Littérature scientifique sur le sujet « Constitutional law – European Economic Community countries »
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Articles de revues sur le sujet "Constitutional law – European Economic Community countries"
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Mangione, Gariella. « The European Dimension to the Constitution of the Republic of Italy ». Comparative Law Review 28 (13 décembre 2022) : 411–34. http://dx.doi.org/10.12775/clr.2022.014.
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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.
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Hofmann, Mahulena, et Martin Faix. « Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no 3 (26 juin 2017) : 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
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Gotsova, Boryana. « The Gordian Knot of European Union Competence : Commercial Aspects of Intellectual Property After the Judgment in Case C-414/11Daiichi Sankyo ». German Law Journal 15, no 3 (1 mai 2014) : 511–28. http://dx.doi.org/10.1017/s2071832200019027.
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The division of external competences between the European Union and the Member States is a long-standing object of contention for constitutional and practical reasons. The competence to negotiate and conclude international agreements in a given area has as many highly political implications as concrete policy-making ones. This tension is well illustrated by the field of the commercial aspects of intellectual property. Community, and later Union, competence over this area was established only gradually. After multiple Treaty revisions and legal disputes over competence, the Treaty of Lisbon now lists the field as one of the main elements of the Union's Common Commercial Policy (CCP). The CCP itself is one of the founding policies, dating back to the European Economic Community. It structures the Union's trade relations with third countries, encompassing bilateral and multilateral trade and tariff agreements, as well as unilateral trade defense measures such as anti-dumping and anti-subsidy instruments. Today, the Treaty of Lisbon expressly provides for exclusive Union competence over the CCP, codifying the case law of the Court of Justice.
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Alikaj, Valbona. « The Right Of Ownership In The European Law ». European Scientific Journal, ESJ 12, no 22 (30 août 2016) : 26. http://dx.doi.org/10.19044/esj.2016.v12n22p26.
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The paper is about the case of the right of ownership, the social function that the constitutions of some western countries recognize to this rights and the balance of this right with other public interests. The right of ownership has a great importance even in the European judicial order. The right of ownership has undergone many changes with the creation of a single European market, so that nowadays we could not talk about only one ownership category. Special attention will be dedicated to the article 17 of the EU Charter of Fundamental Rights according to which everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. The limitation of this right will be legislated toward the public interest and toward a fair compensation being paid in a good time. In its decisions, the European Court of Justice has stated that the property as a fundamental right is described not as an absolute right, for the European judge the social function has to do with the general interest that is the basis of each treaty, that is the free and full competition. The private property for the jurisprudence of the community is a fundamental right, but it could be limited due to the general economic interest that aim to be realised.
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Sobczyński, Marek. « Do we need state and what for ? The role of the state in the modern World ». Studia z Geografii Politycznej i Historycznej 8 (30 décembre 2019) : 13–28. http://dx.doi.org/10.18778/2300-0562.08.01.
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The state is subject of interest to many scientific disciplines: constitutional and international law, sociology, philosophy, administrative and political sciences, social psychology, economics, political and economic history, military sciences, regional studies and, of course, political geography and geopolitics. In the course of history, from ancient to modern times, the state was defined in very different ways.
The author comes out in his deliberations from the analysis of the elements that make up the various definitions of the state. Then he reviews the classification of functions that the modern state fulfills and analyzes the way in which they are implemented in various countries around the world, trying to answer the question, is the state necessary for citizens and for what?
Finally, the author draws attention to the frequent undertaking of the subject matter of the functioning of the state in the world’s belles-lettres in epic works and in dramas both in the past and nowadays.
The last issue raised in the paper is the analysis of the functioning of unrecognized countries, mainly European ones, and what are the consequences of their exclusion from the international community influencing the life of their inhabitants, economy and functioning of their societies.
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Hretsa, S. M. « Types of constitutional responsibilities of man and citizen in Ukraine and in the European Union ». Uzhhorod National University Herald. Series : Law 66 (29 novembre 2021) : 46–49. http://dx.doi.org/10.24144/2307-3322.2021.66.8.
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The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.
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Nikolic, Dusan. « Elements of judge-made law in Serbia and European Union ». Zbornik Matice srpske za drustvene nauke, no 126 (2009) : 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.
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Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.
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PÉREZ DE LAS HERAS, Beatriz, et Santiago LARRAZABAL BASAÑEZ. « Control presupuestario en la Unión Europea, reforma constitucional, ajuste de los presupuestos de las Administraciones Públicas y su impacto en el autogobierno vasco en el marco del Concierto Económico.( ». RVAP 94, no 94 (28 décembre 2012) : 136–76. http://dx.doi.org/10.47623/ivap-rvap.94.2012.04.
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LABURPENA: Azken bi urteotan, Europar Batasunak zenbait tresna eta neurri hartu ditu koordinazio ekonomikoa eta aurrekontuena indartzeari begira, batez ere eurogunea osatzen duten estatuen artean. Europako gobernantza ekonomikoaren esparru berriak politika eta kontularitza publiko nazionaletan sorrarazten duen inpaktua azalarazten du, eta, aldi berean, euroguneko herrialdeak hertsatu egiten ditu beraien aurrekontu-orekari eusteko konpromisoa bermatu dezatenmaila konstituzionalean. Artikulu honetan, lehenik eta behin, Europako gobernantza ekonomiko eta fiskala ardazten duten mekanismo nagusiak aztertzen dira, bai eta horrek estatu kide zenbaiten zuzenbide konstituzionalean sortzen duen inpaktua ere. Bigarrenik, zehatz-mehatz analizatzen da Espainiako aurrekontuen egonkortasunari buruzko araudi berria, batez ere alor horretako erreforma konstituzionalari dagokionez eta apirilaren 27ko 2/2012 Lege Organikoaren garapenari dagokionez (Aurrekontu-egonkortasunari eta Finantza-iraunkortasunari buruzko 2/2012 Lege Organikoa). Azkenik, aipamen espezifiko bat egiten zaio Espainiako araudi berria Euskal Autonomia Erkidegoan duen aplikazioari, bertako Kontzertu Ekonomikoaren esparruan. RESUMEN: En los dos últimos años, la Unión Europea (UE) ha adoptado diversos instrumentos y medidas dirigidos a reforzar la coordinación económica y presupuestaria, especialmente entre los Estados miembros de la zona euro. El nuevo marco de la gobernanza económica europea está desvelando su impacto en las políticas y cuentas públicas nacionales, al tiempo que compele a los países de la eurozona a sellar su compromiso de equilibrio presupuestario a nivel constitucional. El presente artículo analiza, en primer lugar, los principales mecanismos sobre las que pivota la nueva gobernanza económica y fiscal en Europa, así como su impacto en el Derecho constitucional de algunos Estados miembros. En segundo lugar, estudia detenidamente la nueva regulación de la estabilidad presupuestaria en España con especial atención a la reforma constitucional en la materia y a su desarrollo en la Ley Orgánica 2/2012, de 27 de abril, de Estabilidad Presupuestaria y Sostenibilidad Financiera. Finalmente, concluye con una referencia específica a la aplicación de la nueva normativa española a la Comunidad Autónoma Vasca en el marco de su Concierto Económico. ABSTRACT: During the last two years, the European Union (EU) has adopted several instruments and mesures aimed at reinforcing the economic and budgetary coordination, especially among the Eurozone Member States. The new framework of the European economic governance is showing its impact over the national policies and budgets, while it compels the Eurozone countries to commit at a constitutional level to the budgetary balance. This present article analyzes fistly the principal mechanisms which deal with the new fiscal and economic governance in Europe, together with its impact in the Constitutional Law of some Member States. Secondly, it thoroughly studies the new regulation about the budgetary estability in Spain with special attention to the Constitutional reform regarding the content and development of the Organic Act 2/2012 from April 27th, of Budgetary Stability and Financial Sostenibility. Lastly, it finishes with a specific reference to the application of the new Spanish normative to the Basque Autonomous Community in the framework of its Economic Framework.
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Bandžović, Sead. « The phenomenon of fragile states : Bosnia and Herzegovina ». Historijski pogledi 4, no 6 (15 novembre 2021) : 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.
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The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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Logvynenko, M. I., et A. E. Tsymbal. « Problems of decentralization reform implementation in Ukraine and ways to solve them ». Legal horizons, no 24 (2020) : 23–28. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p23.
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The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.
Thèses sur le sujet "Constitutional law – European Economic Community countries"
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LEAL, ARCAS Rafael. « Theory and practice of EC external trade law and policy ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13171.
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Defence date: 11 March 2008Examining board: Prof. Bruno De Witte, European University Institute (Supervisor) ; Prof. Francesca Martines, Faculty of Economics, University of Pisa ; Prof. Petros C. Mavroidis, Columbia Law School, NY and University of Neuchâtel ; Prof. Ernst-Ulrich Petersmann, European University Institute
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined. The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.
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Kouba, Cox Martina. « The approximation of EC law in the Czech Republic : transposiiton or transformation ? » Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78217.
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This thesis examines the process of approximating EC law that the Czech Republic has undertaken both under the Europe Agreement and in order to fulfill one of the conditions for membership in the European Union. The thesis aims to determine whether the transposition of EC legislation has been undertaken with a view to effective implementation of the acquis communautaire and to assess what implications this process will have for the Czech Republic. To this end, three areas of law which are subject to approximation are examined, namely competition law, environmental law and company law. Accordingly, Chapter I provides a general overview of the process of approximation and the challenges it poses for the Czech Republic. The process of approximation in the field of competition law is examined in Chapter II, followed by environmental law in Chapter III. The area of company law is addressed in Chapter IV. Finally, Chapter V concludes with an analysis of the findings of the previous chapters with a discussion of the implications of approximation for the legal order of the Czech Republic.
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SEGNI, Laura. « L'esecuzione del bilancio europeo ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13170.
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Defence date: 15 October 2007Examining Board: Prof. Jacques Ziller, Relatore (IUE) ; Prof. Giuliano Amato, (IUE) ; Prof. M.P. Chiti, (Università di Firenze) ; Prof. Giacinto della Cananea, (Università di Napoli Federico II)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
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Doutrelepont, Carine. « Incidence du droit communautaire sur l'évolution du droit d'auteur : perspectives de rapprochement des législations nationales ? analyse à travers certaines composantes du droit d'auteur :étude de droit comparé et de droit européen ». Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212993.
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Van, Raepenbusch Sean. « La sécurité sociale des travailleurs migrants en droit européen ». Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213117.
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Dony, Marianne. « La responsabilité des pouvoirs publics en cas d'intervention dans une entreprise en difficulté ». Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213118.
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BAQUERO, CRUZ Julio. « The economic constitutional law of the European Community : between competition and free movement ». Doctoral thesis, 2001. http://hdl.handle.net/1814/4554.
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Defence date: 5 March 2001Examining board: Prof. Giuliano Amato, Presidente del Consiglio dei Ministri; European University Institute (supervisor) ; Prof. Gráinne de Búrca, European University Institute ; Prof. Koen Lenaerts, Judge, Court of First Instance of the European Communities; Katholieke Universiteit Leuven ; Prof. Jean-Victor Louis, European University Institute; Université libre de Bruxelles (supervisor) ; Dr. Peter Oliver, Legal Adviser, European Commission
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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NIJSTEN, Machteld. « Abortion, Constitutional Law and Practice : A comparative European-American study ». Doctoral thesis, 1985. http://hdl.handle.net/1814/4728.
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WUERMELING, Joachim. « Legislativer Trilog im institutionellen Dreieck der Europäischen Gemeinschaft : das Verfahren der Zusammenarbeit nach Artikel 149 Absatz 2 EWGV ». Doctoral thesis, 1989. http://hdl.handle.net/1814/5616.
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POIARES, PESSOA MADURO Luis Miguel. « We the Court : the European Court of Justice, the European economic constitution and article 30 of the EC treaty ». Doctoral thesis, 1996. http://hdl.handle.net/1814/4753.
Texte intégralLivres sur le sujet "Constitutional law – European Economic Community countries"
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The foundations of European Community law : An introduction to the constitutional and administrative law of the European Community. 4e éd. Oxford : Oxford University Press, 1998.
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The foundations of European Community law : An introduction to the constitutional and administrative law of the European Community. 5e éd. Oxford : Oxford University Press, 2003.
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Hartley, Trevor C. The foundations of European Community law : An introduction to the constitutional and administrative law of the European Community. 6e éd. Oxford : Oxford University Press, 2007.
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The foundations of European Community law : An introduction to the constitutional and administrative law of the European Community. 3e éd. Oxford : Clarendon Press, 1994.
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The foundations of European Community law : An introduction to the constitutional and administrative law of the European Community. 2e éd. Oxford [England] : Clarendon Press, 1988.
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New governance and the European employment strategy. New York, NY : Routledge, 2010.
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Maduro, Miguel Poiares. We the court : The European Court of Justice and the European Economic Constitution : a critical reading of Article 30 of the EC Treaty. Oxford : Hart Pub., 1998.
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Hartley, Trevor C. Osnovi prava Evropske zajednice : Uvod u ustavno i upravno pravo Evropske zajednice. Sarajevo : Pravni centar, Fond otvoreno društvo, 1998.
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Cuthbert, Mike. European Community law. London : Cavendish Publishing, 1993.
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European Community law. London : Cavendish Pub., 1995.
Trouver le texte intégralChapitres de livres sur le sujet "Constitutional law – European Economic Community countries"
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Erdősová, Andrea. « The Constitutional Development of Slovakia ». Dans Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 149–72. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_9.
Texte intégralRésumé :
This chapter covers the history of the constitutions of previous state forms of what we recognise today as the Slovak Republic from the end of World War I and also mentions the antecedents of the present country. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. (Declaration of Independence) Jefferson’s words remain as true today as they were 250 years ago. The guiding principle of this experiment in a representative democracy is that the government derives its powers from those it governs, but nothing is guaranteed, and people are promised nothing if they do not stand up and force the government to uphold that principle. It seems to be extremely difficult to pinpoint all the essential details of the constitutional development of Slovakia because, after the First World War, this development was accompanied by many different turbulences. We must imagine the whole history threat from the great economic crisis through World War II, the era of communism, the development after the Velvet Revolution in 1989 as well as many changes in governments and thus changes in the country’s orientation and in the system of constitutional changes. In the following text, we therefore focus on those moments of constitutional development and constitutional changes that we consider to have had an impact on the current form of the constitution of Slovakia and the constitutional acts and the findings of the Constitutional Court of the Slovak Republic. Law and justice are not available to the legislator. The idea that the legislator can arrange everything according to his will would mean a return to the spiritual position of worthless legal positivism, which has long been obsolete in legal science and practice.
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Milošević, Goran. « Regulation of Public Finances in Serbia in Light of Financial Constitutionality ». Dans Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries, 151–80. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.zn.ropfatilofc_8.
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A country has always been an important factor in the economic processes of a county. With its activity, mechanisms for provision of services, consumption and investment system, its role in the allocation and distribution process of income and wealth, a country directly or indirectly establishes certain relations in the social reproduction process. Because of that it can be said that the country activity reflects on the public, but also on the private sector of a social community. No government, no county, can afford the ease of economic and any other activity taking place past it. A country must take on a lot of tasks, to establish the necessary harmony in all spheres of social activities in a social community. For realization of numerous tasks that are entrusted to one country, it needs certain funds that it collects either with the monopoly of its sovereign authority or in some other way. With the change and development of the county the tax system which is necessary to fulfil its role also changed and developed. In the field of taxation, the Republic of Serbia has no limitations on the scope of its tax jurisdiction. The constitution regulates the subjective financial law of the country, i.e., the right to introduce and collect taxes and prescribe the duty of natural and legal entities to act in accordance with tax regulations. Modern constitutions have established the principle of legality of taxes, which can be expressed by the maxim ‘nullum tributum sine lege’ (‘there is no tax without law’). Thus, Article 91, paragraph 1 of the Constitution of Serbia prescribes that the funds from which the jurisdiction of the Republic of Serbia, autonomous provinces and local self-government units are financed, are provided from taxes and other revenues determined by law. Paragraph 2 of the same article proclaims the rule that the obligation to pay taxes and other duties is general and is based on the economic power of the taxpayer. Therefore, the basic postulates on which the financial right is built are contained in the constitution. It follows that financial law cannot exist without constitutional norms. On the other hand, through tax law, the constitution gained its concretization and realization. The science of financial law is exhibited in numerous monographs, textbooks, studies, discussions, articles, and other publications. Several authors have made a great contribution to the development of this scientific discipline in Serbia, among which the most important are Milan Todorović, Jovan Lovčević, Aleksandar Perić, Miodrag Jovanović, Miroslav Petrović, Dejan Popović, Božidar Raičević, and others.
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Kozerska, Ewa, et Tomasz Scheffler. « State and Criminal Law of the East Central European Dictatorships ». Dans Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.
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The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
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Clark, David S. « Postwar Legal Transplants and Growth of the Academic Discipline : 1945–1990 ». Dans American Comparative Law, 349—C7.N1. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195369922.003.0007.
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Abstract America again re-engaged in foreign legal reform after 1945 in Germany, Japan, and Korea, dependent upon the social, political, economic, and military situation. During the 1950s, the communist Cold War ideological threat to capitalism and liberal democracy pushed the United States to demonstrate its ability to foster economic and social progress among its allies and non-aligned nations. Comparatists in the ABA and the newly formed American Association for the Comparative Study of Law devoted substantial effort to international unification of commercial and trade law and later law projects to promote modernization among developing countries, such as agrarian reform, judicial independence, and active instruction in legal education. By the 1970s, unsatisfactory results for most of these action programs shifted concern to scholarly inquiry about the relationship between law and social change. Furthermore, comparative lawyers began to take a greater interest in the amorphous concepts of rule of law and human rights. The postwar period marked a steady rise in comparative law academic quality, stimulated by the AACSL, its meetings, journal, and participation in international congresses. Comparatists developed expertise in subfields, namely, unification of law, private international law, and comparative legal sociology. Law schools saw more comparative law courses and coursebooks; some specialized in Soviet, Japanese, or Latin American law, or in fields such as comparative constitutional law or European Community law. Comparative law journals proliferated, as did degree programs for foreign students. By 1990, the AACSL had instituted a democratic system of election, which put it on a path toward further growth.
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Loveland, Ian. « The European Economic Community 1957–1986 ». Dans Constitutional Law, Administrative Law, and Human Rights, 338–87. Oxford University Press, 2012. http://dx.doi.org/10.1093/he/9780199606405.003.0011.
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Loveland, Ian. « 11. The European Economic Community 1957–1986 ». Dans Constitutional Law, Administrative Law, and Human Rights, 337–86. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198709039.003.0011.
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Schütze, Robert. « 1. Constitutional History ». Dans European Union Law, 3–40. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198864660.003.0001.
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This chapter surveys the historical evolution of the European Union in four sections. Section 1 starts with the humble origins of the Union: the European Coal and Steel Community (ECSC), which was set up by the 1951 Treaty of Paris. While limited in its scope, the ECSC introduced a supranational idea that was to become the trademark of the European Economic Community (EEC). Section 2 focuses the EEC, while Section 3 investigates the development of the (old) European Union founded through the Treaty of Maastricht. Finally, Section 4 reviews the reform efforts leading to the Lisbon Treaty, and analyses the structure of the—substantively—new European Union as it exists today. Concentrating on the constitutional evolution of the European Union, the chapter does not present its geographic development.
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Lenaerts, Koen, Piet Van Nuffel et Tim Corthaut. « External Action of the Union ». Dans EU Constitutional Law, 336–74. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0010.
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This chapter focuses on the external competences of the European Union. In Part V of the TFEU relating to 'external action by the Union', the Lisbon Treaty has brought together most of the external competences of the Union. Besides provisions on, inter alia, the common commercial policy, development cooperation, and cooperation with third countries and humanitarian aid (Articles 206 to 214 TFEU), Part V contains a legal basis for the adoption of restrictive measures against third countries and non-State entities (Article 215 TFEU) and a solidarity clause (Article 222 TFEU). However, the TFEU does not contain the provisions relating to the common foreign and security policy (CFSP), which are found in Chapter 2 of Title V of the TEU (Articles 23 to 46 TEU). The CFSP does not consist of a list of competences, but rather formulates aims and instruments with a view to pursuing a 'foreign policy' alongside and in conjunction with other external Union action. Moreover, the European Atomic Energy Community (EAEC) has a general power to conclude international agreements within the confines of the competences conferred on it by the EAEC Treaty.
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Petersmann, Ernst-Ulrich. « Insufficient Constitutional Restraints in National Laws and in European Community Law on Government Powers to Tax and Restrict Foreign Trade : Trade Mercantilism as “Constitutional Failure” ». Dans Constitutional Functions and Constitutional Problems of International Economic Law, 139–208. Routledge, 2019. http://dx.doi.org/10.4324/9780429034268-8.
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Loveland, Ian. « 11. Parliamentary Sovereignty within the European Union ». Dans Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0011.
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This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing whether continued EC membership will entail a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the constitution between Parliament and the courts.
Actes de conférences sur le sujet "Constitutional law – European Economic Community countries"
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Hajdini, Bojana, et Gentjan Skara. « THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY DURING THE COVID-19 PANDEMIC IN THE LIGHT OF ECHR STANDARDS ». Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22430.
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The COVID-19 crisis confronted states with the challenge of finding an immediate balance between public health measures and the principles of the rule of law. The rapid spread of the virus associated with the severe consequences on human health and life required prompt action, without the necessary scientific evidence to assess the effectiveness of the measures taken. Being faced with such a situation, numerous countries opted for drastic measures, like lock down and the restriction of some fundamental human rights and freedoms. This paper analyses the freedom of peaceful assembly during the COVID-19 pandemic in Albania, addressing the research question of whether and to what extent the response of the Albanian government to the COVID-19 pandemic was in compliance with the European Convention of Human Rights (ECHR). In this attempt, it will briefly introduce the measures taken by the Albanian government in the face of the situation and their impact. Following, it will focus on the recent decision of the Constitutional Court of Albania (D-11/21) in relation to the constitutionality of Order 633/2020 of the Ministry of Health and Social Protection which restricted the right of assembly. It will also analyze the extensively-discussed Order 633/2020 in the light of the ECHR and EU standards. The paper concludes that the measures taken by the Ministry of Health and Social Protection of Albanian lacked clarity on ratio legis and most importantly, information on how these measures would be implemented and to what extent they would restrict human rights.
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Đurić, Stefan, et Bojana Lalatović. « SOLIDARITY CHECK IN TIMES OF COVID-19. ANALYSIS OF THE EU APPROACH TOWARDS ITS CLOSEST NEIGHBOURS WITH A SPECIAL FOCUS ON MONTENEGRO ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18303.
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Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.
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Karluk, S. Rıdvan. « Eurasian Customs Union and Turkey’s Membership ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.
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Angelova, Ivana. « Building moratorium as a future instrument for tackling unsustainable urban growth ». Dans 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/ftam9222.
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We live in times when our planet is overloaded with issues coming from human activities where additional mechanisms to preserve the quality of life are essential. Modern societies experience constant internal dynamics. The uncontrolled urban growth leading to dense and unmanageable environment is a main urban issue cities face today. This is a prevailing problem in the developing countries where the construction industry is booming. Overall, while there is a rush to development there are also some conflicting interests and policies that are leading to unsustainable urban growth. To regulate a property development a local government can try to impose a moratorium on the issuance of building permits and this can be agreed upon all the interest parties or it may be imposed by operation of law (Lehman and Phelps, 2005). Oftentimes local authorities will impose a building moratorium to tackle development in order to have time to make a satisfactory urban plan or to make some changes and update the regulations. The land use control objective is to promote good planning values supported by the whole community. This is done by regulating the urban growth and it is best implemented on a carefully contemplated comprehensive plan. During a time a new plan is being drafted and growth balance is achieved some construction demand may arise based on an existing outdated, inadequate urban plan. If this demands are met “the ultimate worth of the eventual plan could be undermined” and this where the moratorium comes in place (Coon, 2010). The resources of academic literature on the case are somewhat in short supply and mainly based on describing specific case scenarios without a critical thought on the tool itself. Based on the resources the paper will look at a few different cases in developed countries using the growth management systems and one southeast european case - the city of Skopje, Macedonia that adopted the building moratorium system in January 2018. The author of this paper was personally involved in the decision making process in that time and will try to elaborate on how the tool was being used. The validity should be determined by weighing its impact on the affected parties and more comprehensive research in the economic repercussions of the mechanism is needed. A building moratorium is oftentimes a political decision and it's downside is that political parties would use it merely for their own purposes.