scholarly journals Asymmetric Cross-Citations in Private Law: An Empirical Study of 28 Supreme Courts in the EU

2021 ◽  
Author(s):  
Sabrina D'Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Private Law ◽  
Supreme Courts ◽  
The Eu

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

scholarly journals Assessment of the Dependence of GHG Emissions on the Support and Taxes in the EU Countries

2021 ◽  
Vol 13 (14) ◽  
pp. 7650
Author(s):  
Astrida Miceikienė ◽  
Kristina Gesevičienė ◽  
Daiva Rimkuvienė
Keyword(s):  
Energy Consumption ◽  
Empirical Study ◽  
Ghg Emissions ◽  
Gdp Per Capita ◽  
Environmental Taxes ◽  
Environmental Support ◽  
Eu Countries ◽  
Support Measures ◽  
Per Capita ◽  
The Eu

The reduction of GHG emissions is one of the priorities of the EU countries. The majority of studies show that financial support and environmental taxes are one of the most effective measures for the mitigation of the negative consequences of climate change. The EU countries employ different environmental support measures and environmental taxes to reduce GHG emissions. There is a shortage of new studies on these measures. The aim of the present study is to compare the effectiveness of the environmental support measures of the EU countries with the effectiveness of environmental taxes in relation to the reduction of GHG emissions. This study is characterized by the broad scope of its data analysis and its systematic approach to the EU’s environmental policy measures. An empirical study was performed for the EU countries with the aim of addressing this research problem and substantiating theoretical insights. A total of 27 EU member states from 2009 to 2018 were selected as research samples. The research is based on a cause-and-effect relationship, where the factors affecting environmental pollution (environmental taxes and subsidies) are the cause, and GHG emissions are the effect. Statistical research methods were used in the empirical study: descriptive statistics, the Shapiro–Wilk test, one-way analysis of variance (ANOVA), simple regression and cluster analysis. The results show that the older member countries of the EU, which had directed the financial measures of environmental policy towards a reduction in energy consumption, managed to achieve a greater reduction in GHG emissions compared to the countries which had not applied those measures. The Central and Eastern European countries are characterized by lower environmental taxes and lower expenditure allocated to environmental protection. The countries with a higher GDP per capita have greater GHG emissions that the countries with lower GDP per capita. This is associated with greater consumption, waste, and energy consumption. The study conducted gives rise to a discussion regarding data sufficiency in the assessment and forecasting of GHG emissions and their environmental consequences.

scholarly journals Mediator jako zawód włączony w ustrój sądów powszechnych – praktyka zmian dotyczących mediacji cywilnej

2018 ◽  
Vol 27 (3) ◽  
pp. 129
Author(s):  
Anna Kalisz
Keyword(s):  
Civil Procedure ◽  
Significant Part ◽  
Social Knowledge ◽  
Private Law ◽  
Western Countries ◽  
Civil Proceedings ◽  
The Social ◽  
Eu Directives ◽  
The Eu ◽  
Commercial Disputes

<p>The article is an attempt to examine the results of the amendments, which have been introduced to civil procedure and to mediation law since the 1<sup>st</sup> January 2016. Mediation corresponds with the nature of private law and in many other Western countries it has become a significant part of justice in civil, commercial and family matters. The examined updating was meant to: raise the social knowledge and recognition of mediation; increase the number of mediations conducted; motivate lawyers to apply it as a solution for legal disputes; raise the standards of professional court mediators and – last but not least – shorten the length of the civil proceedings. Most of the changes have been inspired by the EU directives on commercial disputes.</p>

Realizing the EU Social Market Economy through Law

2020 ◽  
pp. 231-246
Author(s):  
Vanessa Mak
Keyword(s):  
Environmental Protection ◽  
Market Economy ◽  
Legal Pluralism ◽  
Social Market Economy ◽  
Private Law ◽  
Normative Framework ◽  
Social Market ◽  
Political Economic ◽  
Opening Up ◽  
The Eu

This concluding chapter asserts that a case can be made for a strong legal pluralist theory of lawmaking in European private law. It takes a discursive approach, focusing on some aspects that require further consideration. The chapter considers how, and to what extent, the regulation of offline transactions is affected by the perceived shift towards legal pluralism. In addition, the chapter assesses which risks are posed to the instrumental-normative framework by political, economic, and social divides in the EU. Finally, the chapter closes with a reflection on the connections that could be made between certain fields such as citizens' rights as workers or in relation to environmental protection, opening up vistas for further research on lawmaking in European private law.

New Legal Pluralism and Transnational Private Law

2020 ◽  
pp. 18-47
Author(s):  
Vanessa Mak
Keyword(s):  
Western Europe ◽  
Legal Pluralism ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Main Question ◽  
Private Regulation ◽  
The Creation ◽  
Theoretical Foundations ◽  
The Eu

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.

11. Private law and environmental protection

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Environmental Protection ◽  
Environmental Remediation ◽  
Civil Liability ◽  
Environmental Damage ◽  
Private Law ◽  
Essential Characteristic ◽  
Environmental Liability ◽  
Public Nuisance ◽  
Private And Public ◽  
The Eu

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.

Non-Discrimination and the Many Faces of Private Law in the Union – Some Thoughts After the “Test-Achats” Judgment

2011 ◽  
Vol 2 (2) ◽  
pp. 283-290 ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Ethnic Origin ◽  
Employment Law ◽  
Time Span ◽  
Insurance Market ◽  
Private Law ◽  
Party Autonomy ◽  
The Many ◽  
Prior Decision ◽  
Legal Consequences ◽  
The Eu

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).

Smart Regulation and European Private Law – What linkages?

2013 ◽  
Vol 4 (2) ◽  
pp. 260-263
Author(s):  
Kristel De Smedt
Keyword(s):  
Self Regulation ◽  
Regulatory Environment ◽  
Private Law ◽  
Eu Legislation ◽  
Regulatory Quality ◽  
Better Regulation ◽  
Smart Regulation ◽  
Methodological Approaches ◽  
The University ◽  
The Eu

Private law in Europe has undergone a significant transformation during the last two decades. From a branch of law that was scarcely affected by EU legislation, it has become the object of considerable harmonisation measures to facilitate free trade and protect European citizens. Simultaneously, there has been an increased attention for ‘better regulation’ in the EU. The efforts of the European Commission to improve regulatory quality and to reduce administrative burdens for industry have promoted a regulatory environment in which formal intervention is more limited and self–regulation and co–regulation have emerged as alternatives. The University of Maastricht organized a workshop on ‘Smart Regulation of European Private Law’ in January 2013 with the aim to assess how the Smart Regulation agenda has shaped/can shape European private law; investigate the contribution of different methodological approaches to achieve ‘smart regulation’; and explore opportunities and threats for European private law, in particular in respect with developments in self–regulation and co–regulation. This report shortly summarises the discussions.

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