Scrap Metal Intended for Metal Production: The Thin Line between Waste and Products

2012 ◽  
Vol 9 (2) ◽  
pp. 136-163
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
Case Law ◽  
Scrap Metal ◽  
Economic Activities ◽  
Metal Production ◽  
Broad Definition ◽  
Thin Line ◽  
Definition Of ◽  
In Virtue Of ◽  
The Eu

The authorities regularly have to cross swords with businesses on the issue as to whether a given substance has been completely recovered in order to escape the Caudine Forks of waste law. So far, it has been settled case law that national lawmakers could not adopt a definition of the notion of waste that would exclude objects and substances capable of commercial re-use. However, economic operators consider that the relatively broad definition of waste under Union law does not embrace all of the special features of their economic activities. By adopting the new Waste Framework Directive 2008/98/EC, the EU lawmaker sought to tailor the Directive’s scope in the best possible manner, in particular in providing for new arrangements under which certain classes of waste cease to be classified as such. In effect, in virtue of its Article 6 (1) and (2), certain specified waste shall cease to be waste when it has undergone a recovery operation and complies with specific criteria. Such criteria should be set for specific materials by the Commission in comitology. In this connection, the Council adopted Regulation (EU) No. 333/2011 on certain types of scrap metal which sets forth the criteria which make it possible to determine the time when certain types of scrap metal—iron, steel and aluminium—cease to be waste within the meaning of Directive 2008/98/EC where such scrap is intended for the metal production in steelworks, foundries and aluminium refiners. It is the aim of this article to explore some of the questions that the first regulation to implement Article 6 of the Directive is likely to raise.

scholarly journals EU Law’s Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 830
Author(s):  
Kristin Henrard
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Freedom Of Religion ◽  
Human Beings ◽  
Special Issue ◽  
Religious Minorities ◽  
Definition Of ◽  
Special Rights ◽  
The Relationship ◽  
The Eu

This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then turning to the protection of fundamental rights of religious minorities in/through the EU legal order. First, the EU’s engagement with minority specific rights and the extent to which these norms have been attentive to religious themes will be discussed. Second, the CJEU’s case law concerning freedom of religion and the prohibition of dis-crimination as general human rights is analysed. The conclusion then turns to the overall perspective and discusses whether the EU’s protection of religious minorities’ fundamental rights can be considered ‘half-hearted’ and, if so, to what extent. This in turn allows us to return to the overall focus of the Special Issue, namely the relationship between the freedom of religion for all and special rights for religious minorities.

Italy’s (Surprising) Use of Racial Harassment Provisions as a Means of Fighting Discrimination

2019 ◽  
pp. 279-308
Author(s):  
Mathias Möschel
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Case Law ◽  
Race Discrimination ◽  
Racial Harassment ◽  
Italian Case ◽  
Indirect Discrimination ◽  
Definition Of ◽  
The Eu ◽  
National Borders

This chapter analyses Italian case law on racial harassment in the employment context but also beyond. NGOs, in particular, are using this new tool to fight against race discrimination. In a legal system which is not necessarily known for being at the forefront of anti-discrimination law, such a success may seem surprising. I argue that, at least in Italy, the prohibition on racial harassment has the advantage of overcoming pre-existing limitations of fighting racism via criminal law for certain cases. Moreover, the definition of harassment as derived from the EU anti-discrimination law directives avoids some of the interpretational difficulties related to direct and indirect discrimination. Thus, the case law analysed here could set an example beyond the national borders and also shed more light on a concept which has so far been flying under the radar in European anti-discrimination law.

European Standards of Parliamentary Publicity

2021 ◽  
Vol 1 (1) ◽  
pp. 47-72
Author(s):  
Flóra Szalai ◽  
Boldizsár Szentgáli-Tóth
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Case Law ◽  
Modern Technology ◽  
European Countries ◽  
Broad Definition ◽  
European Court ◽  
European Standards ◽  
Definition Of

Abstract Our study will provide a broad definition of parliamentary speech, and on this ground, we will assess, whether there are unitary European standards of parliamentary free speech. For this purpose, we will distinguish external and internal aspects of parliamentary publicity, and we will analyse, which are the proper basis to restrict these crucial values. The parliamentary law and practice of a great number of European countries will be taken into account, and also the case law of the European Court of Human Rights will be highlighted. As the outcome of the analysis, certain proposals will be put forward to promote parliamentary publicity with the help of the instruments of modern technology.

Water services and why a broad definition under the WFD is needed to ensure the polluter pays principle

elni Review ◽  
2012 ◽  
pp. 59-62
Author(s):  
Sarolta Tripolszky
Keyword(s):  
Water Status ◽  
Water Services ◽  
Economic Policies ◽  
Economic Activities ◽  
Member States ◽  
Broad Definition ◽  
Water Users ◽  
European Court ◽  
Narrow Definition ◽  
Definition Of

'Water services' is a term under the EU Water Framework Directive (WFD) that describes economic activities which make use of water infrastructure that changes the physical characteristic of a water body. Economic actors who make use of water in this way are asked to come up for all or part of the costs and thus contribute to the achievement of good water status - the objective of the WFD. However many European member states have applied a narrow definition of the term in their national legislation and restricted water services to the traditional water service sectors: wastewater treatment and municipal drinking water supply, leaving agriculture, mining, hydropower or navigation aside. Because of the narrow definition of this legal term the wrong economic policies are applied to water users resulting in a poor allocation of natural and financial resources. This goes against the very essence of the WFD which was adopted to start a new area in which all human pressures on water are dealt within a single framework and in which the polluter has to pay. The involvement of all relevant sectors and application of wise economics is crucial for the timely implementation of the WFD. In turn, this is essential for the European society and economy in view of the predicted increase in pressure on water in the future. EEB and WWF started a collective complaint against 11 member states in 2006 to enforce the correct implementation of the Directive. A decision by the European court of Justice is expected in the fall of 2012. In this article the author explains the concept of the term 'water services' and outlines the economic and legal consequences of a narrow and broad definition. The development of the collective (or strategic) complaint from 2006 till today is also described.

Der Begriff und die Rechtsnatur von Geschäfts- und Betriebsgeheimnissen unter Berücksichtigung der Geheimnisschutz-Richtlinie

2019 ◽  
Author(s):  
Yasamin Rody
Keyword(s):  
German Law ◽  
Case Law ◽  
Trade Secret ◽  
Civil Code ◽  
Trade Secrets ◽  
Legal Definition ◽  
Legal Nature ◽  
Definition Of ◽  
Trade Secret Protection ◽  
The Eu

Trade secret protection requires secrets of a certain quality, and this can easily be lost. Within the EU’s Member States, the protection of business and trade secrets is different. To improve this protection, the EU adopted Directive (EU) 2016/943 on 8th June 2016. Article 2 (1) of the directive contains a legal definition of trade secrets. This puts the definition developed by case law in Germany under scrutiny. Does the German definition also meet European requirements? In order to answer this question, the author examines the characteristics of the concept of secrecy under German law and compares them with those of the directive. Furthermore, the author deals with the legal nature of business and trade secrets. This relates to the still controversial question of whether trade secrets constitute absolute rights according to section 823 (1) of the German Civil Code.

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 Doctrine of methods of interpretation of legal norms formed in the case law of the Court of Justice

2021 ◽  
Author(s):  
I. V. Kaminska
Keyword(s):  
Detailed Analysis ◽  
Case Law ◽  
Lisbon Treaty ◽  
Theological Method ◽  
Legal Norms ◽  
Court Of Justice ◽  
The Law ◽  
Domestic Sources ◽  
Definition Of ◽  
The Eu

The doctrinal approaches to the definition of methods and principles of interpretation of legal norms applied by the Court of Justice of the EU are analyzed. The traditional and special methods of interpretation inherent in integration justice are singled out. The dynamics of changes in the approaches to the interpretation of legal norms in the decisions of the Court of Justice of the EU after the signing of the Lisbon Treaty is described. Scientific approaches to defining the concept of interpretation of legal norms contained in domestic sources are analyzed. Foreign sources on the methods of interpretation of the law by the Court of Justice of the EU have been studied. The article analyzes several European publications written at different times before the signing of the Lisbon Treaty and established, which primarily draws attention to authors who have subjected the theological method of interpretation, and very few sources that influence the justification of methods or principles of their application by the Court. It can be concluded that the tendency of European scholars to emphasize the importance of the theological method of interpretation was related to their views on the constitutional nature of the Treaties and legal considerations about the need to adopt the EU Constitution. Such conclusions correlate with the limited jurisdiction of the Court of Justice, as before the signing of the Lisbon Treaty not all provisions of secondary legislation were interpretable (in particular, visas, asylum, immigration and other policies related to the movement of persons). on the constitutionality of the Treaties, although their form and content have become even more similar to constitutional acts, without losing a clear functional statement of provisions. Since then, the case law of the Court of Justice has been characterized by a variety of methods of interpretation, and European doctrine by publications that have re-substantiated the system of methods and paid more attention to their detailed analysis, making each of these methods autonomous and collectively interchangeable.

Europejska definicja mikro, małych i średnich przedsiębiorstw jako instrument polityki rozwoju sektora przedsiębiorstw – doświadczenia, postulaty i wnioski na przyszłość

2020 ◽  
pp. 49-60
Author(s):  
Dariusz Kowalski
Keyword(s):  
Small And Medium Enterprises ◽  
Basic Research ◽  
Case Law ◽  
Main Research ◽  
Advantages And Disadvantages ◽  
Legal Method ◽  
Definition Of ◽  
Medium Enterprises ◽  
Specific Definition ◽  
The Eu

The subject of the article is the issue of separating micro, small and medium enterprises (SME) from the general economy which due to their small size encounter market barriers hindering their development. The basic legal instruments in this matter is the definition of the SME sector at the level of the EU regulations. The purpose of the analysis is to look for advantages and disadvantages of the existing definition, as well as to refer to the selected ideas of its modification, considering European Union case law. The main research hypothesis is: regarding the importance of SME’s definition for the EU economy, the changes that must be made in the analysed concept must take into account the existing economic conditions as well as the previously available use of the same definition by the institutions. However, it is equally important to identify the purpose for which the SMEs were separated under a specific definition. The purpose of this separation was to provide support for such SMEs, which they de facto need. The basic research method used in the article is the dogmatic and legal method. Its subject was the analysis of the content of normative acts, the EU case law, as well as reports and analyses in the field of the SME sector.

Defining ‘Family Members’ of EU Citizens and the Circumstances under Which They Can Rely on EU Law

2020 ◽  
Author(s):  
Georgios Milios
Keyword(s):  
Present Article ◽  
National Level ◽  
Family Members ◽  
Case Law ◽  
Legal Concept ◽  
Court Of Justice ◽  
Definition Of ◽  
Human Rights Standards ◽  
The Eu ◽  
The Way

Abstract The present article deals with the legal concept of family members of EU citizens in EU and national legislation. In particular, it examines the legal definition of family in Directive 2004/38, as well as the way the Court of Justice of the EU has interpreted the relevant provisions of the Directive. Not least, the present article focuses on the circumstances under which these persons may qualify as family members according to the case law of the CJEU. As for the research at national level, the present study examines the way the same issues are regulated in national implementing legislation of Spain. The article concludes that although the definition of family in Directive 2004/38 is still focused on a formal and traditional family model, the CJEU has quite progressively adopted a more expansive interpretation in relation to this concept. Regardless of this finding, this article argues that a more de facto approach is still necessary in order for the applicable rules to become more compatible with the reality of personal relations nowadays but also with the international human rights standards.

Making the Case for a Rome V Regulation on the Law Applicable to Companies

2020 ◽  
Author(s):  
Carsten Gerner-Beuerle ◽  
Federico Mucciarelli ◽  
Edmund Schuster ◽  
Mathias Siems
Keyword(s):  
Case Law ◽  
Company Law ◽  
Freedom Of Establishment ◽  
Conflict Of Laws ◽  
Incorporation Theory ◽  
Domestic Company ◽  
The Law ◽  
Definition Of ◽  
The Relationship ◽  
The Eu

Abstract There is significant legal variation and uncertainty in the conflict of laws rules applicable to companies in the EU. While the case law of the Court of Justice on the freedom of establishment has clarified some questions, it is evident that case law cannot provide for an adequate level of legal certainty. The main recommendation of this article is that private international company law in the EU should be harmonized. The article discusses the main challenges that a future regulation to this effect—called here ‘Rome V Regulation on the Law Applicable to Companies’—would have to overcome. Some of those are of a political nature: for instance, countries may fear that it may become easier for companies to evade domestic company law (eg, rules of employee co-determination), and there are specific considerations that concern companies established in third countries. Another challenge is that a future regulation on the law applicable to companies has to be consistent with existing EU conflict of laws rules as regards, for example, insolvency and tort law, while also complying with the freedom of establishment of the Treaty. It is the aim of this article to discuss these questions in detail, notably the general considerations for harmonisation in this field, a potential harmonization based on the ‘incorporation theory’, how it may be possible to overcome some contentious issues such as the definition of the lex societatis or the relationship between the lex societatis and other areas of law, and the prospects for future international harmonization.

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