European Court of Justice Upholds German Electricity Pricing Scheme

2001 ◽  
Vol 2 (7) ◽  
Keyword(s):  
Renewable Resources ◽  
German Law ◽  
European Court Of Justice ◽  
Electricity Pricing ◽  
Federal Law ◽  
German Government ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Pricing Scheme

A German law known as the Stromeinspeisungsgesetz (Law on feeding electricity from renewable resources into the public grid) requires producers of electricity to purchase (at a fixed, minimum price) and pass along to electricity distributors energy produced from renewable resources in the producer's area of service. (Bundesgesetzblatt (BGBl. [Register of German Federal Law] 1990 I, p. 2633). As required by Article 88 of the Consolidated EC Treaty, the German government notified the Commission of the European Communities of the law's state aid provisions in 1990, and received authorization for those provisions from the Commission. The Commission concluded that the law was consistent with the energy policy aims of the European Communities and that its impact on the industry would be slight.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

scholarly journals Some changes in the field of civil law

2006 ◽  
Vol 78 (9) ◽  
pp. 395-412
Author(s):  
Dušan Nikolić
Keyword(s):  
Separation Of Powers ◽  
Civil Law ◽  
Social Value ◽  
European Court Of Justice ◽  
The Other ◽  
The European Union ◽  
The Public ◽  
Public Benefit ◽  
Court Of Justice ◽  
European Court

In the first part of the paper, the author has outlined some changes that have happened in the field of civil law during the history, and in the second part of the paper, the author has paid attention to the modern trends, produced by the process of globalization. By analyzing certain sectors, the author has come to the conclusion that ownership title and public office are being slightly shifted from state to non-state authorities. On the other hand, this trend of the global (re)privatization has contributed to the change of attitude toward the title. The owner is expected to ewoy his title both for his own and for the public benefit. One of the most recent judgments of the European Court of Justice speaks in favor of this and it has been mentioned in this paper. This judgment supports the view that the property is not absolute and that it has a social value. The special attention is paid to the so called new institutionalism and need to question the concept of separation of powers within the European Union.

Criminal Jurisdiction, the Public Dimension to ‘Effective Protection’ and the Construction of Community-Citizen Relations

2001 ◽  
Vol 4 ◽  
pp. 25-46
Author(s):  
Estella Baker
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
European Court Of Justice ◽  
Effective Protection ◽  
The Public ◽  
Community Law ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Justice Systems ◽  
Law And Justice

In a series of decisions the European Court of Justice [‘the Court’] has ruled that Member States must deploy their law enforcement authorities, including their criminal justice systems, so as to safeguard Community interests from threat or damage. These rulings have received attention from commentators because, amongst other things, they make it explicit that Community law has a tangible impact on matters of criminal law and justice notwithstanding the absence of a criminal legal base in the Community Treaty.

scholarly journals Editorial

2006 ◽  
Vol 2 (2) ◽  
pp. 179-182
Author(s):  
Keyword(s):  
Criminal Procedure ◽  
European Court Of Justice ◽  
The Public ◽  
Framework Decision ◽  
Criminal Sanctions ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

COURT, MEET THY PUBLICThe public stir caused by recent rulings of the European Court of Justice opens a new window on the EU judiciary's condition and especially on its relations with the public. In the Pupino judgment, the Court ordered Italian colleagues to align domestic rules of criminal procedure with the EU ones by way of construction, whenever possible. The Environmental Framework decision ruling was about a legislative act meant to have states protect the environment by the use of criminal sanctions.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (2) ◽  
pp. 253-286
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

Zusammenfassung Der Bericht informiert in zwei Teilen über den Entwicklungsstand des Rechts der vorhabenbezogenen Fachplanung und betrifft damit namentlich die Planung und Zulassung raumbeanspruchender Infrastrukturvorhaben wie Verkehrswege und Energieleitungen. Hierfür sieht das deutsche Verwaltungsrecht das spezifische Instrument der Planfeststellung vor. Das Bundesverwaltungsgericht verfügt in diesem Zusammenhang über eine weitreichende erstinstanzliche Zuständigkeit und prägt mittels dieser weite Teile des deutschen Zulassungsrechts, auch über den eigentlichen Bereich des Planfeststellungsrechts hinaus, sei es bezüglich des Rechtsschutzes und des Verfahrens, insbesondere der Umweltverträglichkeitsprüfung, sei es bezüglich der Anforderungen des materiellen Umweltrechts. Die durch Entscheidungen des Aarhus Compliance Committee und des Europäischen Gerichtshofs induzierte Überarbeitung des Rechts des Umweltrechtsschutzes hat der deutsche Gesetzgeber andererseits zum Anlass genommen, verfahrensrechtliche Spezifika der Planfeststellung auf andere umweltrelevante Zulassungsentscheidungen zu erstrecken. Hierdurch deuten sich erstens Konturen eines allgemeinen Vorhabenzulassungsrechts an und wird zweitens die Eigenart der Planfeststellung als Instrument zur Durchsetzung von Vorhaben im öffentlichen Interesse stärker akzentuiert. Abstract The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

Criminal Jurisdiction, the Public Dimension to ‘Effective Protection’ and the Construction of Community-Citizen Relations

2001 ◽  
Vol 4 ◽  
pp. 25-46
Author(s):  
Estella Baker
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
European Court Of Justice ◽  
Effective Protection ◽  
The Public ◽  
Community Law ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Justice Systems ◽  
Law And Justice

In a series of decisions the European Court of Justice [‘the Court’] has ruled that Member States must deploy their law enforcement authorities, including their criminal justice systems, so as to safeguard Community interests from threat or damage. These rulings have received attention from commentators because, amongst other things, they make it explicit that Community law has a tangible impact on matters of criminal law and justice notwithstanding the absence of a criminal legal base in the Community Treaty.

scholarly journals Problems affecting the effectiveness of the court authorities in Ukraine and the ways to solve them

2020 ◽  
pp. 135-140
Author(s):  
A.M. Kulish ◽  
Y.S. Sitalo
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
European Court Of Justice ◽  
Main Task ◽  
Court Decisions ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Insufficient Number

The article deals with the main problems affecting the efficiency of the judiciary in Ukraine. The importance of studying this issue is proved in the paper, since justice in Ukraine is exercised exclusively by the courts, and therefore the efficiency of the judicial bodies is one of the factors for the proper fulfillment by the courts of their main task. The main reasons for inefficiency of the judicial bodies in Ukraine are listed and characterized, among them: dependence and influence on judges by the authorities, insufficient funding of the judicial authorities as a whole, overload of courts and insufficient number of judges, inefficiency of the mechanism of enforcement of judgments. The legislation that regulates this issue is analyzed and emphasis is placed on its imperfection in regulating, securing and improving the efficiency of the judiciary in Ukraine. The statistics of the European Court of Human Rights concerning Ukraine have been examined and it is stated that it is one of the leaders among the states against which this Court is considering cases. The decision of the European Court of Justice against Ukraine is analyzed and the most common ones are determined. The factors that influence the work of the judiciary are identified. The extent of influence on the judicial system both by public authorities and their officials and by the public has been investigated. The problem of insufficient financing of the needs of the judicial system is described, and its severity is emphasized. The problem of court overload has been highlighted, its main causes and consequences have been identified and found to be related to the lack of judges. An analysis of the issue of enforcement of court decisions was made, as well as its relevance and the need for a speedy solution. After analyzing and investigating all the above problems, the ways to solve them were suggested, and the conclusion of the study was made, which stated the relevance of these issues, the main problematic issues of the judiciary and emphasized the necessity of their comprehensive and deeper study in order to be further reformed and overcome.

The Vires Defence—“Ultra Vires” as a Defence to Criminal or Civil Proceedings

1992 ◽  
Vol 51 (2) ◽  
pp. 308-348
Author(s):  
Carl Emery
Keyword(s):  
Public Authority ◽  
European Court Of Justice ◽  
Criminal Offence ◽  
The Public ◽  
Community Law ◽  
Court Of Justice ◽  
European Court ◽  
Civil Proceedings ◽  
The Uk

Defendants to criminal or civil proceedings will often seek to escape liability by showing that a public authority has acted ultra vires. For example, a person prosecuted for infringing a byelaw or breaking a licence condition may seek to advance the defence that the byelaw or condition is ultra vires the public authority which made or imposed it. Again, a person sued in debt by a public authority may seek to raise the defence that no money is due because the authority acted ultra vires in imposing the charge which it is now suing to recover. Nowadays, too, the European Court of Justice may hold in effect that an Act of Parliament is contrary to Community law and so should not be applied by UK courts. A person prosecuted, say in a magistrates' court, for a criminal offence created by a statute which is or may be contrary to Community law may seek to persuade the justices to “disapply” the statute—virtually, in the case of a post-Accession statute, to treat it as ultra vires the UK Parliament—and so to acquit him.

scholarly journals PROBLEMATICS OF AMENDMENTS MADE IN TENDER DOCUMENTS IN PUBLIC PROCUREMENT – THE PERSPECTIVE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

2020 ◽  
pp. 164-183
Author(s):  
Una Skrastina ◽  
Dzeina Gaile
Keyword(s):  
European Union ◽  
Analytical Method ◽  
Public Procurement ◽  
European Court Of Justice ◽  
The European Union ◽  
Legal Principles ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Made In

During the procurement process, it is often found that the tenders submitted are deficient, for example, required documents are not submitted. Given the amount of information to be provided, the types of errors are different and can apply to the qualification of the tenderer, its technical or financial tender and other aspects. In each of these situation procurement commission must evaluate whether it is possible to correct the error or the tender should be rejected. The Public Procurement Law does not contain very detailed and clear regulation on this situation. Therefore decisions of contracting authorities are often challenged and found to be unfounded. It justifies the topicality of the study. The aim of the study is to summarize and analyze the findings of the European Court of Justice to determine what legal principles and considerations have to be taken into account in such situations and to make recommendations for further action in Latvia. Research methods used are descriptive, comparative and analytical method. The study will result in suggestions as to what conditions should be considered when assessing the possibility of corrections of the tender.

11. Standing: litigation and the public interest

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Judicial Review ◽  
European Court Of Justice ◽  
Judicial Process ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Human Rights Act

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not assert a right to a remedy, but must have a ‘sufficient interest’ in the matter. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing before the European Court of Justice, standing for public authorities, and standing to intervene.

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