Littérature scientifique sur le sujet « Civil law – European Union countries – International unification »
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Articles de revues sur le sujet "Civil law – European Union countries – International unification"
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Margolis, Justin. « When Jumbo Jets Share the Sky : Civil Aviation in the European Union and the United States of America ». European Foreign Affairs Review 19, Issue 1 (1 février 2014) : 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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BROŽIČ, LILIANA. « EDITORIAL, SECURITY PERSPECTIVES ». CONTEMPORARY MILITARY CHALLENGES 2022, no 24/3 (30 septembre 2022) : 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Křepelka, Filip. « Dominance of English in the European Union and in European Law ». Studies in Logic, Grammar and Rhetoric 38, no 1 (1 septembre 2014) : 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Ates, Leyla, Moran Harari et Markus Meinzer. « Positive Spillovers in International Corporate Taxation and the European Union ». Intertax 48, Issue 4 (1 avril 2020) : 389–402. http://dx.doi.org/10.54648/taxi2020035.
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The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
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Goncharova, A. V. « European rules of liability for inherited debts experience for Ukraine ». Analytical and Comparative Jurisprudence, no 3 (20 février 2022) : 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
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Economou, Athina, et Christos Kollias. « Terrorism and Political Self-Placement in European Union Countries ». Peace Economics, Peace Science and Public Policy 21, no 2 (1 avril 2015) : 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина et Natalya Semilyutina. « Information Technologies and Economic Relations : Problems of International Conventional Unification in EAEU ». Journal of Russian Law 3, no 11 (11 novembre 2015) : 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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Varul, Paul. « The Creation of New Estonian Private Law ». European Review of Private Law 16, Issue 1 (1 février 2008) : 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Zhukovska, A., O. Dluhopolskyi et O. Koshulko. « Sovereignty policy under the COVID-19 pandemic conditions : unification VS differentiation ». Bulletin of Taras Shevchenko National University of Kyiv. Economics, no 215 (2021) : 31–40. http://dx.doi.org/10.17721/1728-2667.2021/215-2/4.
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Globalization, which became widespread in the late twentieth – early twenty-first century, has led to large-scale changes associated with deepening the interdependence of national economies and their interpenetration, the formation of international industrial complexes beyond national borders, weakening the ability of nations to form independent economic policies. intensification of the movement of goods, capital, labor resources, the creation of institutions of interstate regulation of global problems, the attraction of the world economy to common standards, values, principles of operation based on the ideas of universalism. Universalism recognizes freedom and justice as more important values. Instead, sovereignty, which spread as a fundamental current at the beginning of the XXI century, is opposed to international law and emphasizes that the national interests of states are more important than the ideals of civilization (the interests of mankind). The article aims are to deepen the theoretical understanding of the processes of strengthening sovereignty in response to the global pandemic COVID-19 because the state’s membership in any supranational association directly affects its sovereignty in its classical sense. The basis of the research methodology is a scientific description and logical-deductive approach, illustrated by empirical cases from around the world. Data from statistical organizations, including the United Nations, the World Health Organization, the Organization for Economic Co-operation and Development, the Council of the European Union, and national health institutions from different countries of the world, were used to analyze the progress of the COVID-19 pandemic and the response of national economies to its effects, as well as analytical reports of the World Economic Forum and the countries of the world, including the countries of the European Union and Ukraine. The study found that there is a continuing confrontation in the world between the spread of sovereignty and the ideas of globalism in the current pandemic and only time will tell which of these theories will eventually gain dominance as a policy. However, according to the results of the study, the spread of the COVID-19 pandemic is largely due to the development of globalization, the openness of world economies, as well as the growing competitiveness of national economies.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
Thèses sur le sujet "Civil law – European Union countries – International unification"
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Van, Hedel Johanna Henrïette. « Towards a European ius commune - what lessons can we learn from Quebec's mixed legal system ? » Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82673.
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We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive.
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Madaleno, Jose Miguel Ferreira. « The European Union and the Organization for the Harmonization of Business Law in Africa : comparative perspectives on their institutional frameworks and legal orders ». Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586421.
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Fee, Emma. « 'A Europe without dividing lines' : the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile ? » Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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Sule, Attila. « The European Union in peace operations : limits of policy-making and military implementation ». Thesis, Monterey, California. Naval Postgraduate School, 2003. http://hdl.handle.net/10945/1061.
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Approved for public release; distribution is unlimitedThe 1992 European Union (EU) Common Foreign and Security Policy (CFSP, Maastricht Treaty) marked a turning point in the trans-Atlantic relationship. The Balkan conflicts and broader political changes in the 1990s compelled the EU to assume more responsibility in peace operations. The EU's 60,000 strong Rapid Reaction Force (RRF) is planned to be operational in 2003. Will the EU be able to conduct Petersberg-type peace operations? This thesis analyzes policy and military shortfalls of the Balkan peacekeeping effort. Questions about the legitimacy of armed humanitarian interventions, about difficulties in common policy formulation and translation to sound military objectives are the core problems of civil-military relations in European peace operations. The case studies focus on the EU failure to resolve the Bosnian crises between 1992-95, and on the gaps between NATO policies and military objectives in the operations of 'Implementation Force' in Bosnia and 'Allied Force' in Kosovo. The thesis considers developments in EU CFSP institutions and EU-NATO relationship as well as the EU's response to terrorist attacks on September 11 2001. The thesis argues that the difficulty in EU CFSP formulation limits the effective use of RRF in military operations.
Major, Hungarian Army
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DE, ALMEIDA Lucila. « Integration through self-standing European private law : insights from the internal point of view to harmonization in energy market ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46666.
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Defence date: 23 May 2017Examining Board: Prof. Hans-W. Micklitz, European University Institute (EUI Supervisor); Prof. Stefan Grundmann, European University Institute; Prof. Daniela Caruso, Boston University; Prof. Kim Talus, University of Helsinki and University of Eastern Finland
This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.
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VAN, LEEUWEN Barend. « Paradoxes of convergence : European standardisation of services and its impact on private law ». Doctoral thesis, 2015. http://hdl.handle.net/1814/35521.
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Defence date: 13 April 2015Examining Board: Professor Hans-W. Micklitz, EUI (Supervisor); Professor Stefan Grundmann, EUI; Professor Catherine Barnard, Trinity College, University of Cambridge; Professor Carla Sieburgh, Radboud Universiteit.
This thesis analyses European standardisation of services and its impact on private law. It tells a story of two paradoxes. First of all, the EU – in particular, the European Commission – would like European standardisation of services to improve the internal market for services. However, it is not actually taking any steps to guarantee that European standardisation of services facilitates free movement of services. With the New Approach for goods, European standardisation of goods has been made a tool for internal-market building. Such a regulatory approach has not been developed for European standardisation of services. As a result, it is difficult for the EU to exercise control over the reasons of stakeholders to start working on European services standards. An analysis of European standardisation in the healthcare and tourism sectors shows that parties start making European services standards for various reasons, which often have little to do with the improvement of the internal market. Therefore, the Commission cannot rely on European standardisation as a regulatory strategy to improve free movement of services. Secondly, because there is no European regulatory framework in which European services standards play a clear role, the parties which make European services standards become responsible for their application in law. They want their standards to play a role in private law – in particular, in contract law and in certification schemes. However, although stakeholders want European services standards to be applied in private law, they do not really care about the requirements which are imposed by private law. European services standards are not adopted in a legal vacuum – they regularly interact and clash with existing legal regulation. There is a real risk that European services standards might contain provisions which breach the free movement and competition law provisions. This will prevent their successful application in private law.
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KAS, Betül. « 'Hybrid' collective remedies in the EU social legal order ». Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
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Defence date: 21 June 2017Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University
The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.
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AVBELJ, Matej. « Theory of European Bund ». Doctoral thesis, 2009. http://hdl.handle.net/1814/12043.
Texte intégralRésumé :
Defence date: 30 June 2009Examining Board: Prof. Neil Walker, University of Edinburgh (Supervisor); Prof. Bruno de Witte, European University Institute; Prof. Samantha Besson, University of Fribourg; Prof. Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis lays down in seven chapters a revised theoretical foundation for European integration - the theory of European Bund. Relying on a social constructivist meta-theoretical methodological approach, it starts off with an observation that European integration, as a social phenomenon, has been socially constructed through the activities of social actors, which have been conducted on the basis of certain narratives - the narratives of European integration. As the process of integration has run into problems this has been, following the social constructivist maxima, due to its deficient narratives. Because of the complex discontinuity of European integration and in particular due to the narratives' intrinsic reliance on the monistic mindset, these have in their battle for domination through institutionalization not only failed to grasp the existing nature of European integration, but have moreover and because of that furnished it with unfeasible, incoherent and hence undesirable normative guidance. The proposed theory of European Bund splits with the monistic mindset. It is based on three founding pillars: legal-institutional, socio-political and philosophical, which constitute its distinct character and set it apart from the other theoretical approaches in the field. As such, the theory of European Bund not only provides a better descriptive and explanatory account of European integration, but it also comes with advantageous normative prescriptions for the integration's long term viability that make the best of it, given its unique, above all legal, but also socio-political pedigree. Last but not least, the theory of European Bund is not a constitutional theory, it shall not be addressed as such, and consequently the nature of European integration ought not to be regarded as constitutional either.
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TUYTSCHAEVER, Filip. « The changing conception of differentiation in European Union law ». Doctoral thesis, 1998. http://hdl.handle.net/1814/4810.
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Defence date: 20 November 1998Examining board: Prof. Francis Snyder, European University Institute (supervisor) ; Prof. Claus-Dieter Ehlermann, European University Institute (co-supervisor) ; Mr. Ricardo Gosalbo-Bono, Legal Service, Council of European Union
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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GIBBS, Alun Howard. « Thinking constitutionally about the European Union's area of freedom, security and justice ». Doctoral thesis, 2009. http://hdl.handle.net/1814/12026.
Texte intégralRésumé :
Defence date: 15/06/2009Examining Board: Profs. Hans Lindahl (Tilburg University); Kimmo Nuotio (University of Helsinki); Wojciech Sadurski (EUI); Neil Walker (Supervisor, former EUI and University of Edinburgh)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis sets out to consider the constitutional implications of a policy of legal integration regarding internal security matters in the EU. It argues that constitutional theory is fundamental to addressing the legality and accountability concerns raised about the developing legal practice of the EU’s ‘Area of Freedom, Security and Justice’ (AFSJ). Conducting such a study poses important questions about how to pursue a constitutional approach to legal and political practices which do not resemble in any straight forward way the constitutional tradition of the nation state. This thesis advances the argument that constitutional theory cannot properly be construed as a ‘tool-kit’, a set of rules or principles with universal validity to cause a state of affairs or event then dubbed as legality or accountability. Instead it is argued that constitutional theory must work to reveal the issues of restraint, accountability or legality that are in fact part of an ongoing practice, not a one-off settlement; in which the theorist attempts to disclose or reveal the meaningfulness of what is described as the ‘common experience of the political way of life’. Consequently the first part of the thesis outlines how constitutional theory can establish the features of the ‘common experience of the political way of life’ (also referred to as the ‘constitutive function’) and it explains that meaning is situated in a historical background, which is uncovered by the theorist by providing an interpretation of this background. The thesis therefore advances and defends an interpretive theory of legal scholarship. These methodological parameters provide an appropriate means of making sense of the developments in the EU concerning the AFSJ, which thereafter becomes the focus of the thesis. In particular it concentrates on the importance of developing an understanding of public goods that form the basis as to why it is possible to think in constitutional terms about the AFSJ. The approach taken to public goods is that they manifest the meaningful commitments of a political community and therefore cannot be construed in instrumental terms. The thesis outlines that the constitutional issues facing the AFSJ are often collapsed into matters of instrumentalism that conceals the need to engage with the on-going meaning of the practices as forming part of a common political way of life. It is argued in conclusion that the thesis has provided a more robust way of not only considering the challenges facing the emerging internal security policies of the EU but has also provided an appropriate theoretical approach for the study of such issues in constitutional theory.
Livres sur le sujet "Civil law – European Union countries – International unification"
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Tuytschaever, Filip. Differentiation in European Union law. Oxford [England] : Hart Pub., 1999.
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European Union law : A constitution for Europe. New York : Pearson Education, 2002.
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Law and integration in the European Union. Oxford : Clarendon Press, 1995.
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de, Witte Bruno, Hanf Dominik et Vos Ellen, dir. The many faces of differentiation in EU law. Antwerpen : Intersentia, 2001.
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Sacha, Prechal, et Roermund G. van, dir. The coherence of EU law : The search for unity in divergent concepts. Oxford [UK] : Oxford University Press, 2008.
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Hofhuis, Ymke. Minimumharmonisatie in het Europees recht : Vormen, begrip en gevolgen. Deventer : Kluwer, 2006.
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Die Rechtsfolgen der Nichtumsetzung von EG-Richtlinien : Unter besonderer Berücksichtigung der Staatshaftungs- sowie der Normerlassklage. Frankfurt am Main : P. Lang, 1997.
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Alain, Marciano, et Josselin Jean-Michel, dir. The economics of harmonizing European law. Cheltenham, UK : Edward Elgar, 2002.
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European Union rights in national courts. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2015.
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Deirdre, Curtin, dir. European integration and law : Four contributions on the interplay between European integration and European and national law to celebrate the 25th anniversary of Maastricht University's Faculty of Law. Antwerp : Intersentia ; METRO, 2006.
Trouver le texte intégralChapitres de livres sur le sujet "Civil law – European Union countries – International unification"
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McClean, David. « Judicial Cooperation : Resolving the Differing Approaches ». Dans Diversity and Integration in Private International Law, 128–43. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474447850.003.0009.
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This chapter looks at two aspects of international judicial co-operation: service of process abroad and the taking evidence abroad. Common law and civil law traditions have very different approaches. Common law countries see both as matters for the parties, with only limited assistance from State authorities. Civil law countries see them as matters for State action and see direct action by agents of the parties as an interference with their judicial sovereignty. The approaches have been successfully reconciled in two Hague Conventions and two European Union Regulations which build on the experience under the Hague instruments. The developments have seen as move from slow and very formal procedures to more informal approaches, direct contact between actors in the two States replacing elaborate procedures involving both courts and diplomatic personnel. More recently this new approach has expressed itself in the creation of judicial networks and liaison magistrates, with direct communication between judges in different States.
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Lysý, Miroslav. « The History of International Cooperation and Integrations in East Central Europe ». Dans Lectures on East Central European Legal History, 147–65. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_7.
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This chapter is concerned with the development of international relations, international cooperation, and international law in Central Europe from the beginning of the Middle Ages up until present times. The topic encompasses the relationship between international and constitutional law. While the first centuries of the Middle Ages can be characterized as a struggle between imperial universalism (the Frankish empire and the German–Roman empire), beginning in the 12 th century, it was the particularism of Central European countries like Poland and Hungary (and particularism within the German–Roman empire) that set the pace. Various particular units, however, often integrated into larger unions, united as personal or (later) real unions. In the case of Hungary and the Czech lands, the idea of Crown lands was created in order to express unity among various countries with different levels of integration. Among many unions, the Habsburg empire proved to be very successful and viable and led many unification attempts toward the Austrian–Hungarian Compromise of 1867. Dualistic statehood lasted for half a century, and after the First World War, it was replaced by a newly organized Central Europe, with new states, new borders, and a new system of international security. Versailles peace, however, resulted in new controversies and new hostile relations in the late 1930s. After Anschluß of Austria and especially the Munich Treaty (1938), the Versailles system in Central Europe was definitively gone. A new order was set after the end of the Second World War, when Central Europe became part of the Soviet bloc. This lasted until 1989, when the Soviet-controlled regimes in Central Europe ceased to exist and Central Europe started to integrate with structures of the European Union and the North Atlantic Treaty Organization.
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« All in all, the CISG has met with resounding acceptance around the globe. Today, the CISG counts 67 Contracting States among its members, covering more than 70 per cent of global trade and production of goods ; of the 50 leading exporters and importers in world merchandise, over 60 per cent are Contracting States to the CISG. Of those large industrial nations that are not yet Contracting States to the CISG, notably the UK, Japan and Korea, both internal and external pressure to ratify is rising. Currently, approximately 1,300 court and arbitral decisions decided under the CISG have been handed down from 32 judicial instances, and more than 6,500 academic publica-tions exist in 24 languages. This is in addition to the numerous conferences and other forms of academic discourse dealing with the Convention, most notably the CISG Advisory Council, a global body of CISG and international sales law experts that meets on a regular basis to discuss the significant developments in the field of international sales law and aims at promoting the uniform interpretation of the CISG. Perhaps the most tangible success of the CISG can be seen in the number of domestic sales laws that have used it as a model. Notably, many Scandinavian countries have used the CISG as the background for the modification of their domestic sales laws, as did Germany in its 2002 Schuldrechtsreform (Revision of the Law of Obligations) and The Netherlands in drafting the Law of Obligations in the Wetboek (Civil Code). Furthermore, many of the former Socialist states in Eastern Europe, including Estonia, the Czech Republic and Croatia, are also basing the re-development of their private and domestic sales and com-mercial laws on CISG concepts. Completing the CISG’s global impact is the reform of the Chinese private law. The New Code of Obligations of China has adopted many legal concepts and institutions promulgated in the CISG and the drafters have confirmed using the CISG as a source of inspiration in this regard. In addition, not only domestic sales laws, but also, increasingly, regional and inter-national principles are availing themselves of CISG principles to guide their drafting. The general approach of the Principles for International Commercial Contracts drafted by UNIDROIT (the UNIDROIT Principles) and the Principles of European Contract Law, which are intended to pave the way for a European or an international law of contract, can be traced back to the CISG. The same is true of the European Directive on Consumer Sales, which mirrors the concepts of conformity and non-conformity set out in the CISG. Furthermore, the OHADA, a union of 16 African states, has adopted a common sales law, which follows the CISG almost to the letter. Efforts at unification of the law are often met with the criticism that the unique peculiarities and historical variety of local laws are thereby ‘bulldozed’ by an all-consuming ‘international’ law. This is not the intention of the CISG. It certainly aims to provide a certain, uniform and consistent basis for defining the scope and obligations of international sales contracts for those states that have declared their intention to be bound by it. Moreover, the CISG serves as a stimulus for the development, revision and interpretation of domestic laws, under consideration and in awareness of genuine international concepts, which can only be of benefit to the states concerned. » Dans International Sales Law, 62–63. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203945445-29.
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Moroff, Holger. « German Foreign Policy ». Dans The Oxford Handbook of German Politics, 469—C27.P114. Oxford University Press, 2022. http://dx.doi.org/10.1093/oxfordhb/9780198817307.013.28.
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Abstract Both West and East Germany were children of the Cold War. With its end East joined West. It was a prelude to eleven more formerly communist countries in Eastern and Southeastern Europe joining first NATO and then the European Union (EU) during the following two decades. These were by far the two most important foreign policy aims of a united Germany. War has become unthinkable among EU members; the rule of law and human rights have taken centre stage. Equally important has been the reconceptualization of politics, including international politics, as a multilateral problem-solving exercise. Such a conception, however, is not shared by many authoritarian countries or politicians, who prefer to view foreign policy as a zero-sum game. This chapter looks at the historical roots of German foreign policy from Sonderweg to a new normalcy, focusing on the importance of human rights and rhetorical action as they surround the birth of the new Germany in 1990. Their repercussions are analysed by focusing on five exemplary cases of German foreign policy since then. They are the two US-led wars in Iraq, the Balkan conflicts, 9/11, the Euro sovereign debt crisis, and Germany’s policies towards the civil war in Libya. These cases shed light on a reluctant hegemon who diligently avoids unilateral actions and military interventions.
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Angjeli, Anastas, et Redion Luli. « Artificial intelligence : the risk of invasion of human rights and legal regulation of these processes in the EU and the world ». Dans Human Rights - From reality to the virtual world, 178–89. Publisher House WSGE Alcide De Gasperi University of Euroregional Economy ul. Sienkiewicza 4 05-410 Józefów, 2021. http://dx.doi.org/10.13166/wsge//adrc2181.
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This paper analyzes the dangers faced by man and modern society in the light of the development of artificial intelligence and robotics in the fourth industrial revolution. The author examines the areas of human rights that are threatened by these advances in science and technology in case they are not properly monitored and regulated through legal advances. The historical and regional aspects of legislative regulation of the use of artificial intelligence units and robotics are investigated. Prospects of collision of artificial intelligence units with interests of the person and mankind, and also possible legal mechanisms of the resolution of the conflicts arising between them are analyzed. Using the methodology of comparative law, integration law, international law, analysis and synthesis, the author considers the latest documents of the European Union, EU member States, the United States, Russia, China, South Korea and other most representative countries of the world aimed at effective legal regulation of this promising area of development of modern law. The paper provides an analysis of the main trends in the evolution of modern law of science and technology that affect the life and realization of human and civil rights at the national, supranational and international level and the peculiarities of their legal regulation. The research is carried out on the interdisciplinary combination of elements of comparative law, integration, international and national law with reference to philosophy, sociology, history and prognostics. While recognising the good work carried out in the AI law space, and acknowledging this area needs constant evaluation and agility in approach, this article advances the discussion, which is important given the gravity of the impacts of AI technologies, particularly on vulnerable individuals and groups, and their human rights.
Actes de conférences sur le sujet "Civil law – European Union countries – International unification"
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Saule, Murat. « PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION : COMPARATIVE LEGAL ANALYSIS ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.