Non-Discrimination and the Many Faces of Private Law in the Union – Some Thoughts After the “Test-Achats” Judgment

2011 ◽  
Vol 2 (2) ◽  
pp. 283-290 ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Ethnic Origin ◽  
Employment Law ◽  
Time Span ◽  
Insurance Market ◽  
Private Law ◽  
Party Autonomy ◽  
The Many ◽  
Prior Decision ◽  
Legal Consequences ◽  
The Eu

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).

Season 3: Product Governance. Rethinking Retail Customer Protection in the EU Insurance Market

Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Lydia Velliscig
Keyword(s):  
Insurance Market ◽  
Business Rules ◽  
Best Interest ◽  
Convergence Of Solutions ◽  
New Frontier ◽  
Disclosure Of Information ◽  
The Law ◽  
The Eu

AbstractThe regulation of all traditional branches - banking, securities and insurance - of financial law is going through a change in retail customer protection: in this area of the law, an eventual convergence of solutions in client protection initiatives may be found. In a context oriented towards acting in accordance with the best interest of customers, EU legislator currently seeks a new “frontier” in the protection of retail customers and tends to develop new tools and strategies in addition to the disclosure of information and conduct of business rules, in order to remove potentially detrimental products from the market. This contribution examines the “product oversight and governance” principle intended to remedy problems associated with products misselling. In the details, this trend is analyzed with reference to the upcoming insurance distribution directive.

scholarly journals The Relative Success of WTO Dispute Settlement and What Planet Would the EU Investment Court System Be On? A Rejoinder to AJIL Unbound Comments

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 316-318
Author(s):  
Joost Pauwelyn
Keyword(s):  
World Trade ◽  
Public Perception ◽  
Dispute Settlement ◽  
Decision Makers ◽  
The Other ◽  
Court System ◽  
Wto Dispute Settlement ◽  
The Many ◽  
Better Than ◽  
The Eu

I am extremely grateful, and humbled, by the wealth of comments received on my AJIL article through this AJIL Unbound Symposium. One of the many points I take away from these reactions is, indeed, that my analysis offers a snapshot and that many of the critiques now leveled against Investor-State Dispute Settlement (ISDS) are, in Catherine Rogers’s words, “effectively recycled versions of criticisms that were originally leveled against the WTO and its decision-makers.” (Freya Baetens makes a similar point.)In this rejoinder, I would only like to make two points. Firstly, many commentators seem to think that in this article I took the normative position that World Trade Organization (WTO) dispute settlement is “better” than ISDS. Although I did point to the current discrepancy in public perception of the respective regimes, I purposefully avoided expressing any personal, normative position on one being “better” than the other (but apparently not explicitly enough).

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

scholarly journals Should New Zealand Shirk Its Obligations? A Critical Perspective on Private Law Scholarship

2016 ◽  
Vol 47 (3) ◽  
pp. 429
Author(s):  
Bevan Marten ◽  
Geoff McLay
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
Coherent System ◽  
Private Law ◽  
Compensation Scheme ◽  
Critical Perspective ◽  
Policy Makers ◽  
Party Autonomy ◽  
Accident Compensation

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.

scholarly journals Mediator jako zawód włączony w ustrój sądów powszechnych – praktyka zmian dotyczących mediacji cywilnej

2018 ◽  
Vol 27 (3) ◽  
pp. 129
Author(s):  
Anna Kalisz
Keyword(s):  
Civil Procedure ◽  
Significant Part ◽  
Social Knowledge ◽  
Private Law ◽  
Western Countries ◽  
Civil Proceedings ◽  
The Social ◽  
Eu Directives ◽  
The Eu ◽  
Commercial Disputes

<p>The article is an attempt to examine the results of the amendments, which have been introduced to civil procedure and to mediation law since the 1<sup>st</sup> January 2016. Mediation corresponds with the nature of private law and in many other Western countries it has become a significant part of justice in civil, commercial and family matters. The examined updating was meant to: raise the social knowledge and recognition of mediation; increase the number of mediations conducted; motivate lawyers to apply it as a solution for legal disputes; raise the standards of professional court mediators and – last but not least – shorten the length of the civil proceedings. Most of the changes have been inspired by the EU directives on commercial disputes.</p>

The Ratifications

2020 ◽  
pp. 83-104
Author(s):  
Paul Craig
Keyword(s):  
International Level ◽  
Legal Perspective ◽  
The Uk ◽  
Domestic Law ◽  
Legal Consequences ◽  
The Eu

This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.

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