Gutglaubensschutz durch das Europäische Nachlasszeugnis

2014 ◽  
Vol 11 (4) ◽  
Author(s):  
Sebastian Omlor
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Good Faith ◽  
The European Union ◽  
Inheritance Law ◽  
Liability Law ◽  
Charter Of Fundamental Rights ◽  
Bona Fide ◽  
Substantive Law

Summary1. The European Union has legislative power to regulate the bona fide purchase on the basis of the European Certificate of Succession (hereinafter: Certificate) laid down in Article 69(4) Regulation (EU) No 650/2012. It is a competence ancillary to the legal framework for the European Certificate of Succession based on Article 81(2c) TFEU.2. The interference with EU property rights (Art. 17 Charter of Fundamental Rights of the European Union, Art. 1 Additional Protocol No 1 to the ECHR) due to the admission of good faith acquisitions in secondary law is justified because of adequate measures to safeguard the person who truly has the relevant authority mentioned in the Certificate (hereinafter: “truly authorized person”).3. The good faith protection takes effect notwithstanding any contributions of the truly authorized person to the inaccuracy of the Certificate’s content. The purchaser’s good faith can be based on every valid certified copy of the Certificate without the original being required. The purchaser must have taken note of the specific copy and its content in order to act “on the basis of the information certified in the Certificate”.4. A lack of the purchaser’s good faith with respect to the inaccuracy of the Certificate’s content is only relevant at the point in time when the transfer of property is being completed.5. A disposal in the meaning of Article 69(4) Regulation (EU) No 650/2012 requires a transaction between two persons that are neither legally nor economically identical (a so-called “Verkehrsgeschäft”).6. Certificates with contradictory content can separately serve as a valid basis for a bona fide purchase.7. As its legal consequence, the bona fide purchase puts the purchaser in the same legal position as if he had transacted with the truly authorized person. This protection also includes the absence of inheritance-law based disposal restrictions.8. The truly authorized person may claim a compensation according to the applicable substantive law. According to German substantive law, claims could be derived from § 816(1) BGB and from §§ 2018 et seqq. BGB as well as from public liability law.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

scholarly journals The European Union and the Search for an International Data Protection Framework

2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
European Union ◽  
Data Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
International Data ◽  
Data Protection Law ◽  
Eu Fundamental Rights ◽  
Global Data ◽  
The Eu

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

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