scholarly journals Social values and public procurement in health: can ‘smart’ procurement enhance justice in health?

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
V Mezeiova
Keyword(s):  
Case Law ◽  
Social Aspect ◽  
Health It ◽  
Health Governance ◽  
Ethics And Economics ◽  
Economics Of Health ◽  
Effectiveness And Efficiency ◽  
Health Justice ◽  
The Impact ◽  
The Eu

Abstract Governments spend 29% of total expenditure on procurement while the second largest area is health. However, the important question is what the impact of these expenditures on health is. Can one buy health justice through procurement? In order to answer this issue, the study firstly analyses theory of global health governance to substantiate whether procurement is a health governance tool whose efficiency and effectiveness determines health outcomes. Secondly, health as a social aspect is scrutinised because its governance and procurement have to be driven by a normative value. Within the study, health justice is justified to be such a value as it is a significant public health factor in practice. Following this normative claim, the study uses analysis of legislation, case law and examples from procurement practice to show whether procurement law can enhance health justice. In terms of methodology, the study establishes a normative framework of governance in health, health justice and procurement. On that basis, it distinguishes procurement categories (procurement of health, and procurement for health) and concludes what it is in procurement that health justice is transformed into. In order to answer the core research question, the study analyses harmonised transnational EU legislation, policy, case law of the CJEU, and examples from practice through stages of supply framework - at input, output and outcome. The study leads to a conclusion that procurement serves as a tool of governance in health. In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on the argument of ethics and economics of health. Health inequalities are an operationalized factor to reach this. The EU procurement law enables to consider health justice. However, it is restricted by the requirement of proportionality. Therefore, health justice is perceived as distortion, rather than a goal of competition to be enhanced. Key messages In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on argument of ethics and economics of health. The EU procurement law enables to consider health justice. However, it is rather perceived as distortion, than a goal of competition to be enhanced.

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

The Impact of the Court of Justice of the European Union on the Georgian Legal System

2020 ◽  
pp. 241-262
Author(s):  
Gaga Gabrichidze
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Policy ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
The Eu

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.

1. Introduction to the study of contract law

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Bargaining Power ◽  
Case Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
The Everyday ◽  
The Impact ◽  
The Eu

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU.

Where Next After Coman?

2019 ◽  
Vol 21 (1) ◽  
pp. 117-139
Author(s):  
Amanda Spalding
Keyword(s):  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Current Position ◽  
Court Of Justice ◽  
Form Part ◽  
Recent Developments ◽  
Definition Of ◽  
The Impact ◽  
The Eu

Abstract This article considers the impact of the recent judgment of the Court of Justice of the European Union in Case C-673/16 Coman and Others in which same-sex marriages where found to fall under the definition of ‘spouse’ in the Citizenship Directive. In light of recent societal and case law developments in Europe it is possible that Coman may come to be an important foundational case which will form part of the groundwork for the CJEU to advance the rights of unmarried couples in the EU migration context. This article examines the current position of unmarried couples (including registered or civil partners) under EU migration legislation as well as recent developments under the European Convention of Human Rights to argue that there are clear indications that EU migration laws need to be adapted to better suit a wider range of relationships than marriage.

scholarly journals Framework Decision 2008/909/JHA on the transfer of prisoners in the EU: Advances and challenges in light of the Italian experience

2019 ◽  
Vol 11 (1) ◽  
pp. 69-92
Author(s):  
Stefano Montaldo
Keyword(s):  
Case Law ◽  
Executive Power ◽  
The European Union ◽  
Test Bed ◽  
Framework Decision ◽  
Italian Experience ◽  
Italian Case ◽  
The Impact ◽  
The Eu

The article addresses the implementation of Framework Decision 2008/909/JHA on the transfer of prisoners in the European Union (EU) and discusses its advances and shortcomings from a twofold perspective: the general features and objectives underpinning the Framework Decision and how these theoretical premises have been put into practice by domestic authorities. First, the article discusses the state of the art of the implementation of this mechanism in Italy and provides relevant data. Second, it addresses the main strategies enacted in Italy by the judiciary, the legislature and the executive power to maximise the impact of the national implementing laws. The analysis demonstrates that these efforts are mainly intended to dispose of unwanted EU citizens and to cope with prison overcrowding, thereby marking a clear departure from the rationale of the Framework Decision. Third, the article focuses on the recurring challenges regarding horizontal cooperation between domestic judicial authorities, with a specific focus on the division of competences between the issuing and the executing authorities in light of the EU and the Italian case law. The article supports the view that the Italian case study can represent a test bed for future quantitative and qualitative improvements in the implementation of this Framework Decision at the EU level.

scholarly journals The Compatibility of Motor Vehicle Insurance Law between the UK and EU

2020 ◽  
Author(s):  
◽  
Hasan Alissa
Keyword(s):  
Motor Vehicle ◽  
Road Traffic ◽  
Case Law ◽  
Third Party ◽  
Insurance Law ◽  
The Road ◽  
The Uk ◽  
Motor Vehicle Insurance ◽  
The Impact ◽  
The Eu

This thesis examines the EU and UK regulation in respect of motor insurance law, including the Motor Vehicle Insurance Directives (MVID), the Road Traffic Acts 1930 and 1988, the Uninsured Drivers’ Agreements and the Untraced Drivers’ Agreements. It provides a critical assessment of the compatibility of national laws with their EU source/parent laws – in both the substantive elements of the laws and the administrative and procedural rules under which they operate, and, given the significance of the UK’s withdrawal from the EU, the impact of Brexit is considered. The study will ably demonstrate the deficiencies in the UK’s transposition of the law and will argue, given the supporting case law and the underlying rationale for the development of the Directives – the free movement principles of people and goods, that an rationale can be presented that the offending aspects of the national law should be disapplied. It is this aspect of the work which is unique and offers a consistent and certain future for motor vehicle insurance law and the rights of third-party victims in the UK.

scholarly journals DEVELOPMENT OF CEFTA 2006 – MINI SCHENGEN -ECONOMICS VERSUS POLITICS

2020 ◽  
Author(s):  
Dijana Grahovac ◽  
◽  
Senad Softić ◽  
Keyword(s):  
Economic Benefits ◽  
Western Balkans ◽  
Member States ◽  
Goods And Services ◽  
Statistical Program ◽  
Effectiveness And Efficiency ◽  
The Impact ◽  
Potential Member ◽  
Cross Border Cooperation ◽  
The Eu

The effectiveness and efficiency of CEFTA 2006, even after almost a decade and a half, are far from utilising the potential. Member States act more as competitors than as partners, manifested by a significant number of formal and informal non-tariff barriers. There is no true will to fully exploit the potential offered by the free trade zone. This is also reflected in the low utilisation of financial resources envisaged for joint cross-border cooperation projects of IPA I and IPA II funds. All countries focus their international exchanges through trade with the EU, and intra-CEFTA trade is focused only on exports. The EU is making efforts to connect more tightly countries by supporting mini-Schengen project for Western Balkans. The paper will try to answer the questions: what economic benefits can the mentioned model bring and is politics a significant obstruction? The comparative regression analysis of the impact of the exchange of goods and services on the economic development of the member states for CEFTA 1992 and CEFTA 2006 will be presented in the paper. The analysis will be done by using the SPSS statistical program.

scholarly journals The standstill clause mechanism on the example of the tax on civil law transactions as applied to capital contributions

2016 ◽  
Vol 1 (3) ◽  
pp. 61-78
Author(s):  
Kacper Kanka
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Tax Law ◽  
Eu Law ◽  
National Legislation ◽  
The Impact ◽  
The Eu

Abstract This article contains general characteristics of both the standstill clause, in particular its objectives and functions regarding tax law, as well as a description of the mechanism of its application. At the end, the article contains proposals for both the direct subject of this work and the impact of the case law of the ECJ on the interpretation and application of the EU law and national legislation which implements this law. As stated in the article, proper application of the standstill clause should be preceded by a thorough analysis of the EU law, national provisions and case law of the ECJ. In the article, in order to ensure the transparency of the process, a test has been proposed the results of which should indicate whether the national provisions constitute the so-called permitted derogation. Current rules relating to Polish tax on civil law transactions are partially incompatible with EU rules - they do not constitute a permitted derogation and should not be used.

Renewable-Energy Support Schemes in the Case Law of the Court of Justice of the eu: Tensions Between Trade and Climate Objectives

Climate Law ◽  
2016 ◽  
Vol 6 (3-4) ◽  
pp. 264-278
Author(s):  
Eirini Tsifopoulou
Keyword(s):  
Renewable Energy ◽  
Market Integration ◽  
Case Law ◽  
Potential Conflict ◽  
Court Of Justice ◽  
Promotion Policies ◽  
Recent Developments ◽  
Free Movement Of Goods ◽  
The Impact ◽  
The Eu

This article discusses the application of eu law by the Court of Justice of the eu to the renewable-energy promotion policies. The key question in the case law is whether national policies designed to promote locally produced renewable energy are consistent with eu law, and specifically with the principle of the free movement of goods. The article analyses the recent Ålands Vindkraft and Essent Belgium cases, focusing on the interaction and potential conflict between trade objectives and the objective of promoting renewable energy. It is argued that the Court has consistently accommodated national support policies with competing trade objectives while emphasizing the need for proportionality in restrictions on trade. The article also discusses the impact of the Court’s rulings on eu renewables policies against the backdrop of recent developments towards increased market integration of renewable energy.

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