Academic literature on the topic 'Appellate procedure – European Union countries'
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Journal articles on the topic "Appellate procedure – European Union countries"
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Raj, Vishakha, and M. P. Ram Mohan. "Appellate Body Crisis at the World Trade Organization: View from India." Journal of World Trade 55, Issue 5 (September 1, 2021): 829–52. http://dx.doi.org/10.54648/trad2021035.
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There has been a crisis prevailing at the Appellate Body of the World Trade Organization (WTO) since December 2019. The United States’ (US) refusal to allow the appointment of members to the WTO’s Appellate Body has disturbed the functioning of the entire WTO dispute settlement process. In order to mitigate the effects of this, the European Union (EU) has proposed a multi-party interim appeal arbitration agreement (MPIA) which has been joined by over twenty other WTO members. In the absence of rules-based dispute settlement, countries will most probably resort to bilateral negotiations. This will be prejudicial to the interests of developing countries that have consistently been disadvantaged during bilateral negotiations and fared better in proceedings with third-party adjudication. Though India has expressed concerns about the Appellate Body crisis, it has not joined the MPIA and has stated that it does not intend to do so either. This article explains why India would benefit from joining the MPIA especially given the disputes it has pending before WTO Panels. Joining the MPIA will help India avoid unilateral sanctions at the first instance and increase the likelihood of compliance by other WTO members that are a part of the MPIA. WTO, Appellate Body, India, dispute settlement, multilateralism, United States, European Union
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Gaćeša, Radmila. "European Union Convention on Common transit procedure." Bankarstvo 51, no. 2 (2022): 173–84. http://dx.doi.org/10.5937/bankarstvo2202173g.
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On February 1st 2016, the Republic of Serbia acquired the status of a full member of the European Union Convention on Common Transit Procedure, and joined the existing members: EU countries, EFTA countries, as well as individual members Turkey and the Republic of North Macedonia. In this way, Serbia put its particularly important geopolitical position in Europe, and its openness to support and acceptance of foreign direct investments, into the function of further dynamic improvement in the sphere of economy and overall economic development.
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Gonzalez, Andrea Maria, and Aldina Sakhi. "The Multi-party Interim Appeal Arbitration Arrangement: An Update." Global Trade and Customs Journal 17, Issue 10 (October 1, 2022): 436–40. http://dx.doi.org/10.54648/gtcj2022062.
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The World Trade Organization’s Appellate Body (AB) continues to face an existential and operational crisis. Since 2017, the United States has blocked the selection of replacements for retiring AB members. As a result, the Appellate Body no longer has any active members and, therefore, cannot function. In March 2020, a group of 16 WTO members, including the European Union, promoted an initiative to establish a ‘multi-party interim appeal arrangement’ (MPIA), as an alternative to AB proceedings pending a resolution of the AB impasse. The arrangement is intended to allow disputes to be resolved finally by an impartial adjudicating body and to preserve a two-tier WTO dispute settlement system, until the Appellate Body resumes its functions. This Article provides a review of the structure and provisions of the MPIA and an update on how it has worked in practice. To date, no WTO dispute has gone through the MPIA process. However, in two recent disputes, Türkiye, which is not an MPIA party, and the European Union entered into agreements on appeals using a process very similar to the MPIA. One of those disputes has proceeded to the appeal stage under this arrangement. This note also provides the review of the differences between the MPIA and the Türkiye-EU mechanism. The World Trade Organization's disputes, the Dispute Settlement Body, Appellate Body Members, Multi-party interim appeal arrangement, MPIA, structure, appeal arbitration procedure, arbitrators, MPIA arbitrator, outgoing disputes, the first case to use appeal, Article 25 Arbitration, Türkiye-EU appeal arbitration agreement, WTO reform, MC12 outcome.
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Svoboda, Ondrej. "EU Reform Agenda in Defence of the Judicialization of International Economic Law." European Foreign Affairs Review 25, Issue 2 (August 1, 2020): 177–96. http://dx.doi.org/10.54648/eerr2020018.
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A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance. European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
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LEVY, PHILIP I., and DONALD H. REGAN. "EC–Seal Products: Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports)." World Trade Review 14, no. 2 (April 2015): 337–79. http://dx.doi.org/10.1017/s1474745615000051.
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AbstractThe EC–Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning of a ‘technical regulation’, and the interpretation of TBT 2.1.
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Dec, Pawel, and Piotr Masiukiewicz. "Models of Bankruptcy Procedures in European Union." Business and Management Horizons 3, no. 2 (December 1, 2016): 46. http://dx.doi.org/10.5296/bmh.v4i2.10275.
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This paper focuses on the analysis of comparative models bankruptcy in selected EU countries and the evaluation of the effectiveness of the insolvency proceedings. These models are quite similar in the countries concerned; also they give the opportunity to the many variants of the bankruptcy procedure. The main thesis of the article is—so far developed and applied models of bankruptcy are still insufficient and need to be improved and reorientation to a greater extent, particularly concerning the taking into account of weak signals from the business environment. The authors analyzed the relevant theories of the firm and its reference to bankruptcy, presented various models of insolvency procedures in selected EU member states, analyzed the so-called European Company for bankruptcy. Complementing the paper detailed research on the effectiveness of insolvency proceedings in many countries. Included in the text of the conclusions show the shortage of both in theory and in practice, a comprehensive solution to the problem of insolvency proceedings.
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Echevarría, Gorka. "In the Name of Free Trade: WTO against the Brazilian Tax Incentives." Global Trade and Customs Journal 15, Issue 5 (May 1, 2020): 235–43. http://dx.doi.org/10.54648/gtcj2020032.
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The Tax incentives offered by Brazil to local production triggered a WTO dispute by the European Union and Japan against the presumably ‘discriminatory tax advantages’ that for years have severely harmed these countries’ automotive and technological industries. This article explores, through the review of the claims submitted by the parties to the dispute, the Panel and the Appellate Body’s resolutions, if these tax incentives effectively increased the border protection in Brazil by imposing a higher tax burden on imported goods than on domestic goods; conditioning tax advantages to the use of domestic goods and, providing export-contingent subsidies. WTO, Brazil, GATT, TRIMS, INOVAR-Auto, Informatics, Tax incentives, Subsidies
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Adijāne, Iveta. "CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
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There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
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Adijāne, Iveta. "CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
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There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
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Kovalenko, Tetiana. "Trademark registration in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 65–72. http://dx.doi.org/10.33731/32022.262625.
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Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection
The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use.
The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
Dissertations / Theses on the topic "Appellate procedure – European Union countries"
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COURELL, Ann Marie. "The friendly settlement procedure under the European convention on human rights." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.
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Defence date: 30 March 2007Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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García-Perrote, Forn Ma Elena. "Proceso penal y juicios paralelos." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/386469.
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El principio de publicidad de las actuaciones judiciales se encuentra consagrado como un derecho fundamental en el artículo 24.2 de nuestra Constitución. Este derecho no es de carácter absoluto y se encuentra sometido a ciertas limitaciones previstas legalmente. La publicidad del proceso penal implica que tengan conocimiento de las actuaciones, no solo los propios interesados, sino también extraños al proceso. Esta actividad de difusión de la noticia, garantía de funcionamiento del Poder Judicial en una sociedad democrática, se efectúa principalmente por los medios de comunicación. El problema se produce cuando se informa sobre un hecho noticiable que se encuentra sub iudice y los Mass Media, a través de un “juicio paralelo”, pretenden, de forma continua y sesgada, examinar y valorar el proceso judicial, las pruebas y las personas implicadas en los hechos y asumen así el papel de juez e inducen a éste a un veredicto anticipado de culpabilidad o inocencia ante la opinión pública. Esta actividad colisiona con posiciones subjetivas de los individuos, que también tienen la consideración de derechos fundamentales como son los derechos a: (i) un proceso justo; (ii) un juez imparcial; (iii) la presunción de inocencia y (iv) recibir y comunicar información.
Con esta tesis doctoral se ha procedido a estudiar dicha problemática así como las respuestas que la legislación, la jurisprudencia y la doctrina dan, en nuestro Ordenamiento jurídico y en derecho comparado, para conciliar estos derechos fundamentales con los intereses mediáticos de le prensa, así como las garantías previstas legalmente en el ámbito penal, civil y contencioso- administrativo para la salvaguarda de los mismos. En la parte final del trabajo se apuntan posibles soluciones al problema de los “juicios paralelos” que puedan dar respuesta al interés general de la sociedad en su pretensión de obtener una justicia eficaz en la represión del delito a la vez que respetuosa con los derechos de todos los ciudadanos que se pueden ver involucrados en el proceso judicial.El principi de publicitat de les actuacions judicials es troba consagrat com un dret fonamental en l’article 24.2 de la nostra Constitució. Aquest dret no és de caràcter absolut i està sotmès a determinades limitacions previstes legalment. La publicitat del procés penal implica que tinguin coneixement de les actuacions, no només els propis interessats, si no també estranys al procés. Aquesta activitat de difusió de la notícia, garantia del funcionament del Poder Judicial en una societat democràtica, és realitzada, principalment, pels mitjans de comunicació. El problema es produeix quan s’informa d’un fet que és notícia i que es troba sub iudice, i els mass media, mitjançant un “judici paral·lel”, pretenen de forma continuada i esbiaixada examinar i valorar el procés judicial, les proves i les persones implicades en els fets, assumint el paper de jutge, induint a un veredicte anticipat de culpabilitat o innocència a aquest en front de l’opinió pública. Aquesta activitat topa amb posicions subjectives dels individus que també tenen la consideració de drets fonamentals com són els drets a: (i) un procés just; (ii) un jutge imparcial; (iii) la presumpció d’innocència i (iv) rebre i comunicar informació. Amb la present tesis doctoral s’ha procedit a estudiar la referida problemàtica així com les respostes que la legislació, la jurisprudència i la doctrina donen en el nostre Ordenament Jurídic i en dret comparat, per tal de conciliar aquests drets fonamentals amb els interessos mediàtics de la premsa, així com les garanties previstes legalment en l’àmbit penal, civil i contenciós – administratiu per a la salvaguarda dels mateixos. En la part final del treball s’apunten possibles solucions al problema dels “judicis paral·lels” que poden donar resposta a l’interès general de la societat en la seva pretensió d’obtenir una justícia eficaç en la repressió del delicte a la vegada que respectuosa amb els drets de tots els ciutadans que es puguin veure involucrats en el procés judicial.
The principle of publicity of judicial actions is set forth as fundamental right in article 24 of the Spanish Constitution. Nevertheless, this is not an absolute right: it has some legal limitations. The publicity of the criminal procedure implies that not only those directly affected by the procedure know the state of acts but third people. Information disclosure, which serves as a warranty of the functioning of the judicial system, is done in a democratic society by the media. The problem arises when mass media start a parallel trial while reporting on case which is still sub iudice, assessing and judging with a biased viewpoint the procedure, its participants and the evidences submitted, assuming the judge’s role and, therefore, trying to induce him/her to an anticipate judgement before the public opinion. Such activity collides with the position of the defendant, who has his/her own fundamental rights such as the right to (i) a fair trial; (ii) an impartial judge; (iii) the presumption of innocence and (iv) receive and communicate certain information. In the present thesis, the problem of parallel trials and the collision of rights have been studied taking into account the solutions provided by Law, case law and scholars both of Spanish Legal System and comparative Law in order to reconcile such fundamental rights with media’s interest and also the legal guarantees for defendants in civil, criminal and administrative procedures. In the final part of this thesis, there are some possible solutions to the problem of parallel trials which try to give an answer to society’s general interest to find an efficient justice system in punishing crimes which also respects the rights of all citizens which may be part of the process.
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Булатін, Д. О., D. O. Bulatin, and ORCID: https://orcid org/0000-0002-0200-2822. "Адміністративно-правові засади здійснення превентивної діяльності поліцією: порівняння досвіду України та країн ЄС : дисертація." Thesis, Харків, 2020. https://youtu.be/9NaUFk_HSLA.
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Булатін, Д. О. Адміністративно-правові засади здійснення превентивної діяльності поліцією: порівняння досвіду України та країн ЄС : дис. ... д-ра філос.: 12.00.07, 081 / Дмитро Олексійович; МВС України, Харків. нац. ун-т внутр. справ. - Харків, 2020. - 247 с.У дисертації міститься теоретичне узагальнення актуальної наукової проблеми, пов’язаної із визначенням адміністративно-правових засад здійснення превентивної діяльності поліцією через порівняння досвіду України та країн ЄС, а також шляхів їх удосконалення. В результаті проведеного дослідження сформульовано низку положень та висновків котрі спрямовані на досягнення поставленої мети.
The dissertation contains a theoretical generalization of the current scientific problem related to the definition of administrative and legal principles of preventive activities by the police through a comparison of the experience of Ukraine and the EU, as well as ways to improve them. As a result of the research, a number of provisions and conclusions have been formulated which are aimed at achieving the set goal.
В диссертации содержится теоретическое обобщение актуальной научной проблемы, связанной с определением административно-правовых основ осуществления превентивной деятельности полицией через сравнение опыта Украины и стран ЕС, а также путей их совершенствования. В результате проведенного исследования сформулирован ряд положений и выводов которые направлены на достижение поставленной цели.
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SONELLI, Silvia A. "L'impugnazione per motivi di diritto nel sistema comunitario : aspetti problematici e profili comparativi." Doctoral thesis, 1997. http://hdl.handle.net/1814/4792.
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Defence date: 9 May 1997Supervisor: Francis Snyder
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Con l’istituzione del Tribunale di primo grado, resa possibile dall’Atto unico europeo e realizzata con la decisione 88/951 del Consiglio, è stato introdotto nel sistema comunitario il doppio grado di giurisdizione per le cause trasferite in primo grado alla competenza del Tribunale, A seguito della progressiva espansione delle competenze trasferite, il Tribunale è attualmente giudice di primo grado per tutti i ricorsi diretti proposti dalle persone fìsiche e giuridiche. Il Trattato di Maastricht ha esteso l'ambito delle competenze " potenziali" del Tribunale: l'art. 168A CE consente infatti il trasferimento dei ricorsi diretti proposti dagli Stati membri e dalle Istituzioni comunitarie. Resta riservata alla Corte di giustizia la competenza a conoscere delle questioni pregiudiziali sottoposte ai sensi dell’an. 177 del Trattato.
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HÜTTEMANN, Suzan Denise. "Principles and perspectives of European criminal procedure." Doctoral thesis, 2012. http://hdl.handle.net/1814/24001.
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Defence date: 15 June 2012First made available online on 29 July 2019
Examining Board: Professor Neil Walker, EUI / University of Edinburgh (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary, University of London; Professor Kimmo Nuotio, University of Helsinki.
This thesis shall contribute to European Criminal Procedure, a rapidly evolving area of EU policy that has attracted much attention, but has also been subject to criticism. The research will first identify and analyse the main rationales of this area. Since the Tampere European Council of 1999, mutual recognition has become the most fundamental concept of judicial cooperation in criminal matters and has experienced a steep career, having been adopted by Art. 82 TFEU. When the principle of mutual recognition was introduced, it was based on an analogy to the free movement of goods. This analogy has often been regarded as flawed. Moreover, there has always been a notion of mutual recognition in judicial cooperation as well. The study will show how these two factors have influenced the development of the area, and how policy concepts, such as the principle of mutual trust, have had a greater influence on the development of the law than any legal doctrine. The lack of a coherent approach to the area of judicial cooperation and the unsystematic combination of different legal orders have caused unforeseen frictions for the individual. These will be illustrated by an analysis of the law of transnational evidence-gathering according to the European Evidence Warrant and the proposed European Investigation Order. It will be shown that most of the problems result from the lack of a uniform allocation of jurisdiction and from an overly confined understanding of fundamental rights in the context of judicial cooperation. By analysing the nature and purpose of jurisdictional rules in a national and a European context, the thesis aims at uncovering the theoretic foundations on which a uniform allocation of jurisdiction could be built. Finally, the thesis analyses the role of fundamental rights in judicial cooperation. It will uncover the ineptness of a nation-state oriented interpretation of fundamental rights to adequately address the problems of mutual recognition and argue for a European understanding of transnational judicial rights.
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KARLSSON, Haukur Logi. "A quantitative quest for philosophical fairness in EU’s competition procedure." Doctoral thesis, 2017. http://hdl.handle.net/1814/48005.
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Defence date: 15 September 2017Examining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
The question of procedural fairness in EU’s competition procedure has been discussed widely in the academic literature based on the traditional positivistic legal method; so far without a success in producing a consensus on where the practical limitations of the concept of procedural fairness ought to lie. This thesis sets out to approach the problem more fundamentally by propping beyond the concept of procedural fairness in the legal positivistic sense, and venture into the territory of moral and political philosophy for establishing a practical understanding of the more general concept of fairness in human relations. Once the concept of fairness has been properly revealed in practical terms, the thesis attempts to quantitatively translate this concept of fairness into the laws to facilitate the composition of a fair legal rule. To achieve this, a novel methodological model is constructed based on microeconomic tools. This model, the model of fair rules, is then used to assess two dilemmas of procedural fairness in the context of EU’s competition procedure that have been solved by the CJEU based on the traditional juridical method. The results of the assessment suggest that methodological improvements can be made in the design of competition procedures with regards to facilitating procedural fairness. Such improvements would also have implications for the legal interpretive methodologies used by the EU courts.
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DELLA, CANANEA Giacinto. "I procedimenti amministrativi della Comunita Europea." Doctoral thesis, 1994. http://hdl.handle.net/1814/4610.
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STORSKRUBB, Eva. "Judicial cooperation in civil matters : a policy area uncovered." Doctoral thesis, 2006. http://hdl.handle.net/1814/6367.
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Defence date: 9 October 2006Supervisor: Prof. Jacques Ziller
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2007.
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The dissertation analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.
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BRITO, BASTOS Filipe. "Beyond executive federalism : the judicial crafting of the law of composite administrative decision-making." Doctoral thesis, 2018. http://hdl.handle.net/1814/55824.
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Defence date: 13 June 2018Examining Board: Professor Deirdre Curtin, European University Institute (Supervisor) ; Professor Miguel Poiares Maduro, European University Institute ; Professor Paul Craig, St. John's College, Oxford ; Professor Herwig Hofmann, University of Luxembourg
The thesis examines how EU courts have addressed the rule of law challenges of composite procedures. Composite procedures are pervasive administrative processes which involve joint decision-making by national and EU authorities. Such procedures fit poorly into the EU’s traditional model of administrative law, EU executive federalism, which is designed for an administrative system where decisional power is exercised separately by the two levels of administration. This mismatch would make it difficult to observe several key requirements of the rule of law in EU administrative law – such as the right to be heard, the right to a reasoned decision, judicial protection, and the control of legality. The thesis argues that EU courts have crafted a series of unprecedented implicit principles that specifically aim at ensuring the observance of rule of law requirements in composite decision-making. In doing so, EU case law has departed from the old doctrine of EU executive federalism. This was however not an easy transition. Indeed, since the EU’s foundational period, EU executive federalism was considered to be a constitutional doctrine, i.e., to immediately flow from the Treaties. Given the almost complete lack of references to administrative issues in the Treaties, this reading was entirely question-begging. Its espousal in the case law is explained in the dissertation as the likely result of a shared federalist conception of the European Union and of the administrative order created under its aegis. The thesis further argues that, just as the doctrine of EU executive federalism, the judge-made law of composite procedures relies on a series of assumptions on the relations between national and EU administration. The principles of composite decision-making do not treat national and EU authorities as two strictly separate spheres of power. Rather, they handle the two levels as a single, integrated administration, where national authorities are treated as an extension of the Commission – as the EU administration’s ancillary bureaucracy.
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ENGSTRÖM, Johanna Eva Maria. "The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? : experiences of the Swedish judiciary." Doctoral thesis, 2009. http://hdl.handle.net/1814/12704.
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Author was awarded the European Public Law Group's special distinction 2010 for her PhD thesis.Defence date: 28 September 2009
Examining Board: Profs. Ulf Bernitz (External Co-Supervisor, University of Stockholm); Gráinne de Burca (Supervisor, former EUI and Fordham University); Bruno De Witte (EUI); Walter van Gerven (University of Leuven)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Through the judge-made requirements developed in its case-law, the Court of Justice has laid down obligations on national courts to provide effective judicial protection for individuals that seek to enforce Community law claims. This thesis will study the Europeanisation of national remedies and procedures that comes about in this process. I will carry out the analysis in two stages. In the first stage, I will look from a European perspective at the principle of effective judicial protection, which I will view as a Trojan horse containing the judge-made requirements, and establish what is understood by effective judicial protection. I will seek to identify more precise obligations incumbent on national courts in relation to different remedies and procedural rules. Moreover, I will seek to establish the rationale of the Court's intervention into national procedural autonomy. In particular, I will consider if the rationale is a concern to protect individual rights or whether the language of 'rights' is rather used as a legitimizing pretext for enhancing the general effectiveness of Community law and for harmonising remedies and procedures. In a second stage, the thesis will empirically study the Europeanisation of remedies and procedures at the domestic level, by looking at the Swedish judiciary's reaction to those judge-made requirements. It is only by looking at what happens when the Trojan horse unfolds in the national legal system that one can understand its role and whether the principle, in practice, achieves the intended rationales, or whether its complexity in fact hampers effective judicial protection. It will emerge that, in the Swedish context, there is a gap between European theory and national practice. In this respect, the study will highlight the role of the national legal and judicial culture in ensuring the effectiveness of Community law. Conclusions will be drawn from the empirical study on whether the Trojan horse really does serve as a functional and effective tool to achieve Europeanisation of remedies and procedures and the Court's intended rationales. I will call for clarifications, coherence and better 'judicial governance' of this complicated area of law.
Books on the topic "Appellate procedure – European Union countries"
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A, Jolowicz J., and Rhee C. H. van, eds. Recourse against judgments in the European Union =: Voies de recours dans l'Union européenne. The Hague: Kluwer Law International, 1999.
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The European composite administration. Cambridge, [UK]: Intersentia, 2011.
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Nazzini, Renato. Concurrent proceedings in competition law: Procedure, evidence and remedies. Oxford: Oxford University Press, 2004.
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Billiet, Philippe. Class arbitration in the European Union. Edited by Association for International Arbitration. Antwerpen: Maklu, 2013.
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C, Rowe Gerard, and Türk Alexander, eds. Administrative law and policy of the European Union. Oxford: Oxford University Press, 2011.
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Fabrizio, De Francesco, ed. Regulatory quality in Europe: Concepts, measures and policy processes. Manchester, UK: Manchester University Press, 2011.
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Regulatory Quality in Europe: Concepts, Measures and Policy Processes (European Policy Studies). Manchester: Manchester University Press, 2007.
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Harlow, Carol. Process and procedure in EU administration. Oxford: Hart Publishing, 2014.
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Laura, Ervo, Gräns Minna, and Jokela Antti, eds. Europeanization of procedural law and the new challenges to fair trial. Groningen: Europa Law Pub., 2009.
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Schütze, Rolf A. Das internationale Zivilprozessrecht in der ZPO: Kommentar. Berlin: De Gruyter Recht, 2008.
Find full textBook chapters on the topic "Appellate procedure – European Union countries"
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Szulecki, Kacper, Marta Bivand Erdal, and Ben Stanley. "Emigration and Transnational Political Practices in Central and Eastern Europe After EU Enlargement 2004–2007." In External Voting, 21–36. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19246-3_2.
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AbstractAs the European Union expanded eastward in 2004 and 2007 to cover the formerly communist states of Central and Eastern Europe (CEE), this triggered a wave of migration which saw millions of people moving to Western and Northern European countries. What impact did that migration have on the politics of CEE countries, and what might be the relationship between outward migration and the apparent democracy backsliding occurring in some parts of the region? This is the main puzzle of this book, which looks at the way external voting results can be used to assess migrant political preferences and their change over time, as well as their potential influence on domestic politics in sending countries. This chapter sketches the political context of CEE and introduces the data gathering procedure and methodology of the project on which the book draws.
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Yarkov, Vladimir. "Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects." In EU Civil Procedure Law and Third Countries. Bloomsbury Publishing Plc, 2021. http://dx.doi.org/10.5040/9781509948758.0013.
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Yarkov, Vladimir. "Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects." In EU Civil Procedure Law and Third Countries, 181–90. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748923404-181.
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Kieron, Beal. "Part V Competition Law and Procedure in the European Economic Area, 28 European Economic Area Competition Procedure." In EU Competition Procedure. Oxford University Press, 2022. http://dx.doi.org/10.1093/law-ocl/9780198799412.003.0028.
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This chapter explores the general structure of the competition provisions and procedure, including the rules on State aid—applicable under the Agreement on the European Economic Area (EEA Agreement). The European Free Trade Association (EFTA) was established in 1960 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom. Its goal was to reduce or remove import duties, quotas, and other obstacles to trade in Western Europe and to uphold liberal, non-discriminatory practices in world trade. EFTA membership served as a platform for EFTA members to negotiate a specific agreement with Member States of the European Community for an extension of the internal market to those countries. The resultant EEA Agreement came into force on 1 January 1994. The EEA Agreement is an international treaty that is considered to be sui generis and which contains a distinct legal order of its own. The Agreement, whilst falling short of a customs union, has created the world's largest integrated economic area. The chapter then describes the substantive competition rules under the EEA Agreement, the procedure to be followed in their application, and the allocation of jurisdiction between the EU Commission and the EFTA Surveillance Authority (ESA) in that application.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "The Procedure for Concluding International Agreements." In EU Constitutional Law, 604–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0021.
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This chapter examines the procedure for the conclusion of international agreements. Article 218 TFEU sets out the internal procedure for negotiating and concluding 'agreements between the European Union and third countries or international organizations'. That Treaty provision does not itself confer any power on the Union to act internationally, but applies whenever the Union wishes to conclude an agreement. The Union is empowered to do so where the Treaties expressly so provide, where it is necessary in order to achieve one of the objectives of the Union, where it is provided for in a legally binding Union act, or where it is likely to affect common rules or alter their scope (Article 216 TFEU). This procedure of Article 218 TFEU applies in all fields of Union activity, including the Common Foreign and Security Policy (CFSP) and police and judicial cooperation in criminal matters. The same procedural requirements apply to amendments of agreements and to additional or implementing protocols concluded together with or on the basis of the agreement itself. In principle, the denunciation of an agreement also comes under Article 218 TFEU.
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Mikos-Sitek, Agnieszka. "Common Foreign, Security, and Defense Policies." In The Policies of the European Union from a Central European Perspective, 197–215. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_10.
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This chapter examines the issue of the common foreign and security policy, as well as its integral part of the common security and defense policy, discussed from the perspective of the EU Member States, including, in particular, the countries of Central and Eastern Europe. To create a substantive basis for the assessment of the position of EU Member States in the CSFP implementation process, the basic issues related to the provi- sions of the treaties in this area are discussed at the beginning. An important element of the chapter is also the characterization and identification of the separateness of the regulations in force in the field of CFSP. Attention is also paid to institutional solutions, which are important in this case, as well as legal instruments for the implementation of CFSP. In addition to general guidelines, decisions, and the issues of strengthening systematic cooperation, attention is also drawn to the importance of international agreements concluded by the EU in the area of CFSP. An important element of the analysis of the rights and obligations of EU Member States is also the decision-making procedure considering the unanimity principle, as well as the so-called solidarity clauses. The discussion of the role and position of the EU Member State in the CFSP area is summarized with a reference to issues that specifically concern the countries of Central and Eastern Europe. Attention is drawn to the spectrum of problems that arise in the practice of CFSP implementation, related primarily to significant differences in defining state security guarantees and the underlying factors.
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Broberg, Morten, and Niels Fenger. "The Procedure before the Court of Justice." In Broberg and Fenger on Preliminary References to the European Court of Justice, 313–70. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198843580.003.0010.
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Chapter 10 contains an analysis of the procedure before the Court of Justice and discusses how written and oral observations may be presented. The chapter examines and explains the following stages: (i) translation of the reference into all the official languages, and the subsequent publication of a summary of the reference in the Official Journal of the European Union, (ii) notification of the reference to the parties to the main proceedings, the Member States, the EU institutions, the EFTA Surveillance Authority, Norway, Iceland, and Liechtenstein as well as, in some cases, other third countries, (iii) submission of written observations, (iv) translation of the written observations into French (working language of the Court of Justice) and appointment of a Judge-Rapporteur Advocates General, (v) notification of the written observations in their original language, in French and in the language of the case, (vi) drawing up of a Preliminary Report (rapport préalable), (vii) oral procedure, (viii) deliberation and voting by the judges and preparation of the judgment, and (ix) translation of the judgment.
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Kochenov, Dimitry. "Article 203 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.324.
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Article 187 EC The Council, acting unanimously on a proposal from the Commission, shall, on the basis of the experience acquired under the association of the countries and territories with the Union and of the principles set out in the Treaties, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Union. Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.
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Mark, Brealey, and George Kyla. "3 Third Party Intervention." In Competition Litigation. Oxford University Press, 2019. http://dx.doi.org/10.1093/law-ocl/9780199665075.003.0003.
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This chapter focuses on the rights of third parties to intervene in competition proceedings in the High Court (and appellate courts) and in the Competition Appeal Tribunal (CAT). It first considers intervention by third parties in the High Court under Rule 19.2 of the Civil Procedure Rules 1998 (CPR), intervention in judicial review proceedings, and intervention in appeal proceedings. It then discusses intervention in CAT, placing emphasis on appeals and reviews (applying for permission to intervene, the time limit for making an application to intervene, the role played by intervener at the hearing). It also explains how compensation claims are made under CAT rule 16 before concluding with an analysis of intervention by competition authorities, namely the Competition and Markets Authority (CMA) and the European Union Commission.
Conference papers on the topic "Appellate procedure – European Union countries"
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Schaaf, Manfred, and Friedrich Schoeckle. "Technical Approach for the Reduction of Fugitive Emissions." In ASME 2009 Pressure Vessels and Piping Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/pvp2009-78125.
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The demands on industry to reduce fugitive emissions are increasing, steadily. For the European Union the Integrated Pollution Prevention and Control (IPPC) directive determines emission levels. Individual countries can adopt even tighter legislation like the TA-Luft (“Technical Instructions on Air Quality Control”) in Germany. E. g. the TA-Luft gives specific emission levels for valves according to the German VDI guideline 2440 - Emission reduction in oil refineries. In industrial applications in which the demands of the TA-Luft have to be met only certified sealing materials can be used in future. There are several requirements the sealants must fulfill, the most important in this respect is the tightness proof in a first-time test according to VDI 2440. In this objective, new packing materials were developed to be in compliance with the TA-Luft needs. The knowledge of the material characteristic is the basis for the improvement of the tightness capability and therefore for the reduction of fugitive emissions. But in almost the same manner the mounting procedure of the packing rings is important. It is necessary to perform the mounting procedure in two steps: a pre-deformation step (high stress level for seating) and a prestressing step (stress level must meet tightness requirements). Mounting by use of torque wrenches is time consuming, if this 2-step procedure is followed. Thus, mounting by use of hydraulic tensioner becomes effective. In the paper the most relevant packing material characteristics and the necessary tests to determine these characteristics are summarized. Then the mounting tools for hydraulic tensioning are introduced. Finally, some results of packing tests according to VDI 2440 are presented.
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Felcan, Miroslav. "Historical Cross-Section of Arson." In Safe and Secure Society. The College of European and Regional Studies, 2020. http://dx.doi.org/10.36682/ssc_2020/1.
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This work was supported by the Agency for Research and Development under the contract no. APVV-17-0217.Every year fires cause big damage to society, property, environment, buildings and infrastructure and pose a threat to life and health of persons in endangered areas. In most cases arson serves as insurance fraud or cover up any crime (e.g. robbery, embezzlement). However, there may be other reasons, e.g. in the case of the Commission of the European Union, the use of the product in envy, hatred, threats, blackmail, competitive struggle. Or social, political, or ethnic differences. In several cases, arson was used as a so-called 'arson attack'. The false flag, that is, the arsonist used the fire to accuse his enemy and took advantage of the wave of recourse that subsequently was raised against him. The circumstances of the cause and the fire are under investigation. After extinguishing a fire, it is standard procedure to seek and then either confirm, refute or further examine the possibility of intentional formation. In most countries of the world, arson is treated as a crime and seen as harming a stranger or a threat to life.
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Ivković, Nikola. "POLITIČKI KOMPLEKS VIDOVDANSKOG USTAVA." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.367i.
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The paper analyzes the political context of the constitution of a common state of Serbs, Croats and Slovenes. The search for and recording of the reasons for the adoption of certain legal solutions begins with the consideration of political circumstances at the domestic and international political level. Further, through the analysis of political circumstances and sociological environment, the character of the legal acts that preceded the constitutive, Corfu and Geneva declarations and finally the December unification acts is observed. After the objectification of the act of unification, the central topic of research is the procedure of enactment and political elements of the Vidovdan Constitution. The research is also part of an attempt to establish the facts and demystify the issues that have burdened the former Yugoslav states for decades. Was the common state a mistake or the result of rational decisions in the dynamics of Europe at that time. Formally - legally and politically, all countries of the former community are either in the European Union or on the path to membership, with a strong state desire to be part of the same community, and on that basis, the historical-political context is observed.