons of unsound mind. This, in contrast to earlier practice, has resulted in emphasizing the therapeutic function of medically justified deprivation of liberty in order to reintegrate the person concerned within the shortest time possible, and also, an absolute rejection of their therapeutic abandonment. This has notably extended the standards of health care under the aegis of the ECHR, and the Court has already referred to those consistently in its subsequent cases. Therefore, this study aims to provide a comprehensive overview of the previous, and also the recently introduced, standards in the Strasbourg case-law, related to the health care of persons of unsound mind, together with the correspondingly developing positive obligations of State Parties.
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The article deals with the Economic Partnership Agreement signed between the European Union and Japan. This can be considered a major initiative in the field of European Union external relations, and a significant expression of the free trade principle in the international arena. The study includes a survey of the background to the Agreement and the EU-Japan relationship in general. Furthermore, certain parts of the Agreement are looked it, including those relating to state-owned enterprises and various services.
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Labour migration in Europe gets bigger and bigger than every century. Migrant workers are entering into EU from third countries and most of them from within EU. Anyway EU shall make the strong and good legislations on the protection of the migrant workers. When the workers face their rights’ infringement or violations, they need to have some specific organizations or union to negotiate and stand for them. Trade unions are the main platform for the collective bargaining between workers and employers. But some countries don’t give the migrant workers the chance to enter into and participate in the trade unions. My purpose to research about the role of trade union in EU is to find out the rights of the migrant workers in trade unions in EU as it is the big enlargement regions and there are so much great and developed businesses as the incentives of the foreign workers. Most of the workers around the world are interested in working within EU. EU tried to protect their workers in line with their conventions or protocols which are under International Labour Standards. EU has the labour court to solve the cases the workers are facing. But before the step of EU labour court, there is a negotiation between the two sides as a preliminary step.
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In the present study, we take into account the analysis of the presumption of innocence, a fundamental principle of enforcement of the criminal procedural law, from the perspective of the regulations of the European Union and of the national regulations. It was examined the domestic legal framework, respectively Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings.
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The economic crisis has re-focused the attention on the right to work, in the context of human rights issues. The fight against unemployment and the difficult access to the labour market are only a few elements directing the debate upon the conceptualized relationship between the right to work and freedom of work. Under the circumstances, the issue at stake is the relationship between freedom of work and the right to work. In our opinion, freedom of work is based on the right to work by virtue of which any person is entitled to access a job. This latter right is not an absolute one, but has to be exercised as provided under the law. At international level, the true regulation of the right to work is one of the main victories of the socialist movement: the Universal Declaration of Human Rights. At regional level, there are distinctive regulations for Europe, Latin America, Africa and Asia. At European level, it is deemed that the right to work is part of the European social law. This constitutive part of the European law is part of the international labour law, whose content is given by the regulations adopted by the Council of Europe and the European Union. The main document devoted to these issues is the European Social Charter, a normative act by the Council of Europe, elaborated in 1961 and revised in 1996. Consecration of the right to work under the Charter confers Europe certain precedence as regards the regulation at regional level of the right to work. As a matter of fact, it is the first European regulation that expressly institutes this right, having as source of inspiration various national or international regulations.
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The European Court of Human Rights, whose jurisprudence is presented here, is not a court specialising in private international law. However it applies the norms deriving from the European Convention on Human Rights to applications by litigants complaining of any type of national legal rules, including the rules of private international law. There are cases decided by the European Court in all fields of private international law, out of which the cases relating to the field of choice of law are presented here. The cases decided during the last ten years can be classified in cases on the human rights control of (1) equality before the national rules of choice of law, (2) the public policy exception, (3) fraus legis, and (4) the methodological choice between the application, to a status acquired abroad, of the forum’s own rules of choice of law, or, alternatively, the method of recognition of the result of the application of the foreign rules of choice of law. The case-law of the European Court has had, on the whole, a moderate – and moderating – effect on national choice of law rules.
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In its landmark Urgenda judgment of 20 December 2019 the Dutch Supreme Court confirmed the lower courts’ order compelling the State of the Netherlands to limit the joint volume of Dutch annual greenhouse gas emissions by at least 25% at the end of 2020 compared to 1990. This case, launched by the Dutch NGO Urgenda, may encourage further strategic climate change litigation against both governments and (multinational) companies. Already, building on Urgenda, the NGO Milieudefensie has launched a lawsuit against RDShell in the Dutch courts. To what extent may these cases serve as models in other jurisdictions? Two aspects deserve special attention: the procedural standing of NGOs, and the different legal grounds – duty of care derived from civil tort law (including choice of law), or from human rights law – upon which the courts in Urgenda based their decisions, and Milieudefensie bases its claim.
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Article 21 TFEU gives EU citizens the right, subject to very few exceptions, to move and reside freely within the territory of the Member States, which are not allowed to obstruct the exercise of this right by imposing direct and indirect obstacles. An EU citizen might hesitate to move to another Member State if he/she could not be accompanied by his/her closest family members who are not EU citizens. Certain family members, such as a spouse or direct descendants, enjoy therefore a derived right of free movement pursuant to Directive 2004/38. This may give rise to complications when the family relationship in question is not recognized in the Member State to which the family wishes to move. This paper discusses two recent judgments where the CJEU had to deal with this issue, in particular regarding a same-sex marriage (Coman, C-673/16) and the adoption-like Islamic kafala (SM v. Entry Clearance Officer, C-129/18).
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The EU legislator has modified once again the so-called Brussels 2 bis Regulation. The new regulation 2019/1111 adds new provisions on parental responsibility and child abduction, but leaves those on divorce largely untouched. To the contrary, the GEDIP, an expert group of academics in private international law from across Europe, has established an indepth proposal for a new regulation on divorce. This paper analyzes the proposal which seeks to modernize and improve the current situation that has been widely criticized. The proposed regulation covers choice of law, jurisdiction and recognition. It allows limited party autonomy, both in jurisdiction and choice of law, and suggests significant improvements of the provisions on objective jurisdiction. It also recommends a recognition mechanism that would apply to judgements from third States and provides for a comprehensive set of rules concerning private divorces.
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Jurisdiction for divorce in a marriage with an international element is in the Czech Republic governed primarily by “the Brussels IIa Regulation”. There are, however, other legal sources on which Czech courts can base their jurisdiction. When a national court is seized with a cross-border divorce case, the first step is to establish or decline the jurisdiction. In purely intra-EU cases, the Brussels IIa Regulation is the only legal instrument that comes into play. If the case involves a third State, the jurisdiction can be based on rules contained in a specific bilateral international agreement or, the provision for residual jurisdiction in the Brussels IIa Regulation permitting, on the rules in the national legislation of private international law. Complex situations can occur, especially when the case presents several international elements, some related to EU Member State(s) and the others related to the third State(s). The jurisprudence developed by the CJEU to interpret the Brussels IIa Regulation is shedding light on some provisions thereof, although there are still several questions waiting to be answered, one of them being the autonomous EU interpretation of the term “marriage” in the context of the scope of the Regulation.
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This article deals with the legal regulation governing the ascertaining of applicable law under the Insolvency Regulation while focusing on the provisions of Articles 3 and 7 and classifying this legal regulation from the perspective of private international law. The part dedicated to the provisions of Article 3 as a norm of international insolvency law introduces the concept of COMI – a basis to determine the jurisdiction of the court that should commence insolvency proceedings. Furthermore, the essential case-law of the CJEU and Czech courts addressing COMI is presented. Regarding Article 7, an opinion is expressed that the legal regulation contained in Article 7 constitutes a conflict-of-laws rule for which the applicable law is determined by the location of the court that opened the given insolvency proceedings. At this point, a fundamental connection is seen between the legal regulation contained in Articles 7 and Article 3. In addition, an opinion is expressed that the legal regulation contained in the Insolvency Regulation leads to the unity of international court jurisdiction and the determination of applicable law, which can be seen as the current trend in European private international law.
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