scholarly journals Protection of Road Safety and Proper Functioning of the Road Haulage Market (Case Study)

2015 ◽  
Vol 38 (2) ◽  
pp. 93-100
Author(s):  
Robert Stefanicki

The article is about an important issue of regulating the minimum cost of production and, consequently, prices for the representation of entrepreneurs (associations) with reference to the requirements of road safety. These issues are often the subject of the case law at the Court of Justice at the level of the implementation of the rules governing competition. Recently the question was settled under a preliminary ruling concerned the requirements of Italian law, which, in the name of road safety protection, does not allow to offer prices lower than those benefits rigid minimum rates set by the service provider. The issues that are contrary to a competitive market, price-fixing agreements, are no strangers in different Member States, as exemplified by the findings of the national organization representing independent professionals. The question remains whether those situations are best remedied at the pace of the case law at the Court of Justice or whether there is a need for European Union legislation on the matter in the circumstances where transport contributes to the competitiveness of Europe. There is an interdependence between transport, environment, innovation and social as well as economic policies. The effort invested in this research translated into awareness of the complexity of the subject matter and – the author would encourage – possibilities for further exploration (which would require separate in-depth studies).

2021 ◽  
pp. 107-110
Author(s):  
О.О. Марокко

В статье рассматриваются некоторые социально-психологические аспекты повышения эффективности социальной рекламы в области безопасности дорожного движения. Автором отмечено, что для достижения цели субъект пропаганды дол- жен осознать взаимосвязь между его индивидуальным поведением на дороге и надежностью всей системы жизнеобеспечения. The article discuses some of the socio-psychological aspects of increasing of social advertising in the field of road safety. The author notes that in order to achieve the goal, the subject of propaganda must aware of the relationship between his individual behavior on the road and the reliability of the entire life support system.


Author(s):  
Hartley Trevor C

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.


2016 ◽  
Vol 17 (31) ◽  
pp. 24-36
Author(s):  
Valentin Paul Neamt

Abstract The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.


2016 ◽  
Vol 10 (2) ◽  
pp. 170-199 ◽  
Author(s):  
Matěj Myška ◽  
Jakub Harašta

This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.


2019 ◽  
Vol 24 (6) ◽  
pp. 56-60
Author(s):  
Ewelina Cybulska ◽  
Andrzej Rogowski

Road junctions constitute one of the most important elements of road infrastructure. These are the special types of intersections, the construction of which results in an increase in the level of road safety in the areas of expressways and motorways. A wrongly designed or insufficiently marked and illuminated road junction may mislead participants and cause dangerous situations. The article presents author's surveys conducted among drivers on the subject of road safety assessment in the areas of road junctions.


2021 ◽  
Vol 93 (3) ◽  
pp. 846-889
Author(s):  
Loris Belanić ◽  
Jakob Nakić

Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.


Teisė ◽  
2009 ◽  
Vol 71 ◽  
pp. 53-69
Author(s):  
Deividas Soloveičikas

Ši publikacija skiriama pozityviosios viešųjų pirkimų teisės nereguliuojamai temai – vidaus sandorių iš­imčiai. Straipsnyje siekiama pateikti vidaus sandorių išimties koncepcijos analizę, Europos Teisingumo Teismo jurisprudenciją šioje srityje, taip pat ištirti, kokios yra praktinės vidaus sandorių sudarymo Lietu­voje ir Europos Sąjungoje galimybės ir prielaidos. This article is dedicated to the analysis of the subject that is not regulated by the substantive law – in-house procurement. The author seeks to examine the whole concept of the in-house procurement as well as the case-law of the European Court of Justice related to the mentioned field. Besides, it is the aim of this publication to investigate the pragmatic possibilities of the in-house procurement in Lithuanian jurisdiction as well as within the European Community dimension.


2020 ◽  
Vol 5 (4) ◽  
pp. 80-95
Author(s):  
Svetlana Borisova

The article deals with psychological components of the phenomenon of the professional image of the inspectors of the Road Patrol Service of the State Road Safety Inspectorate are the subject of the study. The purposes of the scientific article are to present psychological characteristics of leading components of the professional image of the inspectors of the Road Patrol Service of the State Road Safety Inspectorate and to determine the trends of its improvement. It’s established that the most significant elements of the discussed professional image are appearance, knowledge of normative legal acts, the culture of dialogue, competent speech and the ability to handle stress and require urgent attention and development – a normative legal acts and speech skills. A synthesis of the literature and an empirical study carried out using methods of a written survey, observation, ranking, and analysis of situations has allowed not only to reveal the psychological meaning of each component image, but also to identify the likely directions of its improvement. A special place among these directions is given to improving the quality of legal and psychological training, and training in practical linguistics in the field of business communication with traffic participants. The scientific novelty of research consists in the reflection of the modern view on the problem of professional image of the employee through the eyes of the subjects of its formation and in the formulation of specific proposals based on the experience of the respondents and sought after in the course of further modernization of the image of the inspectors of the Road Patrol Service of the State Road Safety Inspectorate.


2019 ◽  
Vol 4 (2) ◽  
pp. 192
Author(s):  
Jean Jacqmain

Resumen. El estudio aborda el análisis de las sentencias dictadas en aplicación del principio de igualdad de trato y oportunidades desde el 1 de septiembre de 2017 hasta el 31 de agosto de 2018 por el Tribunal de Justicia de la Unión Europea. También incluye sentencias y decisiones dictadas en ese periodo por el Tribunal Europeo de Derechos Humanos.Palabras clave: Tribunal de Justicia de la Unión de Europea, Tribunal Europeo de Derechos Humanos, Principio de igualdad de trato y de oportunidades.Abstract. This paper deals with the analysis of judgments related to the principle of equal treatment and opportunities and delivered from September 1, 2016 until August 31, 2017 by the Court of Justice of the European Union. It also includes judgments and decisions on the subject during this period issued by the European Court of Human RightsKeywords: Court of Justice of the European Union, European Court of Human Rights, Principle of equal treatment and opportunities.


2016 ◽  
Vol 29 (4) ◽  
pp. 1103-1119 ◽  
Author(s):  
HUGH THIRLWAY

AbstractThe International Court of Justice (ICJ or the Court) continues to hear and determine the contentious cases submitted to it, keeping up what has been referred to as an acceptable ‘cruising pace’. After recalling the extent to which the demands on the Court have increased, and the practical means available to it have been greatly extended, the author (following up an earlier article on the subject in the Netherlands International Law Review) examines the Court's recent case-law (decisions given since 2010) to show how each decision, besides furthering settlement of the specific dispute, has contributed to the enlargement or development of international law. Attention is concentrated, however, on particular questions: the role of peremptory norms (jus cogens); interpretation of treaties; questions of jurisdiction (including the problem of the existence of a justiciable dispute in each case); and certain incidental proceedings contemplated by the Court's Statute and Rules, namely provisional measures and intervention under Articles 62 and 63 of the Statute.


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