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Littérature scientifique sur le sujet « Court of Justice of the European Communities. – Rules and practice »

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Publié le 10 mars 2023

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Articles de revues sur le sujet "Court of Justice of the European Communities. – Rules and practice"

Puttler, Adelheid. « A. Ahlström Osakeyhtiö v. Commission of the European Communities ». American Journal of International Law 83, n^o 2 (avril 1989) : 357–61. http://dx.doi.org/10.2307/2202750.

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Canadian, Finnish and United States producers of wood pulp and two trade associations of such producers, one Finnish and one American, applied to the Court of Justice of the European Communities for annulment of a 1984 decision of the Commission of the European Communities. Under the 1984 decision, the Commission found the applicants to have infringed Article 85 of the EEC Treaty by engaging in concerted actions relating to the prices of wood pulp exports into the European Community (EC). The applicants, whose registered offices were all outside the Community, were ordered to terminate the pricing practices and to refrain in the future from measures having the same object or effect. The Commission fined all but two of the applicants for their past conduct. In this preliminary judgment, the Court held: (1) that the territorial scope of Article 85 of the EEC Treaty applies to the pricing practices of the applicants; (2) that by applying Article 85 to such practices, the EC had not infringed the public international law principles of territoriality and noninterference; (3) that the Commission’s decision is vacated insofar as it concerns the pricing actions of KEA, an association of U.S. wood pulp producers registered as an export cartel under the Webb-Pomerene Act; and (4) that the competition rules in the Free Trade Agreement between Finland and the Community do not preclude the application of the EEC Treaty.

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Gray, Margaret, et Marie Demetriou. « Developments in EC competition law in 2006 : An overview ». Common Market Law Review 44, Issue 5 (1 octobre 2007) : 1429–62. http://dx.doi.org/10.54648/cola2007114.

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This article covers the major developments and general trends in EC competition law and policy in 2006. It discusses new EC legislation and other instruments adopted by the Commission of the European Communities, such as the steps taken to strengthen the Commission’s enforcement of the competition rules by the adoption of the 2006 Guidelines on the method of setting fines and the 2006 Leniency Notice. The decisional practice of the Commission is considered, in particular in the fields of cartels, fines and penalty payments, and merger control, along with recent policy initiatives, such as the potential roles of direct settlements of infringement proceedings and of private enforcement, primarily through damages actions for breaches of the competition rules. The case law of the Court of Justice and Court of First Instance during the period is surveyed. Important judgments regarding key concepts affecting the general application of the substantive provisions of Articles 81 EC and 82 EC, such as Meca-Medina, FENIN, SELEX and O2 Germany are addressed, as well as a number of rulings by the CFI on procedural issues, including certain rulings on the Austrian Banks — Club Lombard proceedings. Key case law on vertical agreements, such as GSK and Unilever Bestfoods is dealt with, as are the principal judgments concerning cartels and competitor cooperation, which principally focus on the levels of financial penalties imposed and largely confirm the Commission’s wide discretion in that area.

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Zavhorodnia, V. M. « The origin and development of the European Union sports policy and law. » SUMY HISTORICAL AND ARCHIVAL JOURNAL, n^o 39 (2022) : 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.

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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.

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Oxman, Bernard H., Juliane Kokott et Frank Hoffmeister. « A. Racke GmbH & ; Co. v. Hauptzollamt Mainz ». American Journal of International Law 93, n^o 1 (janvier 1999) : 205–9. http://dx.doi.org/10.2307/2997963.

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A. Racke GMBH & Co. v. Hauptzollamt Mainz. Case C-l 62/96.Court of Justice of the European Communities, June 16, 1998.The German Bundesfinanzhof (Federal Finance Court) asked the Court of Justice of the European Communities whether an EEC Council regulation suspending the trade concessions provided for by the 1980 Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia was valid. The Court answered in the affirmative, holding that, in adopting the regulation, the Council had not acted contrary to the rules of customary international law concerning termination and suspension of treaty relations because of a fundamental change of circumstances.

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Salachová, Bohumila, et Bohumil Vítek. « Interpretation of European law, selected issues ». Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, n^o 7 (2013) : 2717–20. http://dx.doi.org/10.11118/actaun201361072717.

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The article deals with the issue of interpretation of European law. It is based on the classical methodology of law interpretation in continental Europe, but it also reflects the particularities and recent approaches, which are used in European law as in independent and particular legal system. So it is essential to emphasize the autonomous conception of European law, which finally means its own methodology which is different from national attitudes. By practice of European bodies and mainly by judgments of Court of Justice of European Union was established specific set of rules which corresponds to peculiarities of European Union as an integrative society. The Court of Justice formulated in its decision two basic principles for the application of the European law in the Member States: the principle of direct effect of the European law in the Member States and the principle of the primacy of the European law rules in the national legal rules of the Member States. There should be further assigned to these two basic principles the principle of indirect effect of directives (uniform interpretation) and the principle of State liability for damage caused to an individual by breach of the European law. The application of principles of direct effect and primacy of the European law rules is closely related to the preliminary ruling procedure (prejudicial proceedings). The judge-made law can be used only by the Court of Justice, neither the administrative bodies of EU nor the national bodies have this capacity.

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Poffé, Léon R. L. « The European Convention on Human Rights : Merger Proposal for Commission and Court ». Leiden Journal of International Law 2, n^o 1 (mai 1989) : 90–96. http://dx.doi.org/10.1017/s0922156500001114.

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Most European courts face overloading. Therefore the Single European Act has incorporated Article 168A into the lifiC Treaty. According to this article the Court of Justice of the European Communities may request the Council to create a Court of First Instance with a limited jurisdiction. This request has been made by the Court on September 29, 1987; by its decision of October 24,1988 the Council has approved of this request. The reason behind this proposed change in the procedure before the Court of Justice is the enormous pile of cases on the desks of the Judges in Luxembourg. Apart from this, already institutionalised remedy, other ideas are also circulating in Luxembourg with a view to improve the existing practice of the Court of Justice. One of these ideas concerns the possibility of abandoning the institution of Advocates-General by merging them with the corps of judges. Only in cases of exceptional interest one of the judges could act as a Advocate-General. I do not intend, however, to give a full account of the possibilities which have already been put forward in order to improve the working of the Court of Justice. This note will look at the other ‘European Court’, that is, the European Court of Human Rights (European Court), which is one of the organs created by the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). This Court is ill so overloaded with cases, just as its counterpart in Luxembourg. Kill unlike the constitutional changes in the European Communities, none of the proposal measures to improve and accelerate the work of the European Court has been incorporated in an amendment of, or an additional protocol to the European Convention.

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Tasalov, К. A., S. G. Sokolova et D. M. Osina. « Countering the corporate tax avoidance in the Court of Justice of the European Union practice ». Law Enforcement Review 5, n^o 3 (2 octobre 2021) : 178–94. http://dx.doi.org/10.52468/2542-1514.2021.5(3).178-194.

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The article contains the analysis of extensive CJEU practice regarding the issues of countering corporate tax avoidance, and legal framework, mostly the provisions of the Treaty on the Functioning of the European Union and Directives.The purpose of this paper is to conduct a comprehensive research of the issues of countering the corporate tax avoidance in the CJEU practice. For this reason the authors set the following tasks: (1) to consider the concept of abuse of law, developed by the CJEU practice, with respect to corporate tax avoidance; (2) to identify the interaction between national anti-avoidance rules and fundamental freedoms of the internal market as established by the CJEU practice; (3) to study the CJEU practice concerning the implementation of tax directives and the application of anti-avoidance measures; (4) to identify the main features of the Directives "Anti-Tax Avoidance Directive" (ATAD) in terms of their potential impact on the development of the CJEU practice.The research methodology includes the application of both general methods of formal logic (including analysis, synthesis, deduction and induction) and special legal methodology (formal legal and comparative legal methods).The main results of the study. The CJEU has repeatedly considered the problem of conflict of national anti-avoidance rules with the fundamental freedoms of the EU internal market. The conflict between these rules is resolved in different ways depending on the type of antiavoidance rules: (1) national rules aimed at countering the abuse of law, and (2) national rules developed to counter tax avoidance, which are strictly applied according to formal criteria, without any requirement to prove abuse of law in a particular situation. The application of national anti-avoidance rules may provide for the exemptions from the regime of fundamental freedoms of the internal market. Where national anti-avoidance rules are not aimed at combating wholly artificial arrangements, but are applied mechanically, due to formal criteria, such rules should apply subject to the legal regime of fundamental freedoms. The CJEU held that the concept of beneficial owner should be applied not only to interest and royalties, but also to the distribution of profits, despite the fact that the provisions of the Parent-Subsidiary Directive do not contain such a concept. EU law prohibits the granting of state aid. National anti-avoidance rules and law enforcement practice may be subject to such a prohibition in cases where they create positive discrimination.Conclusions. When implementing the provisions of the ATAD 1-2, the EU Member States committed numerous breaches of the EU law. It therefore can be expected that the CJEU practice regarding the proper implementation of the Directives may appear in the near future. The general prohibition of abuse of EU law shall apply, even in cases where the EU Member State has not implemented the anti-avoidance mechanisms of tax directives into its national law. The general prohibition of abuse of EU law shall apply despite the principle of legal certainty, which precludes directives from being able by themselves to create obligations for individuals, so the directives cannot be relied upon per se by the Member State as against individuals. Sections 1−2 were contributed by S.G. Sokolova, 3−4.1 by D.M. Osina (section 4.1 in collaboration with K.A. Tasalov), 4.1−7 by K.A. Tasalov (section 4.1 in collaboration with D.M. Osina).

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KLIMEK, LIBOR. « CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON MARKET ABUSE AT EUROPEAN LEVEL ». Economic problems and legal practice 16, n^o 5 (20 octobre 2020) : 294–313. http://dx.doi.org/10.33693/2541-8025-2020-16-5-294-313.

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A set of legislative instruments regulating market abuse have been adopted by the European Union. The principal contemporary legislative instrument in this field, addressed to its Member States, is the Regulation No 596/2014 of the European Parliament and of the Council on market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings

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Louis, Frédéric. « Ferring Revisited : the Altmark Case and State Financing of Public Service Obligations ». World Competition 27, Issue 1 (1 mars 2004) : 53–74. http://dx.doi.org/10.54648/woco2004005.

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On 24 July 2003, the Court of Justice of the European Communities (``the Court of Justice'') rendered its eagerly awaited judgment in the Altmark case, ending the controversy surrounding the application of the EC State Aid control regime to compensation granted to undertakings in consideration for public service obligations imposed on them, which had divided the Court of Justice and the Court of First Instance of the European Communities, and sparked a wide debate between four of the Court of Justice's Advocates General. The Court held that State compensation for public service obligations does not confer an advantage on the undertakings concerned, and hence does not constitute State Aid within the meaning of the EC Treaty (``EC''), provided four stringent conditions are satisfied, which will serve as safeguards to make sure that its ruling is not used by Member States to favour certain undertakings under the guise of compensating them for the costs incurred in discharging public service obligations. This judgment is meant to enable Member States to organise public services without having to submit their financing mechanisms to prior European Commission scrutiny under the State Aid control rules. However, the conditions determined by the Court of Justice will ensure that only the most clear-cut cases will benefit from the generous treatment provided for by the Altmark ruling. A number of issues remain unresolved and it is to be hoped that the Commission will now act quickly to provide Member States with the necessary guidance in this important field.

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KLIMEK, LIBOR. « CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL ». Economic problems and legal practice 16, n^o 06 (28 décembre 2020) : 237–55. http://dx.doi.org/10.33693/2541-8025-2020-16-6-237-255.

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A set of legislative instruments regulating market abuse have been adopted by the European Union. As regards criminal law sanctions, the principal contemporary legislative instrument in this field, addressed to its Member States, is the Directive 2014/57/EU on criminal sanctions for market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on criminal issues within market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.

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Thèses sur le sujet "Court of Justice of the European Communities. – Rules and practice"

Askew-Renaut, Estelle. « Access to justice for individuals before the European Court of Justice and the Court of First Instance of the European Communities : in line with international human rights law and practice ? » Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437665.

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CROON, Johanna. « Reconceptualizing European equality law : a comparative institutional analysis ». Doctoral thesis, 2013. http://hdl.handle.net/1814/28033.

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Defence date: 5 June 2013
Examining Board: Professor Miguel Maduro, European University Institute (Supervisor) Professor Mattias Kumm, European University Institute Professor Neil Komesar, University of Wisconsin Professor Christoph Möllers, Humboldt Universität, Berlin.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis seeks to widen our understanding of the general principle of equality within European Union law. In its approach it is theoretically ambitious yet grounded in case law analysis. After an introduction into the origins of the notion of equality, the thesis sets out to deconstruct the adjudication by the European Court of Justice as well as by selected Member State courts on some of the most pressing issues of European equality law via the means of comparative institutional analysis. More specifically, it examines the diversity of applied standards of testing by the European Court of Justice, its handling of reverse discrimination and its dealing with affirmative action. Moreover, it looks at the Austrian and German case law on reverse discrimination. Through this exercise, the thesis illustrates that the judges are in their decisions both guided by reaching a 'fair' outcome to the cases and by reflections on their ability to rule on egalitarian issues. The work describes in detail how institutional considerations inform judicial decisions in matters of equality. Building on the finding that institutional thinking influences judicial decision making, the thesis continues to ask whether this practice is desirable. Its concluding chapter argues for an adaptation of the existing equality doctrine in European Union law in order to provide judges, practitioners and academics with tools to merge institutional considerations along with legalist interpretation of equality guarantees in an open and comprehensible manner.

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Livres sur le sujet "Court of Justice of the European Communities. – Rules and practice"

The European Court of Justice : Practice and procedure. 2^e éd. London : Butterworths, 1994.

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References to the European Court. London : Sweet & Maxwell, 1995.

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Mohay, Ágoston. Az Európai Parlament a Bíróság előtt : Az Európai Unió Bírósága gyakorlatának hatása az Európai Parlament intézményi pozíciójára. Pécs : PTE ÁJK Európa Központ, 2012.

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Court of Justice of the European Communities. Selected instruments relating to the organization, jurisdiction, and procedure of the Court. Luxembourg : Office for Official Publications of the European Communities, 1993.

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1968-, Fenger Niels, dir. Preliminary references to the European Court of Justice. Oxford : Oxford University Press, 2010.

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Der Europäische Gerichtshof und der Verhältnismässigkeitsgrundsatz : Untersuchung der Prüfungsdichte : insbesondere in der Gegenüberstellung der Kontrolle von Gemeinschaftsakten und von Massnahmen der Mitgliedstaaten. Frankfurt am Main : P. Lang, 2002.

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Niedermühlbichler, Hannes. Verfahren vor dem EuG und EuGH : Gerichtsorganisation, Zuständigkeit, Verfahrensarten. Wien : Manz, 1998.

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Keus, L. A. D. Europees procesrecht. Arnhem : Gouda Quint, 1995.

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Schima, Bernhard. Das Vorabentscheidungsverfahren vor dem EuGH : Unter besonderer Berücksichtigung der Rechtslage in Österreich und Deutschland. 2^e éd. Wien : Manz, 2004.

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Chapitres de livres sur le sujet "Court of Justice of the European Communities. – Rules and practice"

Jacobs, Francis G. « Interim Measures in the Law and Practice of the Court of Justice of the European Communities ». Dans Interim Measures Indicated by International Courts, 37–68. Berlin, Heidelberg : Springer Berlin Heidelberg, 1994. http://dx.doi.org/10.1007/978-3-662-03017-2_2.

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« Chapter Twelve. The Court of Justice of the European Communities and the Spanish Constitutional Court : a Comparison ». Dans The Legal Practice in International Law and European Community Law, 397–416. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004154261.i-689.101.

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« Chapter Ten. The Procedure before the Court of Justice of the European Communities ». Dans The Legal Practice in International Law and European Community Law, 329–77. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004154261.i-689.82.

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« Chapter Eleven. References for Preliminary Rulings and Their Procedure before the Court of Justice of the European Communities ». Dans The Legal Practice in International Law and European Community Law, 379–95. Brill | Nijhoff, 2007. http://dx.doi.org/10.1163/ej.9789004154261.i-689.93.

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Szilágyi, János Ede. « Hungary : Strict Agricultural Land and Holding Regulations for Sustainable and Traditional Rural Communities ». Dans Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 145–97. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_7.

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Hungarian land law is a dynamically changing area of Hungarian law. In the first few years after the regime change of 1989–90, the legislator reregulated this area—which had previously been, in a sense, underregulated—with the Arable Land Act of 1994, thus creating a regulatory environment in which many elements of the current national land law, such as the restrictions on the acquirement of land by legal persons and the system of preemption and prelease rights, were already present. Meanwhile, in parallel, the process of restitution for Hungarian agricultural lands and holdings, which was an important element in the restructuring of former large-scale socialist enterprises to capitalist conditions, was taking place. The restitution process settled many things, but it also became the source of many problems, the effects of which are still felt today. The next major change in Hungarian land law was linked to Hungary’s accession to the EU. For 10 years after the accession in May 2004, Hungarian land legislation was temporarily allowed to maintain its previous national rules. The central element in the creation of EU-compliant regulation is Act CXXII of 2013 on Land Transfer, based on the Hungarian Constitution (the so-called Fundamental Law), and many other laws and regulations supplementing it. In designing this regulatory model, the legislator has sought to ensure both to guarantee the right to property and protect agricultural land as a priority natural resource and national asset protected by the Constitution. It has brought a major change to the Hungarian land law that, in addition to agricultural land, agricultural holding has become one of the central subjects of regulation, and the legislator has now moved toward a special regime for intestate succession of agricultural land. In relation to the regulation of agricultural land, important judgments have now been handed down by both the Hungarian Constitutional Court and the Court of Justice of the European Union. The regulatory framework provided by regional investment protection agreements is an important benchmark in Hungarian land law.

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Korom, Ágoston. « The European Union’s Legal Framework on the Member State’s Margin of Appreciation in Land Policy : The CJEU’s Case Law After the “KOB” SIA Case ». Dans Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 77–90. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_4.

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Several studies and scientific workshops have considered the member states’ rules—within the framework of EU law—on the ownership and use of agricultural and forest property, taking into account that this area is significant not only for the member states that acceded after 2004, such as Hungary, but also for the founding members. These examinations have focused on the public interests acknowledged by the Court of Justice of the European Union (CJEU), such as the preservation of the rural population; the promotion of small and middle-sized, livable properties; and the easing of the speculative pressure on the land market, which should be achieved in practice without compromising EU law—especially its fundamental freedoms. This characteristic of the CJEU’s relevant case law primarily led to the application of the free movement of capital; nevertheless, the CJEU’s judgment in the “KOB” SIA case resulted in a significant change in this area, which is the main subject of the current examination.

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Kaye, Alexander. « Modernizing the Chief Rabbinate ». Dans The Invention of Jewish Theocracy, 99–121. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190922740.003.0005.

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This chapter deals with the effects of legal centralization on the institutions and procedures of the Chief Rabbinate of Palestine and, after 1948, Israel. An institution established by the British Mandate, the Chief Rabbinate became far more powerful in the late 1940s and early 1950s, under the tenure of Isaac Herzog and Benzion Ousiel. During that time, a series of reforms were enacted that imported the structure and procedures of modern European law into the Israeli rabbinate. As part of these reforms, regional rabbinical courts were, under protest, made subordinate to a rabbinical court of appeals in Jerusalem and made subject to new procedural rules. Rabbinical enactments were crafted to create a uniformity of practice among Israel’s diverse Jewish communities. At the same time, rabbinical court rulings were published for the first time in the format of secular law reports and rabbinical committees composed halakhic law books, in the model of modern legal codes, which they intended to be the law for all citizens of Israel.

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Marinkás, György. « Human Rights Aspects of the Acquisition of Agricultural Lands With Special Regard to the ECtHR Practice Concerning the So-Called “Visegrád Countries”, Romania, Slovenia, Croatia, and Serbia ». Dans Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 25–53. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_2.

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The aim of the current study is to examine how the national legal rules and judicial practice regarding the acquisition and holding of agricultural land are, in the case law of the European Court of Human Rights, linked to the right to property and the right to fair trial, as granted by Article 1 of the First Protocol to the European Convention on Human Rights and Article 6 (1) of the Convention. The study is focused on the land-related issues of the so-called “Visegrád Countries”—Czech Republic, Hungary, Poland and Slovakia—and some other selected neighboring countries, namely Romania, Slovenia, Croatia, and Serbia, all of which are member states of the Council of Europe. The author identified two main categories of legal issues, which are relevant in the selected countries or constitute a distinctive feature of these countries. The category of compensation-related cases can be divided into three main subcategories: cases where the compensation system established by the state after the change of regime displayed systematic shortcomings; cases where the earlier proprietors’ or their heirs’ interests clashed with those of third parties who acquired the property in good faith; and the so-called Slovakian “Gardener cases,” as the author named them, which display similarities with the second subcategory. The other main category is the issue of agricultural land acquisition by foreign natural or legal persons. However, the ECtHR’s case law is not that elaborated in this question as the case law of the Court of Justice of the European Union, since, contrary to EU law—which as a rule obliges member states to provide the free disposal of agriculture land—Article 1 of Protocol No. 1 does not create a right to acquire property. However, a national legislation that, alone among the CoE member states, implemented land reform programs with some blanket restrictions on the sale of agricultural land is incompatible with the provisions of Article 1 of Protocol No. 1.

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Oermann, Nils Ole, et Hans-Jürgen Wolff. « Trade wars, economic warfare, and the law ». Dans Trade Wars, 65–78. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192848901.003.0005.

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Abstract The chapter describes the rules in force of international law concerning sanctions, trade war, and economic warfare as practised until 1945. It deals with the UN Charter, the Additional Protocols to the Geneva Conventions, the San Remo Manual on the Law for Armed Conflict at Sea, the judgement by the International Court of Justice with regard to US measures against Nicaragua, and the rules of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). It explains the principles of most-favoured-nation and of national treatment and examines the state of the law regarding trade restrictions for reasons of national security. It describes the WTO procedures for settling trade disputes and reports the criticism of WTO practice and the cause for WTO reform. It highlights the positions of the United States and the European Union regarding reform and regarding Chinese behaviour that may violate the letter or the spirit of the WTO regime.

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« wanted total equality among its pupils in all areas including dress. Therefore, the ‘no turban rule’ was a necessary aspect of uniform, discipline and equality. The school insisted that it was non-sectarian yet the headmaster also maintained that the school wished to project ‘a Christian image’. Therefore, by implication suggesting that the turban was also said to be a challenge to the Christian faith. The headmaster also objected because it was a manifestation of the appellant’s ethnic origins. Lord Fraser found that the school could not justify the condition on grounds other than on ethnic origin and that this was illegal under the Act. In addition, Lord Fraser stated that Lord Denning’s criticism of the CRE was completely unjustified. This brief discussion of one case reveals the different approaches to statutory interpretation. Context and perhaps judicial attitudes dictate the rules used. Rules of interpretations are not referred to. Perhaps the best indicator of what is going on is a careful consideration of what is being said and what ‘styles’ of interpretation seem represented by the tone of the judgment. Each judge does indeed have a personal style. Interpretational problems can never be solved by the neat application of interpretational rules, even worse perhaps the rules do little or nothing to solve problems. At the risk of heresy, perhaps all that purported interpretational rules do is simply to justify solutions. As mentioned above, there is rarely one right answer, only a range of more plausible and less plausible outcomes, varying according to interpretational styles. Judges use their creativity in working out a solution according to criteria which must be rational either in reality or in argument. They invariably go beyond the text when constructing answers. Lord Denning, for example, moved from dictionary definitions to subjective assertion. Often, judges say no more than ‘this is the answer because I say so’. Judges, as previously noted, can be classified as formalists or contextualists. It is possible to begin to guess as to which rules the judges think they are using. It is good also to accept that it is not always possible to understand what they are arguing, and to realise that, at times, judges themselves are wrong and not themselves too sure of the appropriate outcome. This is what makes comprehension of the methods of statutory interpretation, and the use of precedents, so difficult. It is essential to realise the limits of a supposed scientific approach and the limitless possibilities that open up when the illogical bridges from one set of rationale to the next are located and the power of language appreciated. As the judges engage more with the European dimensions of interpretation they are being forced to engage more often with the teleological approach used in European cases. As discussed in Chapter 5, the Human Rights Act 1998 states that judges in deciding cases on the enforcement of European Convention rights must have regard to the case law and jurisprudence of the European Court of Human Rights. In addition by virtue of the European Communities Act 1972 (as amended) English courts are required to take notice of the decisions of the European Court of Justice. It is highly likely that this consistent engagement will result, over time, in a profound change to the tradition of statutory interpretation within the English legal system. » Dans Legal Method and Reasoning, 125. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-98.

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Actes de conférences sur le sujet "Court of Justice of the European Communities. – Rules and practice"

Vujisić, Dragan. « POTROŠAČ (I) KAO KORISNIK USLUGA U PRAKSI EVROPSKOG SUDA PRAVDE ». Dans XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.795v.

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Consumer as a term in the in law of EU is not regulated in one place. It can be found in the most different places in the primary law of EU, in the secondary law of EU, as well as within the legal regulations of collision law of EU. From the view point of the secondary law,primarily, it is possible to claim that there is mainly formulated unique term of consumer in the law of EU. In the harmonization of the term of consumer the essential role was played by the judicial practice of the European Court of Justice. The subject and questions addressed to this Court were, among others whether the consumers status have also small non-profit legal persons, whether in application of regulations concerning consumers protection, in addition to objective criteria are also used subjective ones like knowledge, skill, information possessed by the physical person, whether the legal protection is available also to the persons concluding a consumer agreement with double purpose (within and outside a professional activity), whetter the consumers protection is privided also for the persons represented in the case by a lawyer, whether this protection is also provided for the communities of physical persons who do not possess the capacity of legal person, and others.

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