Academic literature on the topic 'Dispute resolution (Law) – European Union countries'
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Journal articles on the topic "Dispute resolution (Law) – European Union countries"
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Wang, Guiguo, and Rajesh Sharma. "The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor." AJIL Unbound 115 (2021): 22–27. http://dx.doi.org/10.1017/aju.2020.82.
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The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.
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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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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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PETRUKHIN, M. V., and A. N. PETRUKHINA. "INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES: THE ARGUMENTS “FOR” AND “AGAINST”." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 208–24. http://dx.doi.org/10.24031/2226-0781-2021-11-1-208-224.
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The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.
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Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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Frantsuz, A. J., and A. V. Yanovska. "THE PLACE OF MEDIATION IN THE SYSTEM OF WAYS OF PROTECTING THE RIGHTS OF BUSINESS ENTITIES." Legal Bulletin 94, no. 5 (October 27, 2022): 25–31. http://dx.doi.org/10.31732/2708-339x-2022-05-25-31.
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Today, mediation is one of the most popular alternative ways of resolving disputes (conflicts) in developed countries. It involves the participation of a mediator (mediator), who helps the parties to the conflict to establish a communication process, analyze the conflict situation so that the parties can choose a solution that will meet the interests and needs of both parties to the dispute.The relationship related to the conduct of mediation and the implementation of the agreements reached during it requires regulatory regulation, given the importance of both the procedure itself and its results. Regulation of the mediation procedure, determination of the rights and obligations of its participants, the rules of registration of agreements between the parties are the basis for achieving the goals of mediation and ensuring a balance between the institution of mediation and the legal system of the country. Therefore, every mediator and every lawyer who is involved in the mediation procedure as a consultant or representative of his client must have legal knowledge and knowledge of the ethical and regulatory principles of mediation. The need to introduce the institution of mediation has long been ripe in the domestic legal system, which is due to the inefficiency and imperfection of the judicial system of Ukraine and the low rate of execution of court decisions. Given the successful application of the institution of mediation in many countries and the course of harmonization of national legislation with the legislation of the European Union, on November 3, 2016, the parliament of Ukraine adopted in first reading the draft Law of Ukraine "On Mediation". For the Ukrainian legal system, the legislative initiative to introduce regulations on the institution of mediation is a very important step. Because in the absence of national legislation that determines the legal basis for the process of out-of-court settlement of disputes, the practical application of the institution of mediation was carried out only on the basis of established practice of the European Union. According to the draft Law of Ukraine "On Mediation", mediation is defined as an alternative (out-of-court) method of dispute resolution, by which two (or more) parties to a dispute try to reach an agreement to resolve their dispute within a structured process involving a mediator. A mediator is an independent mediator who helps the parties to resolve a dispute through mediation.
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Malkawi, Bashar H. "Regional Integration: Whither the Arab Free Trade Area?" Legal Issues of Economic Integration 34, Issue 3 (August 1, 2007): 231–54. http://dx.doi.org/10.54648/leie2007015.
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The economic integration sought by Arab countries has been a merely aspirational one. Arab countries have not risen to the challenges posed to it by their unique circumstances. Instead, Arab countries have failed to develop the strength that would be conferred by economic integration. My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements. Effective dispute resolution mechanism and few opt-out provisions speak to a greater will to commit to integration. Arab countries must confront internal dissension and lack of implementation.
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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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Czermińska, Małgorzata. "EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 33–49. http://dx.doi.org/10.5604/01.3001.0014.8376.
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The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.
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Serrano, Fernando, Edoardo Traversa, Sophia Piotrowski, Jérôme Monsenego, Jasna Voje, Katerina Perrou, Ekkehart Reimer, Raffaele Petruzzi, and Lukasz Stankiewicz. "Towards a Standing Committee Pursuant to Article 10 of the EU Tax Dispute Resolution Directive: A Proposal for Implementation." Intertax 47, Issue 8/9 (August 1, 2019): 678–92. http://dx.doi.org/10.54648/taxi2019068.
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The European Union Tax Dispute Resolution Directive 2017/1852 requires Member States to introduce mandatory arbitration for tax treaty disputes. In addition to the standard arbitration procedure laid down in the directive, Member States may also provide for dispute resolution by a Standing Committee. This contribution presents proposals for the implementation of such a Standing Committee.
Dissertations / Theses on the topic "Dispute resolution (Law) – European Union countries"
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DORIS, Martin. "Dealing with divergence dispute avoidance and detrimental reliance in European contract law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7080.
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Defence date: 28 May 2007Examining board: Prof. Christian Joerges, European University Institute, Florence ; Prof. Jacques Ziller, European University Institute, Florence ; Prof. Horatia Muir Watt, Université Paris I ; Prof. Christoph Schmid, ZERP Bremen
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Mascolo, Gil Tenile. "La place des droits de l'Homme dans le Mercosur à la lumière de l'expérience européenne : les enjeux au regard du système interaméricain de protection des droits de l'Homme." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01058852.
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Le Mercosur est une organisation d'intégration économique régionale regroupant l'Argentine, le Brésil, le Paraguay, l'Uruguay et le Venezuela. Ayant un but essentiellement économique à l'origine, son traité constitutif ne laissait prévoir aucun développement dans le sens d'une éventuelle préoccupation concernant la protection des droits de l'homme. Suite à la crise institutionnelle du début des années 2000, les États membres ont été obligés à repenser le format du groupe et ont privilégié un modèle qui diminuait l'approche économique au profit d'un Mercosur plus politique, mis en œuvre dans le Programme de Travail 2004-2006. À partir de ce moment, une architecture institutionnelle et normative s'est développée au sein du Mercosur sur une thématique plus politique et concernant aussi spécifiquement les droits de l'homme. La question qui se pose est donc de savoir à qui revient la compétence d'apprécier des questions de violations relatives aux droits de l'homme au sein du Mercosur : à un contrôle interne par les organes composant le système de résolution des différends du Mercosur ou à un contrôle externalisé par les organes du système interaméricain de protection des droits de l'homme ? La place des droits de l'homme dans le Mercosur à la lumière de l'expérience européenne est une étude sur les droits de l'homme dans le Mercosur sous un angle comparatiste avec le droit de l'Union européenne.
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BRAUN, Egelyn. "Collective alternative dispute resolution (ADR) for the private enforcement of EU competition law." Doctoral thesis, 2016. http://hdl.handle.net/1814/44324.
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Award date: 30 November 2016Supervisor: Giorgio Monti
The European enforcement landscape is undergoing significant changes that are leading to a departure from the actors, tools and processes traditionally associated with delivering justice. This thesis examines these themes while developing a solution to the private enforcement gap that continues to leave a large number of victims without a remedy, particularly if they have suffered low-value individual harm as a result of competition infringements. In order to ensure that the private enforcement of EU competition law leads to the effective enforcement of EU rights and to the full compensation of all victims, a collective redress device must be developed. In particular, this thesis will explore whether optimal private enforcement outcomes could be achieved through the integration of collective alternative dispute resolution (‘collective ADR’) into a regulatory enforcement architecture as a first choice redress avenue. To date, the use of collective ADR as a private enforcement mechanism has not been considered as a serious policy option on the European level. While this thesis focuses on the use of collective ADR in the context of competition enforcement, it also confronts issues that could be expanded to private enforcement in other fields. Ultimately, the enforcement toolbox should be diversified not only to ensure the successful fulfilment of the regulatory goals, but also to facilitate the transformations that are occurring in the enforcement landscape more broadly.
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NOVÝ, Zdenek. "The new model of a business-to-consumer arbitration for the European Union." Doctoral thesis, 2013. http://hdl.handle.net/1814/32136.
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Award date: 27 June 2013Supervisor: Professor Hans Wolfgang Micklitz (European University Institute)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The suitability of arbitration as a dispute resolution mechanism for B2C disputes has aroused much interest in the recent academic literature. The relationship between arbitration and consumer protection is a complex one. On the one hand, arbitration has proved to be an effective alternative to court proceedings in business disputes. On the other hand, it has been acknowledged that arbitration might not be a viable option for the disputes involving weaker parties hence consumers. The aim of this thesis to examine what should the role of arbitration be for B2C disputes within the EU. It seeks to demonstrate that arbitration should be an ADR mechanism for B2C disputes provided that it meets certain requirements. Thus, the institutional design as well as the essential principles for the new model of B2C arbitration will be proposed.
Books on the topic "Dispute resolution (Law) – European Union countries"
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Online dispute resolution for consumers in the European Union. New York: Routledge, 2010.
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Gramatikov, Martin. Costs and quality of online dispute resolution: A handbook for measuring the costs and quality of ODR. Antwerp: Maklu, 2012.
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Makinwa, A. Negotiated settlements for corruption offences: A European perspective. The Hague, the Netherlands: Eleven International Publishing, 2015.
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Gärtner, Veronika. Die Privatscheidung im deutschen und gemeinschaftsrechtlichen Internationalen Privat- und Verfahrensrecht: Aussergerichtliche Ehescheidungen im Spannungsfeld von kultureller Diversität und Integration. Tübingen: Mohr Siebeck, 2008.
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Konstanze, Plett, and Meschievitz Catherine Sandin, eds. Beyond disputing: Exploring legal culture in five European countries. Baden-Baden: Nomos Verlagsgesellschaft, 1991.
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1959-, Kadelbach Stefan, ed. Die Aussenbeziehungen der Europäischen Union. Baden-Baden: Nomos, 2006.
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Cortés, Pablo. Online Dispute Resolution for Consumers in the European Union. Taylor & Francis Group, 2010.
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EU Mediation Law and Practice. Oxford University Press, 2012.
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Cortés, Pablo. Online Dispute Resolution for Consumers in the European Union. Taylor & Francis Group, 2010.
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Cortés, Pablo. Online Dispute Resolution for Consumers in the European Union. Taylor & Francis Group, 2010.
Find full textBook chapters on the topic "Dispute resolution (Law) – European Union countries"
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Magiera, Siegfried, and Wolfgang Weiß. "Alternative Dispute Resolution Mechanisms in the European Union Law." In Alternative Dispute Resolution in European Administrative Law, 489–536. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-34946-1_16.
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Fröhlich, Mareike, Tatjana Jevremović Petrović, and Jelena Lepetić. "Gender, Business and the Law." In Gender-Competent Legal Education, 667–709. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_19.
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AbstractThis chapter deals with gender equality in business law. For some time now, gender diversity has played an important role in the composition of dispute resolution bodies, boards of directors and supervisory boards, forcing the companies concerned to take action. The underlying initiatives of the EU regarding gender quotas in companies, as described in the chapter, are beginning to have an effect, as developments in the banking and financial sector also show. Although the European internal market and its fundamental freedoms do not have a direct impact, the European Union is strongly committed to the protection of gender equality, the economic empowerment of women as well as female entrepreneurship. This chapter explains in detail how forms of enterprises, financing options, education and networking can support women to become entrepreneurs and play a crucial role in business decision-making. Finally, the chapter describes the impact of international trade and investment agreements in this field. Gender mainstreaming now takes place in all recent trade agreements and opens up new opportunities for women. Although investment agreements secure and support foreign investments, which are needed to improve the welfare of states and their citizens, they also could undermine the promotion of gender equality in the investor state. These new changes could jeopardise the investment as national rules will be legally obliged to be changed.
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Lohvyn, Andrii. "ALTERNATIVE MEANS OF RESOLVING TAX DISPUTES IN UKRAINE: POSSIBLE WAYS OF IMPLEMENTATION." In Integration of traditional and innovation processes of development of modern science. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-26-021-6-25.
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Legal disputes are inseparable part of the life of society. The task of the state is to create conditions for resolving disputes and to defend the rights and interests of citizens that are protected by law. Legal relationships are undoubtedly the sphere of potential disputes. The search for alternative and effective procedures of resolving such disputes is an important issue. At the same time, the main legal issue of the tax sphere is mainly to define and effectively ensure the limits of freedom and necessity in the behavior of taxpayers through the relevant legal, legislative norms, protection of property rights of individual taxpayers and the interests of society. Alternative Dispute Resolution або ADR include mediation, which gained broad recognition all over the world, including the European Union, which is postulated at the legislative level. It is often used, which makes it possible to prevent the negative consequences for the dispute parties as early as at the initial stage and avoid the expensive and lengthy trial. It gained recognition in resolving a wide range of disputes and arguments, beginning with the disputes in local communities and finishing with complex multi-lateral disputes in the commercial and public spheres. In many countries it is legislatively stipulated. Today, the institution of the alternative dispute resolution in the modified form is partially present in the Ukrainian legislation and in practice, at the same time, it is difficult to call the sphere of the alternative methods of dispute resolution well-developed. In this case, the lawyers and scientists discuss a wide implementation of the alternative ways, including mediation, virtually in all branches of law. The article, taking into account the practice of using alternative dispute resolution in other countries (international experience), identifies the possibility of using them in Ukraine as a separate permanent institution of pre-trial dispute resolution in the field of tax relations (the result of application of which can be achievement of reconciliation and/or tax compromise), which is directed at the improvement of tax administration. The concept of the tax compromise was also formulated and scientifically substantiated conclusions in the stated area were made.
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Perrou, Katerina. "Dispute resolution and taxpayer participation." In Research Handbook on European Union Taxation Law, 541–61. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781788110846.00035.
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Jones, Lucy. "2. The Court System and Alternative Dispute Resolution." In Introduction to Business Law, 16–40. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824886.003.0002.
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This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.
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Jones, Lucy. "2. The Court System and Alternative Dispute Resolution." In Introduction to Business Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198766261.003.0002.
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This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.
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Prete, Luca. "Enforcement Actions." In Oxford Principles Of European Union Law: The European Union Legal Order: Volume I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199533770.003.0034.
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The enforcement of EU law on non-compliant national authorities has, at its heart, infringement proceedings brought pursuant to Articles 258 to 260 TFEU. That focus is embedded in the scheme of the EU Treaties. In that regard, infringement proceedings are a particular feature of the EU legal order. As the Court of Justice stated in one of its first cases, ‘it is a procedure far exceeding the rules heretofore recognized in classical international law, to ensure that obligations of States are fulfilled’. Indeed, under the rules of public international law, there is no obligation to settle disputes or to establish formal and legal procedures for dispute resolution, which, where they exist, always depend on the consent of the parties concerned. By contrast, the jurisdiction of the Court in cases of EU law infringements by Member States is compulsory and constitutes a corollary to membership in the European Union.
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Yann Simo, Regis. "The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect." In The Emergent African Union Law, 417–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0023.
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This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
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Gonçalves, Marco Carvalho. "Alternative Dispute Resolution in Civil and Commercial Matters in the EU." In Advances in Linguistics and Communication Studies, 111–27. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0245-6.ch007.
Full textAbstract:
This chapter seeks to analyze the implementation and integration of alternative means of dispute resolution in the European Union. Thus, from an initial approach to the various alternative means of dispute resolution, with particular emphasis on negotiation, conciliation, mediation and arbitration, will be held a comparative law analysis of the different legislative solutions adopted by the major EU Member States, allowing to determinate the degree of implementation and development of alternative means of dispute resolution in those Member States. Finally, there will be an analysis of the main legislative instruments adopted by the European institutions with a view to creating and developing alternative means of dispute resolution in Europe, indicating, in the end, some solutions and recommendations that are adequate having a view to effective implementation of alternative justice in the European Union.
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Mary Catherine, Lucey. "Part II The Member State Reports on Transposition of the Directive, 9 Ireland." In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0009.
Full textAbstract:
This chapter examines the transposition of the Antitrust Damages Directive in Ireland. It first considers the transposition procedure, focusing on regulations contained in Statutory Instrument (SI) European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017, before discussing the regime set out in this implementing SI. It then describes the scope of the national regime on competition law and the implementing regulations that govern full compensation, disclosure of evidence, the effect of decisions by National Competition Authorities, limitation periods, joint and several liability, the issues of ‘passing on’, the presumption and quantification of damages by cartels, and consensual dispute resolution. Finally, the chapter analyses incorrect or incomplete transposition and possible legal disputes with regard to the Directive and the implementing regulations.