Part II Legal Foundations, 5 The General Framework of the Abuse Tests in EU Law

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
General Framework ◽  
Causal Link ◽  
Eu Law ◽  
Competitive Effects ◽  
Legal Foundations ◽  
Integral Element

This chapter assesses the key principles of the abuse test under Article 102. Article 102 envisages a causal link between dominance and abuse. The causal link must be established between dominance and competitive harm. Therefore, dominance must be an integral part of the assessment of competitive harm. Since the abuse tests under Article 102 rely on anti-competitive effects to presume competitive harm, this requirement means that dominance must be an integral element of the assessment of anti-competitive effects. Proof of the causal link between dominance and anti-competitive effects is particularly important in multi-market abuses where it is necessary to prove that dominance gives the undertaking in question either the ability or the incentive to harm competition by engaging in abusive conduct or causing anti-competitive effects on market on which it is not dominant.

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.

Disclosure rules in eu public procurement: Balancing between competition and transparency

2017 ◽  
Vol 16 (4) ◽  
pp. 528-553 ◽  
Author(s):  
Kirsi-Maria Halonen
Keyword(s):  
Public Procurement ◽  
Eu Law ◽  
Member States ◽  
Competitive Effects ◽  
Eu Member States ◽  
Legal Remedies ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Procurement Procedure ◽  
The Eu

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.

The EU Law of Economic and Monetary Union

2020 ◽  
Keyword(s):  
Monetary Union ◽  
Banking Regulation ◽  
Legal Framework ◽  
Monetary Integration ◽  
Economic And Monetary Union ◽  
Eu Law ◽  
Legal Provisions ◽  
Legal Foundations ◽  
Relationship Of ◽  
The Eu

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.

The Private Law Effect of MiFID: the Genil Case and Beyond

2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Danny Busch
Keyword(s):  
Causal Link ◽  
Private Law ◽  
Eu Law ◽  
Member States ◽  
Civil Courts

AbstractThis article examines to what extent the civil courts are bound by MiFID I/MiFID II under EU law. The following questions are considered in this context: (1) May civil courts be less strict than MiFID I/MiFID II? (2) May civil courts be stricter than MiFID I/MiFID II? (3) May contracting parties be less strict than MiFID I/MiFID II? (4) May contracting parties be stricter than MiFID I/MiFID II? (5) What effect does MiFID I/MiFID II have on the requirement of proximity or relativity in the Member States where this is a requirement for liability in tort? (6) What effect does MiFID I/MiFID II have on the proof of causal link? (7) What is the influence of MiFID I/MiFID II on a contractual limitation or exclusion of liability? (8) Should civil courts apply MiFID I/MiFID II of their own motion?

Essentials of EU Law

2012 ◽  
Author(s):  
August Reinisch
Keyword(s):  
Eu Law

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Sign in / Sign up

Export Citation Format

Share Document