Die Rechtsstellung der Mitglieder des EZB-Rates

2021 ◽  
Author(s):  
Lili-Marie Iwen
Keyword(s):  
European Union ◽  
Legal Status ◽  
Legal Issues ◽  
Legal Systems ◽  
Governing Council ◽  
European Union Level ◽  
Legal Provisions ◽  
The Impact

This work traces the contours of the legal status of the members of the Governing Council of the ECB using the example of the President of the Bundesbank. The study focuses on the prerequisites and the structure of the office of the President of the Bundesbank at the national and European Union level. In addition, the legal provisions governing the appointment, dismissal, and structure of the office are analyzed, detached from the substantive activities. In addition to these technical legal issues, the impact of the independence requirement on the legal status is also focused on. As a result, the unique legal status of the President of the Bundesbank is confirmed by the fact that it is anchored in two legal systems.

11 Effect of Previous Decisions

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
European Union ◽  
Legal Issues ◽  
The European Union ◽  
Double Jeopardy ◽  
Judicial Decisions ◽  
Court Of Justice ◽  
National Competition ◽  
The Impact

This chapter examines the impact of previous decisions in competition litigation, and more specifically the extent to which previous determinations on factual and legal issues are admissible, persuasive, or binding in subsequent proceedings. It begins with a discussion of prior judicial decisions, focusing on how questions relating to the application of Articles 101(1) and Article 102 of the TFEU should be interpreted with the principles laid down by the Court of Justice of the European Union (CJEU). It then considers prior infringement decisions adopted by the competition authorities, taking into account the binding nature of such decisions as well as their personal scope. It also describes the scope and extent of the infringement that is said to be binding, findings of fact and whether they are binding or not, the decisions of other national competition authorities, and the issue of penalties and the principle of double jeopardy.

scholarly journals EUROPEAN UNION LEGAL PROVISIONS ON THE ADMISSION OF THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF EMPLOYMENTAS SEASONAL WORKERS

2018 ◽  
Vol 12 (1) ◽  
pp. 46-52
Author(s):  
ELISE-NICOLETA VÂLCU
Keyword(s):  
European Union ◽  
Migration Policy ◽  
The European Union ◽  
International Protection ◽  
Asylum Policy ◽  
Seasonal Workers ◽  
Legal Provisions ◽  
Legal Immigration ◽  
The Impact ◽  
Made In

”The global approach in matters of migration and mobility”, adopted by the Commission in 2011, sets out a general framework for the relations of the European Union with the third countries in matters of migration. This approach is based on four pillars: legal immigration and mobility, illegal immigration and human trafficking, international protection and asylum policy, as well as maximization of the impact of migration and of mobility on development.On 13th May 2015, the Commission presented”The European Agenda on migration” proposing immediate measures and actions to perform in the following years for a better management of migration under all its aspects. Within it, the Commission proposes orientations in four directions: reduction of factors encouraging clandestine migration; a border management aiming at lifesaving and border security; development of a sounder asylum common policy; and establishment of a new policy in matter of legal migration by modernising and revising the ”blue card” regime, by establishing some new priorities of the integration policies and by optimising the advantages of the migration policy for the aimed persons and the countries of origin. In September 2018, the Commission published a report on the progress made in the implementation of the European Agenda on migration, examining the progress and deficiencies in its implementation.

scholarly journals Asia Pacific Regional Organisations and Japanese Domestic Law

1998 ◽  
Vol 28 (3) ◽  
pp. 493
Author(s):  
Makitaro Hotta
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Asia Pacific ◽  
Legal Systems ◽  
Regional Organisations ◽  
The Impact ◽  
Domestic Law ◽  
Rights Issues

This is the first part of a two part article on the impact of regionalisation on domestic legal systems with reference to Japan.  Part I deals with international and regional organisations and their structure.  Domestic legal issues in Japan under Asia Pacific regionalism will be examined in Part II, with particular reference to human rights issues and will be published in the next issue of the Yearbook.

scholarly journals Causal Effect Relationship in Medical Cases. An Old Problem in a New Scenario. Commentary to CJEU Judgment (Second Chamber) of 21 June 2017, N.W. & Others V. Sanofi Pasteur MSD & Others, Case C-621/15, EU:C:2017:484. Approbative Gloss

2021 ◽  
Vol 46 (3) ◽  
pp. 263-290
Author(s):  
Agata Wnukiewicz-Kozłowska ◽  
Urszula Dorota Drozdowska
Keyword(s):  
European Union ◽  
Causal Effect ◽  
Scientific Evidence ◽  
Prima Facie ◽  
Causal Link ◽  
Medical Product ◽  
Causal Connection ◽  
Legal Systems ◽  
The European Union ◽  
The Impact

This commentary evaluates the problem in assessing the role of a causal connection between damage and the use of a defective medical product, specifically a vaccine. The judgment of the Court of Justice of the European Union (CJEU) in the Sanofi Pasteur Case, which allowed the possibility of recognizing damage claims, even in cases where the prevailing scientific theory claims that there is no scientific evidence of a causal link between a vaccination and the disease, became a base for consideration. Consequently, procedural solutions (such as the standard of proof required, the admissibility of prima facie evidence reasoning and other solutions in cases of an uncertain causation) remain to be decided by national law. The authors assessed two legal systems: the French and Polish legal systems in the context of how to resolve these dilemmas and to describe the impact of the above-mentioned judgment on the case-law of French and Polish courts as regards the application of Directive 85/374/EEC. As a result, they concluded that the most important interpretative motive has become the individual interest of the vaccination’s victim as a consumer of medical services. It seems to be in accordance with Directive 85/374/EEC, which is motivated by the necessity of approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products. However, since the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property, in countries belonging to the European Union, the authors wonder how the commented judgment will affect the further development of consumers protection against defective vaccines.

scholarly journals La incidencia del desarrollo de la Unión Europea en las categorías del derecho público francés = The impact of the development of the European Union in the french public law categories

2013 ◽  
pp. 125
Author(s):  
Vlad Constantinesco
Keyword(s):  
European Union ◽  
Public Law ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
The Status ◽  
Important Notion ◽  
The Impact ◽  
The Eu

La construcción de la Unión Europea ha interactuado sistemáticamente con los ordenamientos jurídicos nacionales, de los que procede. El conjunto de reglas que vienen del Derecho de la UE ha desafiado las nociones básicas y las viejas categorías jurídicas construidas por los sistemas jurídicos nacionales. Este artículo analiza el impacto de la legislación de la UE sobre la importante noción de la soberanía-consustancial, en Francia, a la noción de Estado y, en segundo lugar, se examinan las consecuencias que la legislación de la UE podría producir sobre la situación de los nacionales franceses, que se han convertido, desde el Tratado de Maastricht, en ciudadanos de la Unión Europea. Los dos términos de la importante relación política, Estado y ciudadanos, se encuentran sin duda bajo la influencia del Derecho de la Unión Europea.The construction of the European Union has consistently interacted with national legal orders which it proceeds. The set of rules coming from EU Law has challenged the basic notions and the old legal categories built by national legal systems. This article considers the impact of EU law on the important notion of sovereignty - consubstantial, in France, to the notion of State and, secondly, examines what consequences the EU law could produce regarding the status of French nationals, which have become, since the Treaty of Maastricht, citizens of the European Union. The two terms of the major political relation: State and citizen, are definitely under EU Law influence.

scholarly journals THE ESSENCE AND METHODS OF COERCION IN THE CATEGORIES OF PHYSICS (CRIMINAL-LEGAL ISSUES)

2018 ◽  
Vol 2 (2) ◽  
pp. 10-13
Author(s):  
Mikhail Semenovich Greenberg
Keyword(s):  
Theoretical Analysis ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Status ◽  
Scope Of Application ◽  
The Subject ◽  
The Difference ◽  
The Impact

The Subject. The article is devoted to impact of coercion to the difference of legal statuses between law-obedient individuals and abusers.The purpose of the article is to identify the difference between the impact of coercion on law-obedient citizens and abusers.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of social modeling.Results, scope of application. It is proved that a certain difference (in the categories of phys-ics) should exist between the legal status of law-obedient individuals and abusers there is a certain difference. Where there is no such difference, there is no place for coercion.Conclusions. The author comes to the conclusion that the essence of any punishment is the deprivation of certain benefits, which means the difference between the status of a person who did not conflict with the criminal law and those who entered into such a conflict. The magnitude of the difference depends on the severity of the crime.

scholarly journals Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union

2021 ◽  
pp. 277-306
Author(s):  
Tran Cong Thiet ◽  
Vu Thi Duyen Thuy
Keyword(s):  
European Union ◽  
Developed Countries ◽  
Developing Nations ◽  
Legal Issues ◽  
Environmental Damage ◽  
The European Union ◽  
Environmental Laws ◽  
Damage Compensation ◽  
Legal Provisions ◽  
The Law

In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.

The Mental Health and Social Exclusion European Network

2000 ◽  
Vol 5 (3) ◽  
pp. 245-251 ◽  
Author(s):  
Luigi Leonori ◽  
Manuel Muñoz ◽  
Carmelo Vázquez ◽  
José J. Vázquez ◽  
Mary Fe Bravo ◽  
...  
Keyword(s):  
Mental Health ◽  
European Union ◽  
Social Exclusion ◽  
Mentally Ill ◽  
Outcome Evaluation ◽  
World Federation ◽  
The European Union ◽  
Capital Cities ◽  
Homeless Mentally Ill ◽  
The Impact

This report concerns the activities developed by the Mental Health and Social Exclusion (MHSE) Network, an initiative supported by the Mental Health Europe (World Federation of Mental Health). We report some data from the preliminary survey done in five capital cities of the European Union (Madrid, Copenhagen, Brussels, Lisbon, and Rome). The main aim of this survey was to investigate, from a mostly qualitative point of view, the causal and supportive factors implicated in the situation of the homeless mentally ill in Europe. The results point out the familial and childhood roots of homelessness, the perceived causes of the situation, the relationships with the support services, and the expectations of future of the homeless mentally ill. The analysis of results has helped to identify the different variables implicated in the social rupture process that influences homelessness in major European cities. The results were used as the basis for the design of a more ambitious current research project about the impact of the medical and psychosocial interventions in the homeless. This project is being developed in 10 capital cities of the European Union with a focus on the program and outcome evaluation of the health and psychosocial services for the disadvantaged.

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