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Artykuły w czasopismach na temat "Civil law – european union countries – congresses"
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Křepelka, Filip. "Dominance of English in the European Union and in European Law". Studies in Logic, Grammar and Rhetoric 38, nr 1 (1.09.2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems". Academic Journal of Interdisciplinary Studies 7, nr 2 (1.07.2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Sauron, Jean-Luc. "Le rôle des États membres dans l’administration de l’Union européenne". Revue française d'administration publique 95, nr 1 (2000): 453–63. http://dx.doi.org/10.3406/rfap.2000.3412.
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The Role of Member States in the European Union Administration. The fact that relatively few civil servants work within the European Union is due to the application of Community law by Member States’ administrations under the supervision of the Community’s administration. National administrations have a role to play in the administration of the European Union during the negotiation, and in order to implement the EU legislation. Moreover, national administrations are an indispensable tool in ensuring effective integration of countries seeking to join the Union. This is why these candidate countries must reform their administrations and why all Member States must try to unify their ministerial structures as far as possible, in order to enhance the vertical application of Community law and to facilitate relations between States and between Member States and the Community’s administration.
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Tashian, Roman I., Bohdan P. Karnaukh i Iryna O. Dzera. "Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries". Global Journal of Comparative Law 10, nr 1-2 (25.06.2021): 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Lando, Ole. "Have the PECL Been a Success or a Failure?" European Review of Private Law 17, Issue 3 (1.06.2009): 367–75. http://dx.doi.org/10.54648/erpl2009025.
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The article treats the impact of the Principles of European Contract Law (PECL), which were published in 2000 and 2003. They have had a considerable influence on law reforms in various European Countries, and has prompted the Commission of the EC to sponsor the bringing about of a Common Frame of Reference which is being prepared by the Study Group of a European Civil Code and other groups, and which is intended to operate as soft law. However, the author’s ambition that the PECL would bring about a binding European Civil Code of Contract applicable in the European Union and replacing the national laws will probably not be realised for a long time to come.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union". Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Thiet, Tran Cong, i Vu Thi Duyen Thuy. "Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union". Studia Prawnicze KUL, nr 3 (28.09.2021): 277–306. http://dx.doi.org/10.31743/sp.10660.
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In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.
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Zelentsov, Aleksandr B., i Viktor E. Gatsolati. "The Public Law Service of the State Registration of Civil Society Organizations". Administrative law and procedure 3 (10.03.2022): 36–47. http://dx.doi.org/10.18572/2071-1166-2022-3-36-47.
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The article is devoted to the consideration of the theoretical and regulatory framework for the provision of public legal services for the state registration of civil society organizations during their establishment in Russia and in the member states of the European Union. A theoretical understanding of the concept of «civil society organization» is carried out and the types of these associations in our country are determined. The article reveals the relationship between the category of public law services and the concepts of public and state services. Analysis of individual provisions of the relevant legislative and other normative acts made it possible to identify shortcomings in the legal regulation of the provision of public legal services for state registration of civil society organizations in Russia and to formulate proposals for its improvement based on the experience of legal regulation of the legal relations in question in the countries of the European Union.
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Sosna, Alexandru, i Iuliana Gherman. "Protection of ownership in the Republic of Moldova, Ukraine, European Union. Comparative legal aspect". Supremacy of Law, nr 1 (styczeń 2023): 73–86. http://dx.doi.org/10.52388/2345-1971.2022.e1.06.
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The paper deals with the problems of legal regulation of civil and legal protection of absolute civil rights in the Republic of the Moldova, Ukraine, as well as the European Union. Absolute civil rights, in particular, such as property rights, occupy an important place in the civil law system. These rights are fundamental not only to civil law, but also to the whole national legal system, because personal non-property rights are the basis of the vital activity of an individual, property rights, in particular property rights, are basic economic rights (rights intellectual property rights ensure the protection of literary, artistic, scientific and technical creative activity, and hereditary rights ensure effective civil succession). Therefore, a comprehensive scientific and legal general theoretical study of the whole range of issues concerning the grounds for the emergence of absolute civil rights, their place in the civil law system of Moldova, Ukraine and other countries, types of absolute civil rights in civil science, and their legislative consolidation is necessary and relevant. These surveys can be used in research, rule-making, educational activity.
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Economou, Athina, i Christos Kollias. "Terrorism and Political Self-Placement in European Union Countries". Peace Economics, Peace Science and Public Policy 21, nr 2 (1.04.2015): 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
Rozprawy doktorskie na temat "Civil law – european union countries – congresses"
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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context". Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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Sule, Attila. "The European Union in peace operations : limits of policy-making and military implementation". Thesis, Monterey, California. Naval Postgraduate School, 2003. http://hdl.handle.net/10945/1061.
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Approved for public release; distribution is unlimitedThe 1992 European Union (EU) Common Foreign and Security Policy (CFSP, Maastricht Treaty) marked a turning point in the trans-Atlantic relationship. The Balkan conflicts and broader political changes in the 1990s compelled the EU to assume more responsibility in peace operations. The EU's 60,000 strong Rapid Reaction Force (RRF) is planned to be operational in 2003. Will the EU be able to conduct Petersberg-type peace operations? This thesis analyzes policy and military shortfalls of the Balkan peacekeeping effort. Questions about the legitimacy of armed humanitarian interventions, about difficulties in common policy formulation and translation to sound military objectives are the core problems of civil-military relations in European peace operations. The case studies focus on the EU failure to resolve the Bosnian crises between 1992-95, and on the gaps between NATO policies and military objectives in the operations of 'Implementation Force' in Bosnia and 'Allied Force' in Kosovo. The thesis considers developments in EU CFSP institutions and EU-NATO relationship as well as the EU's response to terrorist attacks on September 11 2001. The thesis argues that the difficulty in EU CFSP formulation limits the effective use of RRF in military operations.
Major, Hungarian Army
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Van, Hedel Johanna Henrïette. "Towards a European ius commune - what lessons can we learn from Quebec's mixed legal system?" Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82673.
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We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive.
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MORAIS, LEITAO Teresa. "Civil liability for environmental damage : a comparative survey of harmonised European legislation". Doctoral thesis, 1995. http://hdl.handle.net/1814/5464.
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STORSKRUBB, Eva. "Judicial cooperation in civil matters : a policy area uncovered". Doctoral thesis, 2006. http://hdl.handle.net/1814/6367.
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Defence date: 9 October 2006Supervisor: Prof. Jacques Ziller
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2007.
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The dissertation analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.
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CANTERO, GAMITO Marta. "The private law dimension of the EU regulatory framework for electronic communications : evidence of the self-sufficiency of European regulatory private law". Doctoral thesis, 2015. http://hdl.handle.net/1814/37647.
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Defence date: 26 October 2015Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor); Prof. Yane Svetiev, EUI; Prof. Annetje Ottow, Universiteit Utrecht; Prof. Fernando Gómez, Universidad Pompeu Fabra Barcelona.
This thesis examines the contractual dimension of the EU Regulatory Framework for Electronic Communications. In particular, it provides a comprehensive legal analysis of the transformations occurring in private law as a result of the impact of EU telecommunications regulation on private law relationships. While the main focus in the Europeanization of private law has been on the sale of goods, this thesis engages the (concealed) private law dimension accompanying the, almost, all-encompassing sector-related framework that concerns the provision of a Service of General Economic Interest. This thesis scrutinizes the private law implications of the regulation of telecommunications services from cradle to grave; i.e. from its making to its enforcement. Hence, it does not only consider substance but also focuses on the institutional and procedural transformations taking place within the sector. Tested against empirical research, the thesis further assesses the self-sufficiency of sector-specific legislation as a separate regime of private law serving regulatory functions that operate independently of general contract rules. The thesis concludes by validating that self-sufficiency is actually occuring in view of the results yielded from the foregoing legal and empirical analysis and by providing a normative assessment of the transformation of private law which is taking place as a result of the shift in the focus of European private law from the failed European of civil code project to the regulation of areas beyond the core of private law.
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DE, ALMEIDA Lucila. "Integration through self-standing European private law : insights from the internal point of view to harmonization in energy market". Doctoral thesis, 2017. http://hdl.handle.net/1814/46666.
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Defence date: 23 May 2017Examining Board: Prof. Hans-W. Micklitz, European University Institute (EUI Supervisor); Prof. Stefan Grundmann, European University Institute; Prof. Daniela Caruso, Boston University; Prof. Kim Talus, University of Helsinki and University of Eastern Finland
This thesis analyses the impact of the European Integration Project on private law. While the impact of EU law on private law throughout negative integration created European Private Meta-law, and throughout positive integration evolved to European Private law, this thesis claims that EU law has recently moved a step further in regulated markets by creating selfstanding European Private law. Self-standing European Private law is a normative system of rules at supranational level in which its semantically rigid legal norms suggests the intrusion of EU law into the private order of contractual parties with minor divergences within and among national legal systems. This analytical model explains the legal phenomenon of intrusion and substitution, which is different than the phenomenon of divergence, what has so far been the main focus of legal scholars in comparative private law and approaches to Harmonization. To define and identify self-standing European private law, this thesis proposes a systematic understanding of EU law from what H.L.A. Hart conceptualizes as the Internal Point of View. It contextualizes the private law dimension of EU energy law through a discussion of primary and secondary rules and, most importantly, the linguistic framework of analytic philosophy. In so doing, this thesis claims the constitutive element of self-standing European Private law takes shapes when EU law, through governance modes of lawmaking and enforcement at the EU level, creates a set of mandatory rules applied to private relationships, of which the semantic texture of its language leaves minor space for divergent interpretation and implementation by legal official and market actors. To prove the emergence of a self-standing European Private Law, EU energy Law is the blueprint to test the claim. The thesis pursues a socio-legal investigation on how the private law dimension of EU energy law has changed over three decades of market integration and affected two key market transactions in energy markets: transmission service contracts in electricity, and natural gas supply contracts.
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LAW, Stephanie. "The CJEU as a 'laboratory' of comparative analysis : a theoretical and case-based study of the Europeanisation of private law". Doctoral thesis, 2014. http://hdl.handle.net/1814/32552.
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Defence date: 4 September 2014Examining Board: Professor Fabrizio Cafaggi, EUI (Supervisor); Professor Hans-W. Micklitz, EUI; Professor Geneviève Saumier, McGill University; Professor Carla Sieburgh, Radboud University Nijmegen
This thesis seeks to determine whether, and if so, in what form, comparative analysis constitutes a theoretical and methodological component of the Europeanisation of private law; following a review of legislative efforts at harmonisation, the thesis evaluates the CJEU as a “comparative laboratory”. It begins with an exploration of the nature of Europeanisation and integration, which highlights the significance of the political, economic and legal as well as social and cultural contexts in which these processes occur. In light of this initial analysis, from which the significance of the national foundations of private law also comes to the fore, the European space is advanced as one of commonality and diversity of legal cultures and traditions. Recognising the unlikelihood of the codification of private law, the thesis makes a plea for the recognition of a shift in the perspective of legal development, to one which acknowledges the dynamic nature of private law as it emerges within a pluralist, multi-level construct of regulation. Against this background and in light of the contextual perspective to which it gives rise, the thesis argues that comparative analysis might facilitate the development of such a perspective, particularly in light of the role of the courts, both national and European. Notwithstanding this potential, a critical assessment of contemporary comparative law reveals its theoretical and methodological poverty and illustrates the need for a developed understanding of “complex” comparison, engaging this aforementioned shift in perspective. The foundations of the evaluation of the CJEU as a “comparative laboratory” are brought to light via a socio-legal assessment of its constitution and jurisdiction; the evaluation thereafter intertwines the theoretical and case-based analyses, engaging the preliminary reference procedure as a fundamental epistemological standpoint and concretising the discourse with three case examples of CJEU jurisprudence, in which conflicts of a private law nature arise. These case analyses provide the foundations for the construction of two classifications, namely of the sources of comparison in the CJEU and of the context and purposes for which comparison is engaged, both of which illustrate the existence of comparative analysis as a tool of interpretation. A second round of evaluation advances and facilitates the understanding of the relevance of comparative analysis not only as a tool of interpretation but also as a second-order device, in respect of the CJEU’s development of its “meta-mechanisms” of Europeanisation and integration, essentially building on the analysis undertaken to ask why comparative analysis should be engaged by the Luxembourg Court.
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ENGSTRÖM, Johanna Eva Maria. "The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? : experiences of the Swedish judiciary". Doctoral thesis, 2009. http://hdl.handle.net/1814/12704.
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Author was awarded the European Public Law Group's special distinction 2010 for her PhD thesis.Defence date: 28 September 2009
Examining Board: Profs. Ulf Bernitz (External Co-Supervisor, University of Stockholm); Gráinne de Burca (Supervisor, former EUI and Fordham University); Bruno De Witte (EUI); Walter van Gerven (University of Leuven)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Through the judge-made requirements developed in its case-law, the Court of Justice has laid down obligations on national courts to provide effective judicial protection for individuals that seek to enforce Community law claims. This thesis will study the Europeanisation of national remedies and procedures that comes about in this process. I will carry out the analysis in two stages. In the first stage, I will look from a European perspective at the principle of effective judicial protection, which I will view as a Trojan horse containing the judge-made requirements, and establish what is understood by effective judicial protection. I will seek to identify more precise obligations incumbent on national courts in relation to different remedies and procedural rules. Moreover, I will seek to establish the rationale of the Court's intervention into national procedural autonomy. In particular, I will consider if the rationale is a concern to protect individual rights or whether the language of 'rights' is rather used as a legitimizing pretext for enhancing the general effectiveness of Community law and for harmonising remedies and procedures. In a second stage, the thesis will empirically study the Europeanisation of remedies and procedures at the domestic level, by looking at the Swedish judiciary's reaction to those judge-made requirements. It is only by looking at what happens when the Trojan horse unfolds in the national legal system that one can understand its role and whether the principle, in practice, achieves the intended rationales, or whether its complexity in fact hampers effective judicial protection. It will emerge that, in the Swedish context, there is a gap between European theory and national practice. In this respect, the study will highlight the role of the national legal and judicial culture in ensuring the effectiveness of Community law. Conclusions will be drawn from the empirical study on whether the Trojan horse really does serve as a functional and effective tool to achieve Europeanisation of remedies and procedures and the Court's intended rationales. I will call for clarifications, coherence and better 'judicial governance' of this complicated area of law.
Książki na temat "Civil law – european union countries – congresses"
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Pedro, Cruz Villalón, Iliopoulos-Strangas Julia i Societas Iuris Publici Europaei, red. Die neuen Europäer: Migration und Integration in Europa = The new Europeans : migration and integration in Europe = Les nouveaux européens : migration et intégration en Europe. Athens: Sakkoulas, 2009.
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Billiet, Philippe. Class arbitration in the European Union. Redaktor Association for International Arbitration. Antwerpen: Maklu, 2013.
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Geiger, Christophe. Constructing European intellectual property: Achievements and new perspectives. Cheltenham, UK: Edward Elgar, 2013.
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German-Polish Seminar on Emerging Constitutional Law of the European Union (2002 Kraków, Poland). The emerging constitutional law of the European Union: German and Polish perspectives. Berlin: Springer, 2003.
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Academic Network for Legal Studies on Immigration and Asylum Law in Europe, red. Reforming the common European asylum system: The new European refugee law. Boston: Brill Nijhoff, 2016.
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Matthias, Ruffert, red. Legitimacy in European administrative law: Reform and reconstruction. [Groningen]: Europa Law Publishing, 2011.
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José, Menéndez Agustín, i Eriksen Erik Oddvar 1955-, red. Arguing fundamental rights. Dordrecht: Springer, 2006.
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A, Winter J., T.M.C. Asser Instituut. i Asser Instituut Colloquium Europees Recht (25th : 1995 : Hague, Netherlands), red. Reforming the Treaty on European Union: The legal debate. The Hague: Kluwer Law International, 1996.
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Werro, Franz, i Thomas Probst. Le droit privé suisse face au droit communautaire européen: Questions actuelles en droit de la responsabilité civile et en droit des contrats. Berne: Stæmpfli, 2004.
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Balthasar, Alexander, i Johannes W. Pichler. Open dialogue between EU institutions and citizens: Chances and challenges : proceedings of a series of workshops on article 11 (2) TEU in Brussels 2011/2012. Wien: Publication in Austria, Neuer Wissenschaftlicher Verlag, 2013.
Znajdź pełny tekst źródłaCzęści książek na temat "Civil law – european union countries – congresses"
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Matthes, Claudia-Y. "Safeguarding Democracy and the Rule of Law by Civil Society Actors? The Case of Poland". W Palgrave Studies in European Union Politics, 263–81. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_11.
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Abstract A growing body of literature examines the EU’s reactions to illiberal trends in ECE countries. These studies predominantly focus on political instruments such as Article 7 and the Commission’s new rule of law mechanism, and there is a broad consensus on the view that these tools are too weak to combat breaches of liberal principles. This chapter therefore explores the potential of alternative strategies, namely the involvement of civil society actors in backsliding countries. By looking at the Polish case, it explores how much Polish civil society interacts with the European institutions in order to address violations of the rule of law and which strategies these actors unfold. It examines whether this cooperation may help to safeguard democracy in a bottom-up manner. The overall goal of the chapter is to investigate how much the EU’s instruments against democratic backsliding could and should be accompanied effectively by strategies aiming at collaboration with liberal forces within the backsliding member states.
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Garrido, María Amalia Blandino, i Isabel María Villar Fuentes. "Civil and Procedural Law Through the Sustainable Development Goals (SDGs): A Transversal View". W European Union and its Neighbours in a Globalized World, 45–62. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-40801-4_4.
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AbstractThe commitment and responsibility to know and implement the SDGs are universal. Indeed, public authorities and civil society are called to simultaneously be active and passive subjects, protagonists to intervene and recipients of the achievements reached with all the actions that serve any of the 17 proclaimed goals. One way of countering the slow progress is through the joint and coordinated effort of researching and teaching law in universities. With this commitment, this paper aims to analyse how international and EU legislation incorporates sustainability goals related to civil and procedural law. It is based on the consideration that the contents of civil law and procedural law comprise various institutions and regulations that materialise different SDGs. SDG 16: Peace, Justice and Strongs Institutions have a particular impact on these areas and, more specifically, the aspects that relate to several of its targets. However, the legal implications, specifically in civil and procedural law, extend to many other objectives. This is the case of SDG 1, which aims to end poverty, SDG 5, which aims to achieve gender equality and empower all women and girls or SDG 10, whose motto is to Reduce inequality within and among countries, which also impacts civil and procedural aspects. Among the civil and procedural institutions that develop these objectives, we can highlight the regulations that prevent inequalities arising from poverty in access to justice, the recognition of the legal capacity of persons with disabilities or the prohibition of child, early or forced marriages.
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Todino, Michele Domenico, Giuseppe De Simone, Simon Kidiamboko i Stefano Di Tore. "European Recommendations on Robotics and Related Issues in Education in Different Countries". W Makers at School, Educational Robotics and Innovative Learning Environments, 255–60. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77040-2_34.
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AbstractThis short paper describes the preliminary phase in an innovative line of research comparing educational robotics in Italy and other countries, from the perspective of media education, and based on the European Parliament recommendations to the Commission on civil law rules on robotics. More specifically, all decision processes that affect digital citizenship should have the support of children and teenagers. For these reasons, this paper looks at the work of a group of Italian high school students in the fifth year of upper secondary school, who formulated a SWOT analysis to highlight their attitudes to robotics issues in relation to the European Union recommendations. This research started in 2018 and will be repeated this academic year with Italian and Congolese students—from the Institut Supérieur des Techniques Appliquées—with a qualitative analysis to establish student attitudes to robotics issues. Qualitative analysis was selected because the SWOT analysis is already divided into information categories, revealing a variety of concepts that are grouped together from the collected data. These results will be compared with any obtained in future years in Italy and other countries, to find further potential patterns.
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Eliáš, Karel. "Mezi uchou a bujabézou". W Pocta prof. Josefu Bejčkovi k 70. narozeninám, 641–58. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0094-2022-29.
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The paper examines the civil law codifications in twenty-two countries of Central Eastern Europe, in the area between Germany and Russia. It analyses the reasons for the emergence of major codifications in this area, where the decisive part was played by the 1811 General Civil Code, and notes the import of the French Code civil to parts of contemporary Poland and Lithuania. It considers the period between the World Wars, when many of the renewed and newly established states attempted to make their own codifications, which were successful only in Albania and Latvia. In the following section, he points to alternative conception of lawmaking and the concept of the legal system in the Soviet Union, forced by Vyshinsky, which resulted in the doctrine of separate branches of law denying the universal function of civil law. This concept was imported into the Soviet sphere of influence won in the Second World War. From 1990 onwards, a turn took place and new tendencies have not yet ended. Of these states, half have become members of the European Union, five others have the candidate status.
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Yarkov, Vladimir. "Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects". W EU Civil Procedure Law and Third Countries. Bloomsbury Publishing Plc, 2021. http://dx.doi.org/10.5040/9781509948758.0013.
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Yarkov, Vladimir. "Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects". W EU Civil Procedure Law and Third Countries, 181–90. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748923404-181.
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Brković, Radoje. "Specific of the Civil Service System of Serbia to the Civil Service Systems of the European Union Countries". W Law in the process of globalisation, 553–64. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/lawpg.553b.
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In this paper, the author deals with the issues and challenges regarding the general state of civil service of Serbia, analysing it through the most important institutions – fulfillment of free job positions, assessment and promotion of civil servants, realisation and protection of rights of state civil servants, subordination as an element of civil service relation, conflict of interests, disciplinary responsibility, liability for damage etc. There is also a brief comparative presentation of civil service relations in Germany, Great Britain and Slovenia as other examples of civil service systems.
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Andenas, Mads. "EU Countries and the UK". W Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Brown, L. Neville, John S. Bell i Jean-Michel Galabert. "The Influence of droit administratif Outside France". W French Administrative Law, 268–87. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198765134.003.0010.
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Abstract The most outstanding contribution made by France to legal science has undoubtedly been the Civil Code of 1804, but almost as important has been the separate system of administrative jurisdiction and administrative law created by the Conseil d’Etat during the nineteenth and twentieth centuries. Most European countries follow the French practice of the double jurisdiction; even Belgium, which was strongly opposed to the French example in its constitution of 1831, has since established a separate Conseil d’Etat. The Netherlands, Luxembourg, Italy, Spain, Portugal, and Greece1 all have separate administrative courts administering principles of administrative law not far removed from those of the droit administratif. In this chapter, therefore, it is proposed briefly to outline the systems in the European Communities, namely, Belgium, the Netherlands, Italy, Germany, and Greece, and then to discuss what may well in time become the most important French export of all, the procedure and law of the Court of Justice of the European Communities at Luxembourg, the title retained by the Court even after the Maastricht Treaty (1992) adopted the label ‘European Union’ in place of ‘European Communities’.
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McClean, David. "Judicial Cooperation: Resolving the Differing Approaches". W Diversity and Integration in Private International Law, 128–43. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474447850.003.0009.
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This chapter looks at two aspects of international judicial co-operation: service of process abroad and the taking evidence abroad. Common law and civil law traditions have very different approaches. Common law countries see both as matters for the parties, with only limited assistance from State authorities. Civil law countries see them as matters for State action and see direct action by agents of the parties as an interference with their judicial sovereignty. The approaches have been successfully reconciled in two Hague Conventions and two European Union Regulations which build on the experience under the Hague instruments. The developments have seen as move from slow and very formal procedures to more informal approaches, direct contact between actors in the two States replacing elaborate procedures involving both courts and diplomatic personnel. More recently this new approach has expressed itself in the creation of judicial networks and liaison magistrates, with direct communication between judges in different States.
Streszczenia konferencji na temat "Civil law – european union countries – congresses"
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Saule, Murat. "PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION: COMPARATIVE LEGAL ANALYSIS". W 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Bublienė, Raimonda. "Internationalization and Multiple Discrimination: the Case of Employment Regulation". W Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.
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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic". W The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Trinkūnienė, Eva, i Tatajana Viškelienė. "PROTECTION OF CREDITORS' INTERESTS IN AN EXTRAJUDICIAL DISSOLUTION". W 13th International Scientific Conference „Business and Management 2023“. Vilnius Gediminas Technical University, 2023. http://dx.doi.org/10.3846/bm.2023.1043.
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Modern society increasingly adopts the products of companies, institutions, and organizations that provide credit services in order to meet its needs and improve general quality of life, as a result of which, when terminating a marriage, questions of a mandatory nature often arise, related to the determination of the nature of the obligations of the spouses and their division between the spouses, hence in divorce cases it is not uncommon for a third party to appear – a creditor whose interests must also be protected. In family relations cases, the protection of the public interest dominates, because the protection of the legal interests of the spouses as well as the creditors must be guaranteed, also the proportionality of the protection of the legal interests protected by the law between the parties has to be achieved, because everyone has the right to defend their violated rights, and the state must ensure the protection of these legal interests. The article discusses the protection of creditors in the divorce process in the countries of the European Union, Estonia, Latvia, Slovenia, Luxembourg, in which legal systems the possibility of ending a marriage out of court exists, also the assumptions made in the national legal acts and their application practice, ensuring the protection of creditors and distinguishing its implementation problematic aspects in the civil process, are assessed, as well as the analysis of the Republic of Lithuania’s 2023 January 1 amendments to the Civil Code related to divorce outside of court entered into force is performed.
Raporty organizacyjne na temat "Civil law – european union countries – congresses"
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Ördögh, Tibor. Rule of Law in the Western Balkans. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.67.
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Rule of law is a much-debated concept today, and it is one of the fundamental pillars of any democratic system. When it comes to the countries of the Western Balkans striving to become members of the European Union, it is important to look at the characteristics they have in this respect, and to what extent they meet the criteria for becoming a member state. Due to their particular way of development, there are different de facto political systems functioning within the region, which is an obstacle that also stands in the way of rule of law. This study presents those aspects of the rule of law that clearly demonstrate falling behind other political systems. An independent judiciary, civil liberties, media pluralism, and corruption are all factors that require reform in the examined countries. It may be wise to try and point out the shortcomings of the system along the lines of these aspects.