Verbundene Dienstleistungen

2020 ◽  
Author(s):  
Ira Schwarz-Vomhof
Keyword(s):  
European Union ◽  
The European Union ◽  
Systematic Account ◽  
Related Services ◽  
Legal Context ◽  
Critical Overview ◽  
Legal Consequences

The thesis provides a critical overview of the treatment of related services, in particular installation, in the European Union and Germany. The development and content of related services are examined. On this basis, problems in distinction of the contract of sale and the contract of work or material caused by related services are investigated. Consideration is also given to the various legal consequences of the different warranty rights, also in a comparative legal context. Thereafter solutions are proposed to facilitate the distinction by taking another systematic account of related services. Regards also are given to whether more favourable legal consequences of the contract of work and material can be applied to related installations.

scholarly journals Exceptions to the Principle of Free Transmission and Retransmission of Audiovisual Media Content − Recent European Case-Law

2020 ◽  
Vol 9 (1) ◽  
pp. 83-103
Author(s):  
Zsolt Kokoly
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Media Content ◽  
The European Union ◽  
Legal Norms ◽  
Audiovisual Media ◽  
Court Of Justice ◽  
Legal Context ◽  
Media Services

Case-law of the Court of Justice of the European Union, as well as procedures taking place before the Commission aiming to clarify certain aspects regarding freedom of services – in this case, the principle of free transmission and retransmission of audiovisual media services – have always been regarded as particularly important in offering guidance in interpreting and applying European legal norms. The adoption in December 2018 of the revised text of the Audiovisual Media Services Directive (Directive 2018/1808) marks the transition to a new, amended legal framework. It also enables the critical review of the last case decided in front of the Court of Justice of the European Union, still instrumented according to the provisions of Directive 2010/13/EU: Case C‑622/17 (Baltic Media Alliance v. Lietuvos radijo ir televizijos komisija). While the main focus of the present paper lies with Case C‑622/17, for a cogent understanding of the extended judicial and legal context of the case, we will briefly examine the four procedures successfully submitted to the Commission (by Lithuania and Latvia between 2015 and 2018), based on Art. 3 of the AVMSD (restriction based on public policy reasons, in this case incitement to hatred), and the only procedure based on Art. 4 (the “anti-circumvention procedure”) submitted in the lifespan of Directive 2010/13/EU by the Kingdom of Sweden (2017).

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

The Legal Consequences of Unfair Contract Terms in Consumer Loan Agreements Valorized with Foreign Currency

2021 ◽  
Vol 46 (3-4) ◽  
pp. 346-373
Author(s):  
Bartosz Ziemblicki ◽  
Mateusz Lewandowski
Keyword(s):  
European Union ◽  
Exchange Rate ◽  
Foreign Currency ◽  
Exchange Rate Risk ◽  
The European Union ◽  
Currency Exchange ◽  
Court Of Justice ◽  
Currency Exchange Rate ◽  
Unfair Terms ◽  
Legal Consequences

Abstract In recent years, the Court of Justice of the European Union has issued a number of judgments addressing the issue of consumer protection in connection with the use of unfair terms by banks in loan agreements indexed with a foreign currency exchange rate. Most of them have concerned issues of exchange rate risk and exchange rate differences between the purchase and sale rates of a given currency applied by the bank. This article analyzes the recent ruling by the Court of Justice of the European Union in the Dziubak case, which was initiated by referring questions for a preliminary ruling by a Polish court. The article’s purpose is to assess the position taken by the cjeu in this respect and its significance for consumers in Poland. Particular attention was paid to the considerations with regard to the possibility of replacing unfair provisions with general provisions and assessing the consumer’s awareness of the consequences of declaring a contract invalid. The aim is to examine the issues that were dealt with by the Court of Justice of the European Union in the Dziubak case, including – in particular – the answer to the question of whether the issues discussed by the cjeu had already been considered in its previous jurisprudence and whether it presents new, previously unknown legal consequences of the inclusion of unfair contract terms in loan agreements.

scholarly journals Has the European Union empowered the regions? A pre- and post-Brexit preliminary investigation of the United Kingdom

2020 ◽  
pp. 096977642097215
Author(s):  
Giada Lagana
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Mutual Influence ◽  
Preliminary Investigation ◽  
The European Union ◽  
Opportunity Structure ◽  
Systematic Account ◽  
The United Kingdom ◽  
National Governments ◽  
The Eu

The literature on the relationship between regions and the European Union (EU) has generated important insights. Firstly, existing scholarship has found that the EU has empowered, as well as disempowered, regions and sub-national governments. Secondly, researchers have convincingly demonstrated how regions have adapted to the EU opportunity structure. Finally, studies exist that have investigated the ways in which regions and sub-national governments have also influenced the EU opportunity structure. These dimensions are rarely brought together to examine the mutual influence and constant interaction of regions and the EU. Accordingly, this article aims to provide a short systematic account of how empowering and disempowering structures and sub-national governments’ endeavours in the United Kingdom (UK) interacted with the European level. It will do so through the Strategic-Relational Approach, showing how regional motivations, processes of devolution, differential opportunities and constraints and strategies of adaptation and transformation are interrelated. The last section will discuss some of the disempowering issues Brexit presents for the UK’s territorial and constitutional future.

The Constitutional Court and Others in Romanian Constitutionalism – 25 Years After

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Bianca Selejan-Guțan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Actual Role ◽  
Central Elements ◽  
Constitutional System ◽  
Critical Overview

AbstractThe current Romanian constitutional system, established in 1991, has undergone numerous formal and informal developments in the last 25 years. The main issues that arose in the decade since the country’s adhesion to the European Union were the respect for the rule of law, independence of the judiciary and the fight against corruption. In this context, the Constitutional Court has been one of the central elements of the rule of law guarantee in Romania. This paper intends to present a critical overview of the actual role of the Constitutional Court in the Romanian constitutional system, in the different contexts that link the Court with ‘others’, ie mainly with State powers (the Court itself being and independent organ, placed outside the judicial power).

scholarly journals Hiszpania: postanowienie Izby Karnej Sądu Najwyższego z dnia 9 stycznia 2020 r. w sprawie specjalnej o numerze 20907/2017

2020 ◽  
Vol 5(160) ◽  
pp. 251-267
Author(s):  
Bartłomiej Dziedzic
Keyword(s):  
European Union ◽  
Supreme Court ◽  
European Parliament ◽  
The European Union ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
Public Funds ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Legal Consequences

The Supreme Court ruled on the legal consequences of the judgment of the Court of Justice of the European Union in Case C-502/19 concerning Mr Oriol Junqueras – the supporter of the independence of Catalonia convicted of sedition and misappropriation of public funds. Mr O. Junqueras was elected Member of the European Parliament while he was in provisional detention, but after the trial stage of the criminal proceedings brought against him had been opened. The CJEU judgment concerned the scope of the immunity enjoyed by MEPs. The Supreme Court ruled, in accordance with the CJEU interpretation, that Mr Junqueras enjoyed the immunity. However, the prison sentence passed on him deprived him of his MEP status and therefore a request to waive the immunity in this particular case was not applicable.

scholarly journals The Tobacco Industry’s Challenge to the United Kingdom’s Standardised Packaging Legislation – Global Lessons for Tobacco Control Policy?

2017 ◽  
Vol 17 (2) ◽  
pp. 66
Author(s):  
Jonathan Griffiths
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Control Policy ◽  
The European Union ◽  
Consultation Process ◽  
Tobacco Products ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Legal Context ◽  
The Right

In 2015, legislation imposing a standardised packaging regime for tobacco products was passed by the United Kingdom Parliament. The Standardised Packaging of Tobacco Products Regulations 2015 (UK) came into effect fully from 21 May 2017 and were contested vigorously by the tobacco industry, both through the legislative consultation process and in the courts. This article focuses on the claim for judicial review brought by the industry against the Regulations, R on the Application of British American Tobacco Limited v The Secretary of State for Health. In that case, the introduction of standardised packaging was challenged on a number of grounds, including proportionality, compatibility with the right of property and with international and European Union rules on the protection of intellectual property. All these arguments were rejected in forceful terms by Green J in the High Court, and again on appeal, by the Court of Appeal. This article sets out the industry’s claims in detail and explores the grounds on which the legislation was upheld. It also outlines the European Union legal context within which the legislation operates, including the important judgment of the Court of Justice of the European Union in Philip Morris Brands SARL and Others v Secretary of State for Health (C-547/14). It is suggested here that the reasoning in these judgments may prove instructive well beyond the borders of the United Kingdom.

Selected aspects of the Europeanization of public administration in Poland

2021 ◽  
Vol 10 (10) ◽  
pp. 45-66
Author(s):  
Tomasz Hoffmann
Keyword(s):  
European Union ◽  
Public Administration ◽  
Material Selection ◽  
Social Aspects ◽  
Research Purpose ◽  
The Political ◽  
The European Union ◽  
Main Research ◽  
Research Material ◽  
Legal Context

The main research purpose of the following article is to indicate selected models and methods of the Europeanisation of public administration, as well as their legal and social aspects. As a result of the research material selection, the article also attempts to indicate how certain conditions have influenced the processes of Europeanization. The political and legal context of preparing public administration (both government and local) for effective participation in the European Union public policies was also highlighted.

scholarly journals Consenso libero ed informato: la Convenzione di Oviedo nell'articolato contesto storico e giuridico delle fonti / Free and informed consent: the Oviedo Convention in the articulated historical and legal context of the sources

2016 ◽  
Vol 65 (1) ◽  
pp. 57-67 ◽  
Author(s):  
Fernando De Angelis
Keyword(s):  
European Union ◽  
Informed Consent ◽  
Fundamental Rights ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Context ◽  
Charter Of Fundamental Rights

La Convenzione di Oviedo del 1997 ha creato regole basilari ed uniformi in tema di consenso libero ed informato. Nonostante siano passati vent’anni, pochi Stati hanno firmato e ratificato la Convenzione. Oggi però la Carta dei diritti fondamentali di Nizza del 2000 ed il Trattato di Lisbona del 2007, riformando profondamente l’Unione Europea, possono dare finalmente alla Convenzione di Oviedo l’auspicata attuazione interna, seppur in modo indiretto. Il contributo affronta il tema dell’articolato contesto storico e giuridico delle fonti di questa Convenzione. ---------- The Oviedo Convention of 1997 has established fundamental and uniform rules in reference to free and informed consent. Even though twenty years have passed, few States have signed and ratified the Convention. Anyway, today’s the Charter of Fundamental Rights of 2000 and the Treaty of Lisbon of 2007, reforming deeply the European Union, can finally give the hoped implementation to the Convention of Oviedo, at least indirectly. The contribution deals with the articulated historical and juridical context of the sources related to the Convention.

Sign in / Sign up

Export Citation Format

Share Document