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Alexander, Kern. „Regulating Bank Governance and the EU Capital Requirements Directive“. European Business Law Review 28, Issue 6 (01.12.2017): 809–28. http://dx.doi.org/10.54648/eulr2017043.
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This article pays tribute to Professor Mads Andenas’s scholarly contribution to European banking law and regulation. The article addresses how EU banking law under the Capital Requirements Directive IV regulates private shareholder rights regarding their governance or control rights over banking corporations and the extent to which public law regulatory powers are constrained by EU constitutional law regarding the application of administrative sanctions on EU banks or bank shareholders who violate CRD IV governance principles and rules. The analysis will focus on the CRD IV’s sound and prudent governance principle and related regulatory technical standards adopted by the European Banking Authority. It will also analyse the extent to which EU administrative or regulatory sanctions can be applied to banks for violating the sound and prudent governance principle and related regulatory standards and how the principle of proportionality could apply to the exercise of such regulatory powers. The article builds on the fascinating body of work of Professor Andenas in analyzing EU banking law and the extent to which EU member state supervisory authorities are constrained by fundamental EU legal principles in imposing sanctions on banks for violating applicable law and regulatory rules.
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Cromack, Valerie. „The e.c. pregnancy directive– principle or pragmatism?“ Journal of Social Welfare and Family Law 15, Nr. 4 (Juli 1993): 261–72. http://dx.doi.org/10.1080/09649069308412398.
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Kamalyan, A. M. „THE BASIS OF LEGAL REGULATION OF PUBLIC PROCUREMENT IN THE WEST AFRICAN ECONOMIC AND MONETARY UNION (UEMOA)“. Lex Russica, Nr. 11 (22.11.2019): 131–39. http://dx.doi.org/10.17803/1729-5920.2019.156.11.131-139.
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The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant impact on the formation of directives — the Regional program for improving the efficiency of public procurement and the UEMOA Code on transparency in public finance management. The principles of legal regulation of public procurement in the UEMOA are revealed: the principle of cost — effectiveness and efficiency of procurement; the principle of free access to the public procurement market; the principle of equal treatment of candidates and mutual recognition; the principle of transparency, rationality, modernity of procurement procedures and the possibility of tracking them; the principle of non-discrimination on the basis of nationality in relation to enterprises of the UEMOA member states and the principle of non-violation of competition when transferring a state contract to subcontracting; de minimis principle. A brief description of the procedures for awarding public contracts established in this organization, namely tender (there are several varieties of tender, the main of which are open and closed) and procurement from a single supplier. Some aspects of the legal regulation of public procurement in UEMOA are compared with other integration associations, in particular with the European Union and the Common market of South America (MERCOSUR).
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Piszcz, Anna. „Room to Manoeuvre for Member States: Issues for Decision on the Occasion of the Transposition of the Damages Directive“. Market and Competition Law Review 1, Nr. 1 (05.09.2019): 81–109. http://dx.doi.org/10.7559/mclawreview.2017.309.
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Soon Member States will bring into force the laws, regulations and administrative provisions necessary to comply with the Damages Directive (2014/104/EU). Usually Member States do not seem willing to introduce a broader scope of the application of principles embodied in EU directives. For Member States, “copy-pasting” a directive's content into a piece of national legislation is one of the simplest ways to implement a directive (another very simple one is implementation by reference; it is just referring the reader to the directive and should not be applied where the rules in a directive are not sufficiently precise, so it is not applied very often). Member States that work on the implementation of the Damages Directive either do it in a minimalist manner, mainly "copy-pasting" its content, or take the legislative opportunity to do something more and "tidy up" domestic provisions on the occasion of the transposition of the Directive. Some Member States have chosen that last option. The article attempts to highlight some of the considerations that may be of particular relevance in this process, with the aim of formulating some recommendations for national legislatures, even though implementation works are drawing to a dose. First, some “spontaneous harmonisation” of a scope broader than that provided for in the Directive is recommended on the background of the material (substantive) scope of the Directive and its transposition. The other important considerations are addressed to the personal scope of the Directive and its transposition. Finally, the short review of some more detailed issues for decision on the occasion of the transposition of the Directive is offered. Considerations regarding the principle of civil liability, the use of collective redress mechanisms, minimum harmonisation clauses, institutional design of private enforcement of competition law, as well as incentives to voluntarily provide compensation to injured parties can be found therein.
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Betlem, Gerrit. „The principle of indirect effect of Community law“. European Review of Private Law 3, Issue 1 (01.03.1995): 1–19. http://dx.doi.org/10.54648/erpl1995001.
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Abstract. Whenever there is a conflict between a provision of national law and a rule of a Community directive in a dispute between two private parties, the question arises which law must prevail. Generally speaking, EC directives can have an impact on domestic law under either the doctrine of direct effect or the duty imposed on national courts to construe their domestic law in conformity with the directive. Under current EC case law, it is not possible for one individual to rely on a directly effective provision of a directive as against another private party: there is no horizontal direct effect. However, directives may nevertheless have a decisive impact on the outcome of the dispute through this canon of interpretation: indirect effect. This article reviews ten years of judicial development of the principle of indirect effect. In particular it examines the relationship between direct and indirect effect, the relevance or not of expiry of the period for transposition of the directive into domestic law and the discretion of the national courts to construe their own laws under the requirements of Community law. Schlüsselwörter: - Europtiisches Gemeinschaftsrecht –Einwirkung von Gemeinschaftscrecht auf Privatrecht – horizontaler direkter Effekt – Verpflichtung, wirkung nationales Recht in Übereinstimmung mit dem Gemeinschaftsrecht auszulegen Zusammenfassung. Wo immer in einem Rechtsstreit zwischen zwei Parteien ein Konflikt zwischen einer nationalen Vorschrift und der Regelung einer Gemeinschaftsrichtlinie auftritt, stellt sich die Frage, welches Recht vorrangig ist. Allgemeiner ausgedrückt, Richtlinien der europäischen Gemeinschaft können sich auf nationales Recht entweder aufgrund eines direkten Effektes oder im Rahmen der den nationalen Gerichten auferlegten Verpflichtung auswirken, ihr eigenes Recht in Übereinstimmung mit der Richtlinie auszulegen. Nach gegenwärtigem Gemeinschaftsfallrecht ist es für eine Individualperson nicht möglich, sich auf eine direkte Rechtswirkung einer Richtlinie wie gegenüber einer anderen Privatpartei zu verlassen: es gibt keine horizontale direkte Auswirkung. Gleichwohl haben Direktiven durch eine andere Auslegungsmethode nichtsdestoweniger eine entscheidende Bedeutung in Bezug auf das Ergebnis des Streits: Indirekte Auswirkung. Dieser Beitrag betrachtet zehn Jahre juristische Entwicklung des Prinzips der indirekten Auswirkung. Insbesondere werden die Beziehungen zwischen direkter und indirekter Auswirkung, die Relevanz (oder Nicht-Relevanz) des Ablaufs des Zeitraums der Umsetzung der Richtlinie in natinales Recht und die Diskretion natinaler Gerichte untersucht, ihr eigenes Recht unter Berücksichtigung der Forderungen des Gemeinschaftsrechts auszulegen.
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Wiesbrock, Anja. „Case Note – Case C-555/07, Kücükdeveci v. Swedex, Judgment of the Court (Grand Chamber) of 19 January 2010“. German Law Journal 11, Nr. 5 (01.05.2010): 539–49. http://dx.doi.org/10.1017/s2071832200018691.
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On 19 January 2010 the European Court of Justice (ECJ) was asked to rule on the application and scope of the general principle of non-discrimination under Community law. In Kücükdeveci the Court had the opportunity to clarify a number of questions concerning the principle of non-discrimination and the application of Directive 2000/78 that had remained unanswered after the famous Mangold judgment and subsequent case law. The case was particularly apt to clarify the scope of Mangold, as it concerned a similar factual situation, albeit after the implementation period of Directive 2000/78 had expired. Consequently, many issues addressed in that judgment arose anew. The Court had to deal with the relationship between Directive 2000/78 and the general principle of non-discrimination on the grounds of age, the possibility of justifying differential treatment on the basis of national social and employment policies, the extent of the doctrine of indirect effect, and the direct horizontal effect of directives.
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Zhang, Ruichen, und Qianyun Bi. „Approaching the European Union Directive on Unfair Terms in Consumer Contracts Through the Lens of the Principle of Good Faith“. Lecture Notes in Education Psychology and Public Media 23, Nr. 1 (20.11.2023): 33–40. http://dx.doi.org/10.54254/2753-7048/23/20230358.
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The article aims to delve into the nuanced interpretation of the principle of good faith within the domain of unfair terms prevalent in consumer contracts. This principle has proven pivotal in appraising the fairness of terms, serving as a benchmark. Its multifaceted application across legal domains necessitates a precise explication of its contextual significance. Emphasizing the imperative to delineate the exact connotation of the good faith principle in the judicial realm of consumer safeguarding, the article subsequently elucidates this proposition through a meticulous analysis of the Directive and its corresponding legal cases. However, the initial analysis underscores the Directives somewhat ambiguous delineation of the good faith principle. This prompts an inquiry into whether such ambiguity hampers the comprehensive evolution of this principle within the broader context of EU private law. Consequently, the subsequent discourse endeavors to rationalize this aspect within a redefined comprehension of the jurisprudential underpinning of the Directive.
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Bednarowicz, Bartłomiej. „Delivering on the European Pillar of Social Rights: The New Directive on Transparent and Predictable Working Conditions in the European Union“. Industrial Law Journal 48, Nr. 4 (20.11.2019): 604–23. http://dx.doi.org/10.1093/indlaw/dwz021.
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Abstract Chapter II of the European Pillar of Social Rights envisages fair working conditions that are further spelled out in two principles on secure and adaptable employment (Principle 5) and information about employment conditions and protection in dismissals (Principle 7). In order to deliver on this framework, in December 2017 the European Commission presented an ambitious and far-reaching proposal for a Directive on transparent and predictable working conditions in the European Union that would repeal Directive 91/533/EC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship. The proposal, after a series of uneasy negotiations in the Parliament and the Council, and with substantial modifications, was subsequently adopted in June 2019. Against this background, the main aim of this note is to analyse the new Directive (EU) 2019/1152. This piece focuses firstly on the Directive’s nuanced hybrid personal ambit of application. Secondly, it examines its material scope of application and sheds some light on the new set of rights and entitlements available to workers, including novel enforcement mechanisms. Finally, the note provides a critical assessment of the Directive with the aim of unveiling its potential to boost workers’ rights in the European Union, in particular those engaged in non-standard forms of employment, who are especially prone to experiencing precarious working conditions, such as on-demand and platform workers.
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Zoeteweij-Turhan, Margarite Helena. „The Seasonal Workers Directive“. European Labour Law Journal 8, Nr. 1 (März 2017): 28–44. http://dx.doi.org/10.1177/2031952517699104.
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The Seasonal Workers Directive, harmonising Member States’ laws regarding the entry, residence and certain labour rights of seasonal workers, entered into force in 2014 and should be implemented by Member States (except for the UK, Ireland and Denmark) by 30 September 2016. According to Article 23 of the Directive, in principle, third-country nationals coming to a Member State as seasonal workers are entitled to equal treatment with nationals of the host Member State. However, what does ‘equal treatment’ mean when there are almost no nationals doing seasonal work for comparison? Also, the Directive allows Member States to diverge from the principle with regard to family and unemployment benefits and education and vocational training. Furthermore, the Directive does not provide for family reunification, even though seasonal workers are allowed to work for periods of up to nine months per year in the host Member State. Considering the limitations to the principle of equal treatment, and the broad measure of discretion given to the Member States in the implementation of the Directive, can the Directive really improve the precarious position of seasonal workers? What is to be expected of the effectiveness of the Directive? Could the Directive also be attractive for application by countries (inside the EU or outside) that are not bound by the Directive? This article will try to answer these questions by critically analysing the Directive, setting it in historical perspective and comparing it other EU legal instruments on labour migration, focusing particularly on the content of a select number of rights. The article furthermore discusses the issue of gender equality in the (effects of the) EU regulation of labour migration. It finally also addresses the question of the attractiveness of the Directive for adoption by States that are not bound by it, in particular Switzerland, where the seasonal worker has remained a hot topic after officially having ‘disappeared’ from the radar in 2002.
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Wibowo, Torik Abdul Aziz. „KONSEPTUALISASI DAN PILIHAN INSTRUMEN HUKUM POKOK-POKOK HALUAN NEGARA“. At-Tanwir Law Review 2, Nr. 2 (30.08.2022): 119. http://dx.doi.org/10.31314/atlarev.v2i2.2024.
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The Main Principles of State Policy (PPHN) is an idea as an answer to the problems of Indonesia development wich caused by the ineffectiveness of the Development Planning System (SPPN) as a directive principles of state policy. This article attemps to answer two academic questions, first how the compatible concept of the Main Principle of the state policy with the Indonesia constitutional structure, and the second is wich approriate legal instrument for the Main Principle of the State Policy. The result of this research in this article describe that PPHN as the new directive principle of state policies must be able to answer the problem that contained by the Development Planning System; to ensure the implementation of sustainable development, PPHN must have juridical power by being regulated through statutory instrument; and PPHN must built within framework of presidential government system and regional autonomy. In addition constitution is the most suitable choice as an instrument for PPHN.
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Govind, Sriram, und Ivan Lazarov. „Carpet-Bombing Tax Avoidance in Europe: Examining the Validity of the ATAD Under EU Law“. Intertax 47, Issue 10 (01.10.2019): 852–68. http://dx.doi.org/10.54648/taxi2019086.
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This article examines the compatibility of the Anti-Tax Avoidance Directive (ATAD) with primary EU law on four grounds. First, it argues that the Directive is incompatible with the general principle of anti-abuse developed by the CJEU. Second, it considers the Directive to not comply with the requirements of Article 115 TFEU as it does not contribute to the ‘establishment and functioning of the internal market’ per accepted case law of the CJEU. Third, the Directive is at odds with the principle of subsidiarity, as the Commission put forward no convincing evidence regarding the need for such a directive at an EU level. Finally, several provisions of the Directive go beyond what is necessary to combat artificial arrangements in a tailor-made fashion, thereby making it incompatible with the principle of proportionality.
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Peres, Catarina Vieira. „EU Case Law Developments on Age Discrimination“. Market and Competition Law Review 2, Nr. 2 (01.10.2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.
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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are objectively and reasonably justified by a legitimate aim. In the present contribution, we intend to analyse the Court’s application and interpretation of the principle of non-discrimination on grounds of age as established in the Directive and comment on some of the most relevant preliminary rulings. In many of these rulings, the Court was asked whether the Directive precludes national norms which establish a mandatory retirement age or foresee the termination of the employment contract when the worker reaches a certain age. The Court’s interpretation of the principle of non-discrimination on grounds of age, as established in the Directive, could contribute to easing some of the EU´s current economic, social and demographic challenges and to the improvement of European workers’ lives; however, the Court seems to accept Member States’ derogations to this principle too easily.
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Lindayana, Lindayana, Arifuddin Arifuddin und Halus Mandala. „POLITENESS OF VERBAL AND NON-VERBAL DIRECTIVE SPEECH ACTS IN THE TENTH GRADE STUDENTS’ LEARNING PROCESS OF NEGERI 1 MATARAM“. RETORIKA: Jurnal Ilmu Bahasa 4, Nr. 1 (12.04.2018): 70–74. http://dx.doi.org/10.22225/jr.4.1.526.70-74.
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This research aims at knowing: (1) the realization of politeness of verbal and non-verbal directive speech acts of students, (2) deviations on politeness principles of students’ directive speech acts, and (3) the determining factors to the politeness and non-politeness of verbal and non-verbal directive speech acts for the Tenth Grade students of SMA Negeri 1 Mataram in the process of learning in the classroom. Research subjects in this study were the teachers who taught Indonesian, English, Economics, History, Mathematics, Religion, Civics, and Natural Sciences (IPA), and all students who are in class X of IPS 2, IPA 1 and IPA 3 in SMA Negeri 1 Mataram. This research belongs to qualitative descriptive study. The data were collected using observation method. The results of this study showed that: (1) there is the emergence of speech acts of the verbal and non-verbal directive of the students in the learning process, such as directive speech acts of rebuking, commanding, banning, advising, asking, reminding, satirizing, suggesting, threatening, rebuking, and (2) there is deviation of the principle of politeness of directive speech acts that is deviation of principle of one maxim, two maxim, and deviation of three maxim, and (3) there are influencing factors for the politeness and non-politeness of verbal and non-verbal directive speech acts of students in the learning process , including linguistic and non-linguistic factors.
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Cheyne, Ilona. „Taming the Precautionary Principle in EC Law: Lessons from Waste and GMO Regulation“. Journal for European Environmental & Planning Law 4, Nr. 6 (2007): 468–83. http://dx.doi.org/10.1163/187601007x00064.
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AbstractThe precautionary principle is a cornerstone of the EC's environmental policy and one of the guiding principles in the Waste Directive and GMO legislation. However, there appears to be a shift away from the use of the principle in these policy areas and a re-evaluation of the relationship between it and the commercial activity that it helps to regulate.
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Ajanović, Enver. „STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU / ADMINISTRATIVE CONTRACTS IN THE LAW OF OBLIGATIONS AND ADMINISTRATIVE PROCEDURE ACT“. Pregled: časopis za društvena pitanja / Periodical for social issues 64, Nr. 1 (29.09.2023): 37–62. http://dx.doi.org/10.48052/19865244.2023.1.2.37.
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Directive on the award of concession contracts br. 2014/23/EU, (Official Journal of the EU, L 94/1) ( in further text: Directive 2014/23/EU),Directive on public procurement and repealing Directive 2004/18/EC, br. 2014/24/EU (Official Journal of the EU, L 94/65) (in further text: Directive 2014/24) and Directive on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 2014/25/EU Official Journal of the EU, L 94/243) (in further text: Directive 2014/25/EU) arrange relations on the internal EU market by regulating of administrative contracts. Transformation of these Directives in the legal order of Bosnia and Herzegovina can be carried out by appreciating division of obligation and administrative law on general and special part. Namely, administrative contracts cannot be regulated only on the basis of administrative law principles, but law of obligations also. Only in that way can be arranged law of the administrative contracts in the complex legal order in Bosnia and Herzegovina. Such solutions exist in comparative law by containing legal norm that BGB in German or Code civil in Franch law applies accordingly to administrative contracts. Law on obligatory relations basic principles contain legal basis that administrative contracts be regulated in the special part in the Law on obligatory relations. These principles are: participants of obligatory relations; obligatory relations and public resources disposal, obligatory relations and public resources usage, in good faith. Valid principles in the Law on obligatory relations is necessary to supplement with the principles: administrative autonomy of administrative bodies, equal treatment, non-discrimination and transparency. By these additional principles will be developed some principles in the Constitutions of Bosnia and Herzegovina, because regulation tradition in Bosnia and Herzegovina gives such opportunity. Under these principles are assigned norms in EU directives what can be seen in theirs contain, because in this work there is no enough place that for every single principle gives appropriate explanation. Purpose of this work is to initiate new explorations in administrative law. In Bosnia and Herzegovina Law on obligatory relations applies for concluding contracts on concessions and public procurement. They just should become this contract. Because of principles in Law on obligatory relations it is necessary to arrange concluding procedure. By Administrative Procedure Act in institutions of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina and Republika Srpska should be arranged administrative procedure for administrative contract concluding.
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Kotkowski, Mateusz. „The Country of Origin Principle and the Applicable Law for Obligations Related to the Benefit of Information Society Services“. Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (30.12.2020): 161–83. http://dx.doi.org/10.14746/ppuam.2020.11.09.
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The article takes all of the abovementioned legacy of European Union Law into consideration while analysing them in depth through the prism of the principle in question and via careful comparisons of each of them as well. Particular attention is paid to the following issues, namely: the legal nature of the principle in question, its treaty sources, its scope of application, the principle in question in the light of the abovementioned directives – namely the Directive on audiovisual media services and the Directive on electronic commerce; and finally – relationships between provisions of the two aforementioned directives in the context of audiovisual media services on demand. While working on the text, all of the mentioned parts of the main subject turned out to be important enough to put them into separated sections of the text with their own individual headings. In the meantime, several interesting subject-related sentences by the European Court of Justice were also taken into account for a broadened pool of reference. To sum it all up: ultimately, the principle in question and its potential influence on the practical functioning of the European Union’s law and economy has been considered thoroughly.
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Lefevere, Jürgen G. J. „The New Directive on Ambient Air Quality Assessment and Management“. European Energy and Environmental Law Review 6, Issue 7 (01.07.1997): 210–14. http://dx.doi.org/10.54648/eelr1997031.
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A review of existing Community legislation on air quality; problems arising out of the earlier directives, leading to the new directive; its objectives; its framework nature; substances covered; timetable for daughter directives; factors to be taken into account when setting limit values, target values and alert thresholds; other provisions; critical comments - application of the subsidiarity principle, the removal of the "standstill" clause, desirability of setting uniform quality objectives, duties to inform the public, cross-border aspects; conclusion that the new directive is more of a harmonizing than an innovative measure and that anything more radical will have to come from the daughter directives.
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Farnsworth, Nick. „Subsidiarity – A Conventional Industry Defence. Is the Directive on Environmental Liability with Regard to Prevention and Remedying of Environmental Damage Justified under the Subsidiarity Princ“. European Energy and Environmental Law Review 13, Issue 6 (01.06.2004): 176–85. http://dx.doi.org/10.54648/eelr2004023.
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Summary: Is the ``Directive on Environmental Liability with regard to prevention and remedying of environmental damage'' justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principle of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principle. The author draws two conclusions: the subsidiarity principle remains a ``dynamic concept'' and the Commission, Parliament and Council have collectively failed to acquit themselves of their duty to justify the Directive.
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Heselhaus, Sebastian. „Registration Requirements for Monomer Substances Integrated in Polymers under the REACH-Regulation“. European Journal of Risk Regulation 1, Nr. 2 (Juni 2010): 189–93. http://dx.doi.org/10.1017/s1867299x00000349.
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1. The concept of ‘monomer substances’ in Article 6 (3) of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, relates only to reacted monomers which are integrated in polymers (official headnote).2. Article 6 (3) of Regulation (EC) No. 1907/2006 infringes neither the principle of proportionality nor the principle of equal treatment (author's headnote).
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Katsirea, Irini. „The Transmission State Principle: The End of the Broadcasting Sovereignty of the Member States?“ Cambridge Yearbook of European Legal Studies 6 (2004): 105–39. http://dx.doi.org/10.5235/152888712802759485.
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Observers of the media policies of the European Union contend that the transmission state principle of the Television Without Frontiers Directive, by ruling out the restriction of transfrontier broadcasts, which are in compliance with the laws of the originating state, has signified the end of the broadcasting sovereignty of the Member States. The transmission state principle is central to the objective of the Television Without Frontiers Directive to create an internal market in broadcasting services. Laid down initially in Article 2(2) of Directive 89/552/EEC, it has been transferred to Article 2a(1) following the adoption of the revised Directive 97/36/EC. The meaning of the principle has remained the same: Member States are obliged to ensure the unhindered reception of broadcasts lawfully transmitted in their state of origin. They only have a limited possibility to derogate provisionally from the transmission state principle, when foreign television broadcasts manifestly, seriously and gravely breach provisions concerning the protection of minors or public order.
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Katsirea, Irini. „The Transmission State Principle: The End of the Broadcasting Sovereignty of the Member States?“ Cambridge Yearbook of European Legal Studies 6 (2004): 105–39. http://dx.doi.org/10.1017/s1528887000003608.
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Observers of the media policies of the European Union contend that the transmission state principle of the Television Without Frontiers Directive, by ruling out the restriction of transfrontier broadcasts, which are in compliance with the laws of the originating state, has signified the end of the broadcasting sovereignty of the Member States. The transmission state principle is central to the objective of the Television Without Frontiers Directive to create an internal market in broadcasting services. Laid down initially in Article 2(2) of Directive 89/552/EEC, it has been transferred to Article 2a(1) following the adoption of the revised Directive 97/36/EC. The meaning of the principle has remained the same: Member States are obliged to ensure the unhindered reception of broadcasts lawfully transmitted in their state of origin. They only have a limited possibility to derogate provisionally from the transmission state principle, when foreign television broadcasts manifestly, seriously and gravely breach provisions concerning the protection of minors or public order.
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Gommers, Sam. „Danish Dynamite: The 26 February 2019 CJEU Judgments in the Danish Beneficial Ownership Cases“. EC Tax Review 28, Issue 6 (01.12.2019): 270–99. http://dx.doi.org/10.54648/ecta2019032.
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On 26 February 2019 the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) delivered two groundbreaking judgments in the field of tax abuse. These judgments are known as the Danish beneficial ownership cases and relate to withholding tax exemptions provided for by the Interest and Royalty Directive (joined cases C-115/15, C-118/16, C-119/16 and 299/16) and the Parent-Subsidiary Directive (joined cases C-116/16 and C-117/16). They contain numerous interesting statements, notably the confirmation for the first time that the direct tax Directives are controlled by the general principle of EU law according to which EU law cannot be relied upon for abusive purposes (the ‘abuse of rights principle’). Furthermore, the CJEU also interprets the much debated concept of ‘beneficial ownership’ (‘BO’) for the first time. In this contribution, the authors will analyse the judgments of the CJEU as regards the abuse of rights principle and the BO concept.
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PARK, Hyun Kyung. „Application and Limitations of the Principle of Digital Exhaustion in Europe: Tom Kabinet case and beyond“. Institute for Legal Studies Chonnam National University 42, Nr. 3 (30.08.2022): 259–91. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.259.
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On December 19, 2019, the European Union Court of Justice (CJEU) issued a preliminary decision in the case of Tom Kabinet in the Netherlands. It was a much- awaited decision in a situation where there were mixed judgments on the application of the digital exhaustion principle among the member states of the European Union.
According to CJEU's preliminary decision, second-hand sales of e-books are not subject to European Union Computer Program Directive(Directive 2009/24/EC) but the Information Society Copyright Directive (Directive 2001/29/EC). It was concluded that the principle of exhaustion of rights does not apply to the provision of second- hand e-books by downloading as the Communication to the Public provisions of Article 3 in InfoSoc Directive.
However, the standards presented in Tom Kabinet's judgment are still not clear enough to be applicable to all digital works online markets, and platforms are competing to develop new business models and technologies to avoid these standards. The legal, technical and economic debates are likely to continue.
This article discusses the scope and limitations of the principle of exhaustion of rights proposed by CJEU by examining the judgment of Tom Kabinet, and the necessity of the principle of exhaustion of rights. Chapter Ⅱ examines the general principle of exhaustion of rights, and Chapter III examines the CJEU judgment on Tom Kabinet in detail. In Chapter Ⅳ, Ⅰ will examine the significance of Tom Kabinet's judgment and its impact on the application of the digital rights exhaustion principle in the future. In the conclusion, the necessity and role of the principle of exhaustion of rights in the Copyright Act is mentioned, and the necessity of expanding the application of the principle of exhaustion of digital rights along with the problems of CJEU's preliminary judgment is raised.
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Sicurelli, Daniela. „Italy and the EU's environment and consumer policies: coalition-building, problem framing and informal channels of influence“. Modern Italy 9, Nr. 2 (November 2004): 203–15. http://dx.doi.org/10.1080/1353294042000304956.
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Although it is considered among the ‘environmental laggard’ states of the Union, Italy proved able to perform a crucial role in the promotion of one of the basic principles of EU environmental and consumer policy, namely the precautionary principle. The Italian government was influential in promoting this principle in EU food safety policy, in particular in a 2000 Directive on genetically modified organisms. This picture is certainly not one-sided, as the weakness of the Italian government in influencing EU decision-makers in the case of the 2001 Cocoa Directive shows. The main factors that explain when Italy matters in the EU environmental and consumer policy process are the way interests are aggregated, the way the problem is framed and the types of channels exploited to affect the policy process.
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Rasna, I. Wayan, I. Nengah Suandi, Ida Bagus Putrayasa und Ketut Paramarta. „Directive Speech Act Politeness in a Pediksaan Ritual: A Sociopragmatic Study“. Journal of Language Teaching and Research 15, Nr. 2 (01.03.2024): 644–53. http://dx.doi.org/10.17507/jltr.1502.33.
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This study focused on the concern about the decrease in the use of language politeness among young people both in everyday communication and sacred Hindu rituals such as in a pediksaan ritual, in which not only the place is made sacred but also things related to the inauguration of a sulinggih (high priest) that is, performed in a Geria, home of a brahmana, who is still holding high the high cultural norms. This study analyzed the type of directive speech act politeness, the forms of language politeness, and the application of directive speech act politeness in the pediksaan ritual. The stages of a descriptive qualitative method were employed to achieve those objectives. The population of the study was the people involved in the activity of a pediksaan ritual. Since this event is rare, the population was directly used as the study's sample. The data were collected by observing the pediksaan ritual using a recording technique. The data collected were analyzed with a qualitative descriptive method. The study shows that the types of directive speech act politeness in this study are differentiated into linguistic politeness and pragmatic politeness; the forms of directive speech act politeness consist of (a) agreement maxim of suggesting; (b) sympathizing maxim of order and the politeness principles that consist of (a) the politeness principle that applies tact maxim; (b) the politeness principle that applies approbation maxim; and (c) the politeness maxim that applies sympathy maxim.
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Schlachter, Monika. „Transnational Temporary Agency Work: How Much Equality Does the Equal Treatment Principle Provide?“ International Journal of Comparative Labour Law and Industrial Relations 28, Issue 2 (01.06.2012): 177–97. http://dx.doi.org/10.54648/ijcl2012012.
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The EU Temporary Agency Work Directive establishes an equal pay/equal treatment principle for agency workers that lays down a specific standard of equality, different from the one applied under anti-discrimination law. The aim of this paper is to examine the meaning of this recent equality principle, especially for transnational agency workers. For this purpose the conciliation of the agency work directive with the Posting of Workers Directive (PWD), providing only a minimum level of employment conditions, is examined. In principle the agency directive appears to apply a more far-reaching standard of equality, allowing transnational agency workers to compare their contractual entitlements with what they would have been entitled to had they concluded an employment contract directly with the user undertaking. This seems to be the result of focusing primarily on the factual aspects of work: equal conditions should be provided for co-workers doing roughly the same work in the same place. The legal status of the actor concluding the relevant contract with the worker does not seem to be decisive in these triangular contractual relationships. But this standard will presumably not be applied on a regular basis as the directive allows for various exceptions. Stretched as widely as possible, those exceptions might have a significant impact on the equal treatment principle. The directive might then be rendered incapable of providing more than the minimum standard guaranteed by the posting directive. However, there remains a chance of avoiding this outcome. The exceptions enshrined in the agency directive contain a safeguard clause guaranteeing 'overall protection' of workers, that could be interpreted in such a way as to disallow any reversion to a mere minimum standard. This paper argues that it is necessary to follow this interpretation in order to maintain a meaningful level of protection.
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Loos, Marco B. M. „Transparency of Standard Terms under the Unfair Contract Terms Directive and the Proposal for a Common European Sales Law“. European Review of Private Law 23, Issue 2 (01.04.2015): 179–93. http://dx.doi.org/10.54648/erpl2015015.
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Abstract: This paper discusses whether and to what extent the transparency principle is applicable to standard contract terms legislation under European Union law and what the consequences are when the principle, in so far as it is recognized, is breached. To that extent, it focuses first on the Unfair Contract Terms Directive and second on the proposal for a Common European Sales Law. Résumé: Cet article traite si et dans quelle mesure le principe de transparence s'applique à la législation européenne de conditions générales et quelles sont les conséquences lorsque le principe, dans la mesure où il est reconnu, a été violé. Dans cette mesure, il se concentre d'abord sur la Directive concernant les clauses abusive dans les contrats conclus avec les consommateurs et d'autre part sur la proposition d'un Droit Commun Européen de la Vente. Zusammenfassung: Dieser Aufsatz beschreibt, ob und inwieweit der Grundsatz des Transparenzgebots gilt nach das europäischen AGB-Recht und was die Konsequenzen sind, wenn das Gebot verletzt wird. Der Aufsatz konzentriert sich zunächst auf die Klauselrichtlinie und zweitens über den Vorschlag für einen Gemeinsamen Europäischen Kaufrechts.
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Hellner, Michael. „The Country of Origin Principle in the E-commerce Directive – A Conflict with Conflict of Laws?“ European Review of Private Law 12, Issue 2 (01.04.2004): 193–213. http://dx.doi.org/10.54648/erpl2004015.
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Abstract: The question of the legal nature of the so-called country of origin principle in Article 3 of the EC E-commerce Directive causes great confusion. Many, including e-service providers, advocate that the provision should be understood as a choice of law rule designating the law of the place of establishment of the service provider as applicable. However, Article 1(4) of the Directive explicitly states that no additional rules of private international law are created. Is there a conflict within the Directive or can such a conflict be avoided? There are basically three ways in which the country of origin principle could be understood: (i) the E-commerce Directive establishes a choice of law rule for the law applicable to e-commerce services, irrespective of the provision in Article 1(4); (ii) the country of origin principle of the E-commerce Directive only sets out certain limitations to the application of the designated law; (iii) the Directive makes the rules of the home country of the service provider internationally mandatory and thus applicable irrespective of what law is applicable to the contract or tort etc. This article analyses the three alternatives and advocates the last solution as the one which is not only line with the legislative intent but also permits the Directive to maintain logical coherence.
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Krivins, Anatolijs. „Legislative framework of in-house procurement“. SHS Web of Conferences 68 (2019): 01026. http://dx.doi.org/10.1051/shsconf/20196801026.
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The article “Legislative Framework of In-house Procurement” examines the importance of the concept of the in-house transactions in Public Procurement. The purpose of the work is to analyse the Legislative Framework from the perspective of the principle of free competition. The study of free competition is based on works and the main ideas of the following authors: Adam Smith, Jean-Baptiste Say, David Ricardo, Thomas Robert Malthus, John Stuart Mill, John Maynard Keynes, Friedrich August von Hayek and Milton Friedman. Having done the analysis of the EU directives and regulations concerning In-house Procurement (Directive 2014/24/EU; Directive 2014/25/EU; Directive 2013/34/EU; Case C-107/98, Case C-26/03, Case C-84/03, Case C-295/05, Case C-480/06, Case C-324/07, Case C-573/07, Case C-196/08, Case C182/11 and C183/11), as well as normative regulations of several countries, the author made a conclusion, that In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. The data obtained confirm this hypothesis. The results obtained allow us to develop recommendations for the Legislative Framework of In-house Procurement. The results of the research can be used by procurement theoreticians and practitioners.
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Montini, Massimiliano, und Emanuela Orlando. „Balancing climate change mitigation and environmental protection interests in the EU Directive on carbon capture and storage“. Climate Law 3, Nr. 2 (2012): 165–80. http://dx.doi.org/10.1163/cl-2012-061.
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The EU Climate and Energy Package highlights the potential contradictions between the climate change imperative of reducing GHGs emissions and the importance to maintain environmental integrity. While the package supports climate change mainstreaming, it remains to be seen to what extent it succeeds in achieving internal environmental integration between climate change mitigation and other environmentprotection objectives. Directive 2009/31/EC on the capture and geological storage of carbon dioxide (hereinafter the CCS Directive) offers a paradigmatic example of this potential conflict. One of the main regulatory challenges arising from the CCS Directive relates to finding the proper balance between the different interests involved and the not-fully-consistent objectives of environmental protection, climate change mitigation, and energy security. The present article will discuss this regulatory challenge and examine how the CCS Directive’s regulatory framework for CCS permits a combination of the various interests at stake and the giving of proper weight to concerns about environmental protection. The role that the precautionary principle in conjunction with the proportionality principle may have in balancing climate change mitigation and environment-protection interests will be considered.
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Wagner, Michael A. „Revisiting the Country-of-Origin Principle in the AVMS Directive“. Journal of Media Law 6, Nr. 2 (31.12.2014): 286–304. http://dx.doi.org/10.5235/17577632.6.2.286.
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Cremers, Jan. „Free movement of services and equal treatment of workers: the case of construction“. Transfer: European Review of Labour and Research 12, Nr. 2 (Mai 2006): 167–81. http://dx.doi.org/10.1177/102425890601200205.
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Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the ‘country of origin’ principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase.
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Ehlermann, Claus Dieter. „Harmonization versus competition between rules“. European Review 3, Nr. 4 (Oktober 1995): 333–42. http://dx.doi.org/10.1017/s1062798700001654.
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In spite of the need for harmonisation resulting from the internal market, competition between rules has increased considerably during the last years. Several factors have contributed to this development, in particular the principle of mutual recognition, the new method for harmonisation, the decreasing sensitivity with respect to differences in the costs of production and the principle of subsidiarity. The use of the directive as the privileged instrument for harmonisation is contrary to the principle of subsidiarity at the level of control of Community rules. It is therefore appropriate to substitute framework regulations to directives in order to facilitate the control of implementation by interested individuals and companies.
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Dourado, Ana Paula. „Debate: Is There A Need for A Directive on Pillar Two?“ Intertax 50, Issue 6/7 (01.05.2022): 521–26. http://dx.doi.org/10.54648/taxi2022056.
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A legally binding link for a simultaneous implementation of Pillars One and Two in the European Union (EU), as requested by one Member State, has not been accepted by the French Presidency. The author contends that a legal link between the Directive on Pillar Two and international developments is not incompatible with European sovereignty. This is so, for several reasons: (1) the competence for implementing the minimum tax foreseen by Pillar Two is not exclusive to the EU; (2) the principle of primacy would not impede the EU harmonization on Pillar Two being made dependent upon the evolution of the international agreements on the topic; (3) taking into account the developments of Pillar Two and the contents of the proposal for a Directive, it is dubious that a Directive is necessary for fulfilling the requirements of the internal market; (4) the interaction among all the instruments, exceptions, deferrals, and options foreseen in the model rules, in the original Proposal and the concessions may lead to multiple regimes. The latter can be achieved by the national transposition of the model rules. Pillar Two Directive, principle of autonomy, principle of primacy, European sovereignty, EU legal order, international tax agreement, treaty override, EU external relations, EU competence, subsidiarity, proportionality
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van Os, Pieter. „Interest Limitation under the Adopted Anti-Tax Avoidance Directive and Proportionality“. EC Tax Review 25, Issue 4 (01.08.2016): 184–98. http://dx.doi.org/10.54648/ecta2016020.
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This article scrutinizes the compatibility of the interest limitation rule the European Union (EU) legislature included in its anti-tax avoidance directive adopted on 12 July 2016 with the proportionality principle. Under its settled case law concerning domestic interest limitation rules restricting a fundamental freedom for purposes of combating tax avoidance practices, the European Court of Justice (ECJ) holds that such measures do not comply with the principle of proportionality if they, amongst others, either do not provide the taxpayer with an opportunity to substantiate the commercial reasons for not entering into an arm’s length loan arrangement, or restrict the deductibility of more interest than an arm’s length interest. As the rule does neither adhere to the counterevidence rule nor to the arm’s length principle, it is questionable whether its status as secondary EU law suffices for purposes of disregarding the aforementioned limitations set by the ECJ. Amongst others, the author takes the view that on the basis of ECJ case law, the interest limitation rule may be considered incompatible with the proportionality principle.
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Haslehner, Werner. „Debate: Is There A Need for A Directive on Pillar 2? A Few Normative Comments“. Intertax 50, Issue 6/7 (01.05.2022): 527–30. http://dx.doi.org/10.54648/taxi2022057.
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Poland’s request to link the entry into force of the Pillar 2 Directive to an international agreement on Pillar 1 raises fundamental questions about the European constitutional structure. Beyond the mere legality of such a link, this contribution seeks to respond to some normative concerns related to the creation of such secondary legislation. Pillar 2 Directive, principle of autonomy, principle of primacy, European sovereignty, EU legal order, international tax agreement, treaty override, EU external relations, EU competence, subsidiarity, proportionality
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SERBOV, Mykola. „GLOBAL EXPERIENCE ADAPTATION OF FRESHWATER RESOURCES MANAGEMENT IN THE IMPLEMENTATION OF WATER FRAMEWORK DIRECTIVE“. Ukrainian Journal of Applied Economics and Technology 7, Nr. 1 (26.01.2022): 222–29. http://dx.doi.org/10.36887/2415-8453-2022-1-28.
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Introduction. In connection with European integration, Ukraine needs to study the global experience of managing freshwater resources and develop and implement legislative and regulatory documents of the Water Framework Directive. Accordingly, the international experience adaptation of working freshwater resources in the conditions of implementing the Water Framework Directive is among the main tasks of the research. At the same time, a number of its provisions are declarative. There are also problems with the norms related to the control mechanism of the Convention. The purpose of the article is to adapt the global experience of managing freshwater resources in the context of the implementation of the Water Framework Directive. The results. The management of freshwater resources of Ukraine under the conditions of implementation of the Water Framework Directive was studied. Relevant directions for the performance of the Water Framework Directive in Ukraine have been developed: integrated management of freshwater resources based on the basic principle has been implemented, territorial zoning has taken place, and the project Strategy for the Development of Water Policy of Ukraine - Water Strategy has been developed, as well as a pilot project for water quality monitoring has been developed. The implementation mechanism of the integrated basin principle of freshwater resource management based on the Water Framework Directive 2000/60/EC, which considers the leading tools, guides, and tasks of implementing European legal and environmental standards, is substantiated. It was determined that the implementation mechanism is based on the legislative-normative, scientific-innovative, software-technical, and resource-infrastructural tasks of the Water Framework Directive 2000/60/EC. Conclusions. It is substantiated that the main tasks of the implementation mechanism of the integrated basin principle of freshwater resources management are: balanced management of freshwater resources on the basis of the basin principle; integration of protection and stable water management; maintenance and improvement of the aquatic environment; stimulation of innovative projects and developments related to modernization; creation of new water infrastructure; development of the community of member states; business and the form based on public-private partnership; implementation of the Water Framework Directive 2000/60/EC. Keywords: freshwater resources, innovation, sustainable development, Water Framework Directive.
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Janusz-Pohl, Barbara, und Paulina Kosmatka. „Zmiany w prawie karnym procesowym – analiza z perspektywy zasady koncentracji“. Prawo w Działaniu 47 (2021): 9–36. http://dx.doi.org/10.32041/pwd.701.
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This paper presents an analysis of the issue of formulating the principle of concentration in the Polish criminal procedure. General issues of criteria for distinguishing the principles of law and the interactions of different principles are discussed. The principle of concentration is perceived as the principle of concentration of procedural actions in criminal proceedings and at the same time efforts are made to ensure its maximum temporal scope, scope of application, and the entities it applies to. The presented approach is directive, and not descriptive, which means that the principle of concentration is presented in the form of a legal norm (a norm obliges an entity to make use of the granted competencies). Some controversies are connected with the issue of the addressees of the principle in question, more precisely whether it is addressed only to procedural authorities or to the parties and other participants (so-called non-institutional participants) as well. Among suggestions of legislative amendments, the need for proper codification of the principle of concentration is indicated. The considerations also include an examination of the emanations of this principle, resulting from the 2019 and 2021 amendments to the Code of Criminal Procedure. In this context, attention is drawn to the possible conflicts between the principle of concentration and other principles, in particular the principle of the right of defence, the principle of truth, the audiatur et alteram partem principle or the requirement of taking into account legally protected interests of the injured party.
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De Smedt, Kristel. „Is Harmonisation Always Effective? The Implementation of the Environmental Liability Directive“. European Energy and Environmental Law Review 18, Issue 1 (01.02.2009): 2–18. http://dx.doi.org/10.54648/eelr2009001.
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The objective of the Environmental Liability Directive (ELD) is to establish a framework of environmental liability based on the “polluter–pays” principle, to prevent and remedy environmental damage. The difficult negotiations during the development phase of the Directive however caused that the final decision on crucial elements of the liability regime were passed on to the Member States, as for example the scope of the regime, or the insertion of defences. Hence, the implementation of the ELD in the Member States can differ. Which choices do the Member States now make with respect to these crucial elements? Do the Member States go further than what the Directive requires or do they take advantage of the discretionary provisions to minimise the Directive’s impact? This article examines, from a law and economics perspective, whether the Directive, considering the content and the implementation by the Member States, can realise its ambitious objective.
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McCormack-George, Dáire. „Recognition of Professional Qualifications in the Single Market: A Recap“. European Business Law Review 30, Issue 5 (01.10.2019): 785–815. http://dx.doi.org/10.54648/eulr2019032.
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This paper considers the circumstance in which EU and third-country nationals may have their professional qualifications recognised under and in accordance with EU law. The analysis is structured as follows. First, it considers the principle underlying the recognition of qualifications in the single market, namely the principle of mutual recognition. It then outlines the different conceptions of mutual recognition which have been adopted for the purposes of facilitating the recognition of qualifications in the Single Market as a background to the current law, namely Parliament and Council Directive 2005/36/EC on the recognition of professional qualifications, as amended. The Recognition Directive is then addressed and discussed in detail. It considers the effects the application of the Recognition Directive has on regulated professions and the circumstances in which third-country nationals might benefit from the terms of the Recognition Directive.
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Bastian, Olaf. „Adopting the Precautionary Principle in Designing and Managing Natura 2000 Areas (Exemplified by the Conservation of the Butterfly Maculinea Nausithous in a Rural Landscape North of Dresden (Saxony))“. Journal of Landscape Ecology 1, Nr. 1 (01.01.2008): 14–22. http://dx.doi.org/10.2478/v10285-012-0002-7.
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Adopting the Precautionary Principle in Designing and Managing Natura 2000 Areas (Exemplified by the Conservation of the Butterfly Maculinea Nausithous in a Rural Landscape North of Dresden (Saxony)) The precautionary principle is more and more incorporated into national law and decision-making on natural resource management and biodiversity conservation. In the coherent European network of protected areas Natura 2000, the precautionary principle finds expression in the obligation to provide favourable conditions for the long-term survival of species and habitats, especially of the priority ones listed in the annexes of the Habitats Directive and the Birds Directive. After describing principles, structure, implementation and procedures of this rather new instrument for nature conservation using the example of one of the various Natura 2000 areas in Saxony (Germany), opportunities and problems for biodiversity conservation are outlined with particular regard for the situation in an agricultural landscape. Special attention is given to the following questions: requirements of and actual threats to the target species (the butterfly Maculinea nausithous), legal means and economic incentives for suitable measures, the management plan, and the role of stakeholders. It turns out that Natura 2000 could be an effective tool to advance nature conservation, and with special regard to the precautionary principle. Every effort is necessary to gain more public acceptance of Natura 2000, as well as to improve scientific knowledge concerning species and habitats under protection.
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Fehr, Karl-Heinz, Barbara Friedrich und Susanne Scheil. „Liability Directive - a Useful Tool for Nature Protection?“ Journal for European Environmental & Planning Law 4, Nr. 2 (2007): 110–16. http://dx.doi.org/10.1163/187601007x00118.
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AbstractThree years ago the Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage entered into force. Dividing environmental damage into three different categories (biodiversity, water and soil), the Directive's concept is based on a mixed liability system following the US-American example while stressing the polluter-pays-principle. Member States have to incorporate the Directive's provisions into national law by 30 April 2007. Yet the efficiency of the measures is still doubtful. The following article illustrates the Directive's provisions and highlights its problems, particularly those resulting from exemptions, concluding that further instruments are necessary in order to achieve comprehensive nature protection.
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KRUSTIYATI, Atik, Sylvia JANISRIWATI, Novela CHRISTINE und Mokhamad Khoirul HUDA. „Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles“. Journal of Advanced Research in Law and Economics 9, Nr. 3 (15.06.2020): 905. http://dx.doi.org/10.14505/jarle.v11.3(49).25.
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Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest. As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.
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Möllers, Thomas M. J. „The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit“. European Review of Contract Law 16, Nr. 4 (26.11.2020): 465–88. http://dx.doi.org/10.1515/ercl-2020-0026.
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AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.
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Sejan, Sakhawat Sajjat, und Shakhawat Hossain. „Utilizing Eurocentric Temporary Protection Directive as a Global Approach of Refugee Protection“. Lambung Mangkurat Law Journal 9, Nr. 1 (29.03.2024): 34–50. http://dx.doi.org/10.32801/abc.v9i1.155.
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The temporary protection directive is one of the noblest mechanisms of the European refugee protection regime. The European Union has designed it following the principle of temporary protection and non-refoulement of international refugee law. The United Nations Refugee Convention is the institutional root of these principles. In 2001, the EU has adopted the directive to improve its refugee protection mechanism. But they have never activated the directive until the current Ukrainian refugee crisis. This has remained as a piece of paper or unnecessary tool for the European countries. Their reluctance towards activating the directive seems to be hegemonic and political to some extent. Though they had all the grounds for activating the directive during the Syrian, Afghan or Tunisian refugee crisis, they did not choose to activate it. The paper doesn’t oppose the activation of TPD for Ukrainian refugees. It only explores and discusses the dualist role of the EU in activating TPD. The paper is also asking for its universal application for any refugees irrespective of their origin and the EU’s geopolitical interest. Lastly, it solicits for the utilization of the ‘doctrine of temporary refuge’ across the countries in the best possible manner considering the example of EU’s TPD.
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Botta, Marco. „The Principle of Passing on in EU Competition Law in the Aftermath of the Damages Directive“. European Review of Private Law 25, Issue 5 (01.10.2017): 881–907. http://dx.doi.org/10.54648/erpl2017057.
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Abstract: Passing on is a key factor to define the locus standi of the claimant in damages claims in national courts. In particular, the concept legitimizes the legal standing of the indirect customer in case the direct purchaser transferred the damage to the indirect customer. Secondly, it can be relied by the defendant in case the direct customer ‘passed on’ the damage to its customers and thus it did not suffer any harm to have legal standing (i.e. passing on defence). Passing on can be considered a general principle of EU law, elaborated by the Court of Justice jurisprudence in relation to the restitution of unlawful charges and later extended to other EU policies. The article looks at the application of the principle of passing on in EU competition law, in the light of case law of the Court of Justice, soft law adopted by the EU Commission and the Damages Directive. In particular, the article assesses the application of the principle of passing on in four EU Member States (i.e. Germany, France, Italy and UK), analyzing for each jurisdiction the national case law on passing on and the on-going transposition process of the Damages Directive. The aim of the article is to assess whether the concept of passing on had already been recognized by national case law in the selected jurisdictions before the Damages Directive and thus to evaluate the ‘added value’ of EU acquis on passing on in the legal systems of the selected jurisdictions. Résumé: La répercusssion du surcoût est un facteur clé pour définir le locus standi du plaignant dans les réclamations de dommages et intérêts devant les tribunaux nationaux. En particulier, le concept légitimise l’intérêt à agir du client indirect au cas où l’acheteur direct répercute le dommage sur le client indirect. Deuxièmement, il peut être invoqué par le défendeur au cas où le client direct “répercute” le dommage sur ses clients et donc n’a pas subi de préjudice pour être fondé à agir (c.à d. répercussion du surcoût). La répercussion peut être considérée comme un principe général en droit de l’UE, élaboré par la jurisprudence de la Cour de Justice en matière de dédommagement pour préjudice subi illégalement et étendu plus tard à d’autres politiques européennes. L’article étudie l’application du principe de répercussion en droit européen de la concurrence, à la lumière de la jurisprudence de la Cour de Justice, du droit non contraignant de la Commission de l’UE et de la Directive relative aux dommages et intérêts. En particulier, l’article analyse l’application du principe de la repercussion dans quatre Etats membres (Allemagne, France, Italie et Royaume Uni), étudiant pour chaque pays la jurisprudence nationale en matière de répercussion et le processus de transposition en cours de la Directive sur les dommages et intérêts. L’objectif du présent article est de rechercher si le concept de répercussion a déjà été reconnu, avant la Directive sur les dommages et intérêts, par la jurisprudence nationale dans les pays choisis et donc d’évaluer la “valeur ajoutée” de l’acquis communautaire de la répercussion dans les systèmes juridiques des pays sélectionnés. Mots-clés Intérêt à agir; Application par les particuliers du droit européen de la concurrence; Actions en dommages et intétêts pour infraction aux règles de la concurrence; Répercussion du surcoût; Intérêt à agir du clie
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Dragišić, Radmila. „The basic principle of sincere cooperation in the law of the European Union“. Glasnik Advokatske komore Vojvodine 95, Nr. 2 (2023): 611–42. http://dx.doi.org/10.5937/gakv95-37970.
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Although it is somewhat wider in scope by its character than the other basic principles that regulate the relationship between the law of the European Union and the domestic law of Member States, the principle of loyal or, according to the Lisbon solutions, "sincere" cooperation represents one of central definitive and developmental building elements on which the legal order of this European organization rests. Thus, the focus of this article is the notion and definition of this principle, its genesis, as well as the scope of its application in relation to directives as formal sources of EU law; the positions held by the Court of Justice of the European Union contributed the most to this analysis. The research utilized analytical and synthetical methods, with content analysis and historical-comparative analysis taking the centre stage. The article ends with concluding remarks, where the most interesting ones are those that contribute to the argument that the principle of sincere cooperation belongs to the category of tools via which national difference could be lessened in order to achieve the goals of the European organization and that the presupposition for this to happen is, among other factors, to remove the malformations that exist in the relationship between the principle of sincere cooperation and the directive as a source of secondary law of the European Union.
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Kosińska, Anna Magdalena. „The Problem of Criminalisation of the Illegal Entry of a Third-Country National in the Case of Breaching an Entry Ban—Commentary on the Judgment of the Court of Justice of 1 October 2015 in Case C 290/14, Skerdjan Celaj“. European Journal of Migration and Law 18, Nr. 2 (17.06.2016): 243–57. http://dx.doi.org/10.1163/15718166-12342101.
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This article seeks to analyse the judgment of the Court of Justice in the Celaj case. The ruling in question concerns Italian national legislation which facilitates the imposition of criminal law sanctions on a third-country national who illegally enters the territory of a Member State accompanied by a breach of a previous entry ban. Although Advocate General Maciej Szpunar claimed in his opinion that such a national provision was incompatible with the main purpose of the Return Directive (which is, in principle, to return every undocumented migrant), the Court of Justice decided in the final judgment that the criminalisation of such an illegal entry should be allowed. Moreover, in its ruling, the Court of Justice suggests that authorities should differentiate between the first entry and subsequent entries and thus apply the provisions of the directive accordingly. The author analyses and compares the Advocate General’s opinion with the final judgement of the Court and examines the consequences of the ruling for eu return policy. The ruling in question, which, in the author’s opinion, has a precedent character and may raise controversies, implies a juxtaposition of conflicting values: the principle of effectiveness of the Return Directive as opposed to ensuring full respect for the rule of law, the effectiveness of law and of the principle of ‘nullum crimen sine lege’. By giving priority to the principles of the rule of law and legal certainty, the Court clearly indicates that ‘it is not a crime to be a foreigner,’ yet the law imposes certain rules and duties on foreigners, which they must abide by, whereas the duty of Member States is to uphold the rule of law.
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Ariefandi, Febryan. „Ilokusi yang Memberikan Efek Humor kepada Pembaca dalam Manga Azumanga Daioh“. LITE: Jurnal Bahasa, Sastra, dan Budaya 14, Nr. 2 (26.09.2018): 118–38. http://dx.doi.org/10.33633/lite.v14i2.2324.
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The purpose of this study is to describe the form and meaning of illocutionary acts which create humor effect in the manga entitled Azumanga Daioh Volume 1 by Azuma Kiyohiko. The data source of this study is the casts’ speeches which have potential to be an illocutionary acts. Data were collected and analyzed based on theory of Searle illocutionary acts. Data were also analyzed using theory of Grice cooperative principle to find a maxim of cooperative principle’s violation. The type of this study is qualitative description with pragmatic approach. The result of this study showed that illocutionary acts within Azumanga Daioh Volume 1 categorized at five illocutionary forms, consisted of assertive “admittingâ€, “claimingâ€, and “speculatingâ€, directive “requirement†and “prohibitionâ€, expressive “criticismsâ€, comissive“offeringâ€, and declarative “decidingâ€. Those illocutionary acts also violated maxim of cooperative principles that are maxim of quantity, maxim of quantity, maxim of relevance, and maxim of manner. Illocutionary acts are also acts as a support to create humor within speeches. Keywords : Speech Acts, Illocutionary Acts, Cooperative Principle, Violation, Humor
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Chilton, Christopher. „Continuity in surgical care“. Bulletin of the Royal College of Surgeons of England 91, Nr. 10 (01.11.2009): 350–51. http://dx.doi.org/10.1308/147363509x477176.
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There are many influences both external and internal that have an impact on the continuity of care of surgical patients. External forces include EU legislation, such as the European Working Time Directive (EWTD); UK government imperatives, such as clinical targets; and Department of Health directives, for instance, Choose and Book. While all are laudable in principle their unintended consequences, however, have created unmanageable and potentially dangerous outcomes for patients.