Technical and Contractual Trends for Micro Tunneling Projects in Romania and Bulgaria

2017 ◽  
Vol 21 ◽  
pp. 609-618
Author(s):  
George Tsitsas ◽  
Chavdar Kolev ◽  
Liliana Radoi ◽  
Vlad Petrila
Keyword(s):  
European Union ◽  
Environmental Impact ◽  
Dispute Resolution ◽  
Legal Issues ◽  
Technical Equipment ◽  
The European Union ◽  
European Union Law ◽  
Technical Issues ◽  
Open Trench

This publication provides an overview of the current technical and contractual trends that govern the execution of micro-tunneling projects in both Romania and Bulgaria. Technical issues discussed include available equipment and technologies, aspects related to the complexity and challenges of these works, comparisons between the open trench and trenchless methods, environmental impact, and other. Legal issues discussed include contractual schemes, relationship between the parties involved, dispute resolution, and contract types in compliance with both the national as well as the European Union law. Appropriate technical equipment is recommended to avoid risk in implementation and ensure the quality of finished products.

Coordinating Ombudsmen and the Judiciary?

2014 ◽  
Vol 12 (2-3) ◽  
pp. 11-29 ◽  
Author(s):  
Milan Remač
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Dispute Resolution ◽  
The State ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
Normative Standards ◽  
Similar Area

An ombudsman institution is one of the most rapidly developing institutions in modern democratic states. Ombudsmen can be characterised as individual and impartial investigators of administration and its conduct. They act as dispute resolution mechanisms between the state and individuals and sometimes also as solvers of problems of individuals. In order to assess the quality of administrative conduct they use normative standards against which they assess this conduct. However, all these matters are primarily in the hands of the judiciary. The judiciary, notably administrative courts are the most important dispute resolution mechanisms in modern states that assess the administrative conduct against certain normative standards. Thus ombudsmen and the judiciary can be often seen as institutions having relatively similar competences in a relatively similar area, despite retaining numerous differences. They both are approached by the individuals and they can express their opinions about administrative justice. This paper highlights the main findings and recommendations of a comparative legal research carried out in the area of mutual interrelations of ombudsmen and the judiciary. On the examples of three different legal systems (the Netherlands, England and the European Union) the research discusses the possibility of coordination of relations between the ombudsman and the judiciary in connection with the position of these institutions, with their jurisprudence and ombudsprudence and with normative standards they use in their work.

scholarly journals Zasady techniki prawodawczej w Polsce i Unii Europejskiej

2017 ◽  
Vol 105 ◽  
pp. 193-208
Author(s):  
Kamil Stępniak
Keyword(s):  
European Union ◽  
Prime Minister ◽  
European Law ◽  
The European Union ◽  
Dual Systems ◽  
European Union Law ◽  
Eu Directives ◽  
Polish Law ◽  
The Eu

THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore,  distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.

The Common Agricultural Policy

2018 ◽  
Author(s):  
Joseph A McMahon
Keyword(s):  
European Union ◽  
Policy Implementation ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Legal Issues ◽  
The Political ◽  
The European Union ◽  
European Union Law ◽  
The Common ◽  
Broad Framework

‘While the Common Agricultural Policy may be well known for the political and financial problems to which it gives rise, the legal issues underlying it have not been so widely discussed’. Usher went on to note that the Common Agricultural Policy (CAP) lay behind many institutional developments, that agriculture was the first single market, and it was in the context of agricultural disputes that the Court of Justice of the European Union developed many of the general principles of Community (now European Union) law. So, whilst many will be familiar with the broad contribution that the CAP has made over the last sixty years, there are few who are more familiar with the legal intricacies of the policy. Part of the reason for this may be that close engagement with the administration of the CAP is not an easy exercise. Whilst the European institutions are responsible for setting not only the broad framework of the policy but also, in certain cases, the details of various aspects of the policy, implementation has been devolved to the Member States.

scholarly journals Unresolved Questions Regarding Lawyers’ Fees and the Restriction of Competition

2018 ◽  
Vol 2 (1) ◽  
pp. 75-97
Author(s):  
Fabio Ferraro
Keyword(s):  
European Union ◽  
Case Law ◽  
Insurance Companies ◽  
Legal Services ◽  
The European Union ◽  
European Union Law ◽  
Italian Market ◽  
Competition Rules

This paper explores the most salient aspects of the case-law of the Court of Justice of the European Union on legal services in order to highlight a lack of clarity in defining the terms of compatibility between European Union law and national rules on lawyers’ fees. This is a complex issue and one that has not yet been finally resolved, especially in a difficult context such as that of the Italian market, which is characterised by an extremely large number of lawyers, which in itself entails the risk of deterioration in the quality of services provided, with services being offered at a discount. In Italy, following the Cipolla judgment of the ECJ and the resulting abolition of the system of fixed remuneration (minimum and maximum fees), new measures were introduced by the State and professional organisations to protect members of the legal profession (particularly to safeguard lawyers in a weaker position in dealings with powerful clients such as banks and insurance companies) and to ensure fair remuneration. In accordance with the Wouters exemption and the increasing role of economic analysis in competition rules, these measures require a reflective analytical approach in order to evaluate their compatibility with European Union law.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

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