EU Law and UK Law

2020 ◽  
pp. 310-318
Author(s):  
Paul Craig
Keyword(s):  
Comparative Study ◽  
General Principle ◽  
Case Law ◽  
Public Authority ◽  
Basic Principles ◽  
The Common ◽  
The Difference ◽  
The Uk ◽  
Principle Of Liability ◽  
The Eu

This chapter compares the respective answers of the English and EU systems of administrative liability within a wider comparative study. It focuses on their common and distinctive traits. It does so, first, with regard to the constitutional provisions concerning government liability and its connections with judicial review of administration. It points out, in particular, the different meaning and significance of fault. Next, the chapter turns to the answers given to the hypothetical cases on which the ‘common core’ method is based. As a preliminary remark, it sheds light on the particularities of the EU administration. It then looks at basic principles. It shows that, in relation to procedural fairness, the similarity outweighs the difference between the UK and the EU, while, on substantive grounds, the latter has a general principle of liability, unlike the former. A more detailed analysis also shows that the case law of EU courts has provided increased certainty in respect to the breach of procedural constraints on exercises of administrative power. In the UK, a public authority must owe a duty of care to the claimant to be held liable, and the conditions for an action to be successful are more difficult to satisfy than where the same action is pursued between private individuals.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

scholarly journals Comparison of agricultural subsidies in the Czech Republic and in the selected states of the European Union

2009 ◽  
Vol 55 (No. 11) ◽  
pp. 519-533 ◽  
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová
Keyword(s):  
Czech Republic ◽  
Life Quality ◽  
The European Union ◽  
Agricultural Subsidies ◽  
The Czech Republic ◽  
Subsidy Rate ◽  
European Heritage ◽  
The Common ◽  
The Difference ◽  
The Eu

The Common Agricultural Policy has been implemented in order to guarantee the appropriate life quality for farmers and to preserve the European heritage. Costs of its realization amounted to 40% of the EU budget. The EU has not established the same conditions for all member states. The aim of the paper is to assess the influence of agricultural subsidies and the structure of production on the incomes of agricultural holdings and their comparison with the largest producers in the EU with similar production structure. The shift-share analysis is used. Different amount of subsidies according to the type of farming together with increasing subsidy rate may influence the type of farming. Therefore, it may cause a paradox that the structure of subsidies according to the type of farming will stimulate products that are currently suppressed. The difference in subsidies in comparison with the largest producers with a similar structure of agricultural production is significant for the Czech Republic and it is possible to compare it to the increase of the SAPS by 75%.

Emerging Patterns in the Judicial Determination of FRAND Rates: Comparable Agreements and the Top-Down Approach for FRAND Royalties Determination

2020 ◽  
Vol 69 (9) ◽  
pp. 885-892
Author(s):  
Haris Tsilikas
Keyword(s):  
Case Law ◽  
The Past ◽  
The Us ◽  
Emerging Patterns ◽  
Common Thread ◽  
The Common ◽  
Practical Guidance ◽  
Licensing Agreements ◽  
The Eu

Abstract The massive adoption of wireless technologies over the past decades has also brought about disputes regarding the interpretation of FRAND in the context of actual commercial relations. Courts in several jurisdictions worldwide ‒ in the EU, the US, China, India and Korea, among others ‒ have been called upon to flesh out FRAND terms or to assess conformity with FRAND principles. This body of case law provides rich insights into the workings of the markets for standards, but also practical guidance for parties as well as policymakers seeking a better understanding of the situation ‒ business and legal ‒ on the ground. The present article outlines some of the emerging patterns in SEP litigation worldwide, focusing on the judicial determination of FRAND rates. The common thread across jurisdictions regarding FRAND-rate determination is reliance on evidence and data in comparable licensing agreements. It is argued that comparable licensing agreements, i.e. licensing agreements signed with similarly situated parties, provide for the most reliable evidence on how markets price standardised technologies and SEPs.

Genetics: the centre of science

1966 ◽  
Vol 164 (995) ◽  
pp. 154-166 ◽  
Keyword(s):  
General Principle ◽  
Pollen Parent ◽  
Seed Parent ◽  
Crossing Experiments ◽  
Basic Principles ◽  
Isaac Newton ◽  
Large Numbers ◽  
The Difference

It is not often possible to pinpoint the origin of a whole new branch of science accurately in time and place, because, as Isaac Newton said, there are usually so many precursors on whose shoulders the successor stands and is thereby able to see further than they. But genetics is an exception, for it owes its origin to one man, Gregor Johann Mendel, who expounded its basic principles at Brno on 8 February and 8 March 1865. If a precursor is a man who, at an earlier date, makes a discovery which his successor is able to expand into a general principle of universal validity, Mendel had no precursors. There were not wanting breeders who hybridized plants: Joseph Gottlieb Koelreuter, Carl Friedrich von Gaertner, and William Herbert, to mention only the chief names, but what they were studying was not really basic genetics at all. They wanted to know if sterility in a hybrid is the fault of the pollen-parent or the seed-parent, whether either parent could be held responsible for the characters of different specified regions of the plant, or which had prepotency over the characters of the hybrid. The parent races that they chose for their crossing experiments were either different species, or varieties differing in large numbers of characters, and the results which they obtained were chaotic, inconstant, and contradictory, and led to no general principles at all. This was the difference between previous attempts to study heredity, and the Mendelian revolution that resulted in genetics.

The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable?

2013 ◽  
Vol 15 ◽  
pp. 227-254
Author(s):  
Alexander Kornezov
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Judicial Control ◽  
European Arrest Warrant ◽  
Common European Asylum System ◽  
Core Elements ◽  
Recognition And Enforcement ◽  
The Common ◽  
The Eu

AbstractEven though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and the European Arrest Warrant. It then puts forward a number of solutions which could be included either in the accession agreement itself or in the post-accession case law of the ECtHR and which allow not only for the preservation of the coherence and integrity of the AFSJ but also for external judicial control on human rights matters in the AFSJ.

The Court of Justice of the EU and the Common European Asylum System: Entering the Third Phase of Harmonisation?

2010 ◽  
Vol 12 ◽  
pp. 53-71
Author(s):  
Samuel Boutruche Zarevac
Keyword(s):  
Case Law ◽  
Third Party ◽  
Third Phase ◽  
Court Of Justice ◽  
Common European Asylum System ◽  
Special Expertise ◽  
The Common ◽  
Fundamental Values ◽  
The Eu

Abstract ‘That assessment of the extent of the risk [of persecution] must, in all cases, be carried out with vigilance and care, since what are at issue are issues relating to the integrity of the person and to individual liberties, issues which relate to the fundamental values of the Union.’ The case law of the Court of Justice of the EU concerning the Common European Asylum System (CEAS) is still limited. Nonetheless, even this limited case law already offers interesting insights into analysing the potential role of the Court of Justice of the EU in the development of the CEAS, and this jurisprudence is in any event likely to grow significantly, due to the fact that the provisions of the CEAS are the result of a political compromise and so lack clarity. This chapter examines the ruling delivered by the Court in the case of Elgafaji, which contains certain elements which address the interpretative difficulties raised by Article 15(c) of the Qualification Directive, and goes on to consider, through a discussion of the recent ruling in Abdulla, the extent to which the Court’s interpretation of those provisions of the CEAS which replicate the wording of the 1951 Convention will influence the interpretation of this international instrument, and the difficulties presented in this context. The extent of this influence remains to be seen, but it is clear in any event that the Court of Justice is likely to play a major role in the development of the CEAS. One amendment which may prove necessary is the modification of the Court of Justice’s procedural rules such that it can take into account the views of third-party organisations with a special expertise in this field.

scholarly journals THEMATIC PROGRESSION IN JAKARTA POST AND ‘KOMPAS’ NEWSPAPER EDITORIALS: A COMPARATIVE STUDY ON TEXT COHERENCE STRATEGY

2018 ◽  
Vol 1 (1) ◽  
pp. 82-96
Author(s):  
Neni Triyana ◽  
Safnil Arsyad ◽  
Arono Arono
Keyword(s):  
Comparative Study ◽  
Mixed Method ◽  
Research Method ◽  
Common Pattern ◽  
Research Instrument ◽  
Text Coherence ◽  
Thematic Progression ◽  
The Common ◽  
The Difference ◽  
Newspaper Editorials

This research objective are analyze the common pattern in Jakarta Post and ‘Kompas’ newspaper editorials. The research method used was a mixed method. The research instrument is checklist. The procedure classifies all objects (10 texts Jakarta Post newspaper editorials and 10 texts ‘Kompas’ newspaper editorials) on the thematic progression patterns are checklist. The result showsthat the thematic progression in Jakarta Post and ‘Kompas’ newspaper editorials are found 3 patterns of thematic progression; 10 texts derived theme; 8 texts Constant progression, and 2 text linear progression. The different on thematic progression in Jakarta post and “Kompas’ newspaper editorials is  difference,the difference of sequence in the patterns between Jakarta Post and ‘Kompas’ newspaper editorials. The Conclussion Thematic Progression in Jakarta Postand ‘Kompas’ newspaper editorials are derived theme and Constant progression.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

scholarly journals The Common Agricultural Policy and the EU budget: stasis or change?

2013 ◽  
Vol 2 (2) ◽  
pp. 119 ◽  
Author(s):  
Alan Greer
Keyword(s):  
Historical Trends ◽  
Radical Reform ◽  
Stakeholder Interests ◽  
Decision Mechanism ◽  
Financial Framework ◽  
The Common ◽  
The Uk ◽  
First Time ◽  
Insight Into ◽  
The Eu

After highlighting the budgetary context and the historical trends on the funding of the CAP, this paper considers contemporary debates about its reform in the context of two ‘historic firsts’. Negotiations about the multiannual financial framework (MFF) for 2014-20 for the first time took place in tandem with a proposed CAP reform, within the broader context set by the financial crisis after 2008. Second, the CAP reform debates took place within the new institutional arrangements introduced in the Lisbon Treaty, which by extending the co-decision mechanism to the CAP potentially has increased the influence of the European Parliament (EP). Indeed the CAP reform dossiers were the first real test of these new arrangements and provide an insight into how the new institutional structure will work in practice. In both cases the paper highlights a continuing cleavage among member states and stakeholder interests  - that maps partly onto a broader budgetary gainers/losers division - between advocates of radical reform (e.g. the UK, Sweden) and those who favour the retention of the traditional CAP (such as France, Spain and Ireland).

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