scholarly journals Some changes in the field of civil law

2006 ◽  
Vol 78 (9) ◽  
pp. 395-412
Author(s):  
Dušan Nikolić
Keyword(s):  
Separation Of Powers ◽  
Civil Law ◽  
Social Value ◽  
European Court Of Justice ◽  
The Other ◽  
The European Union ◽  
The Public ◽  
Public Benefit ◽  
Court Of Justice ◽  
European Court

In the first part of the paper, the author has outlined some changes that have happened in the field of civil law during the history, and in the second part of the paper, the author has paid attention to the modern trends, produced by the process of globalization. By analyzing certain sectors, the author has come to the conclusion that ownership title and public office are being slightly shifted from state to non-state authorities. On the other hand, this trend of the global (re)privatization has contributed to the change of attitude toward the title. The owner is expected to ewoy his title both for his own and for the public benefit. One of the most recent judgments of the European Court of Justice speaks in favor of this and it has been mentioned in this paper. This judgment supports the view that the property is not absolute and that it has a social value. The special attention is paid to the so called new institutionalism and need to question the concept of separation of powers within the European Union.

scholarly journals PROBLEMATICS OF AMENDMENTS MADE IN TENDER DOCUMENTS IN PUBLIC PROCUREMENT – THE PERSPECTIVE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

2020 ◽  
pp. 164-183
Author(s):  
Una Skrastina ◽  
Dzeina Gaile
Keyword(s):  
European Union ◽  
Analytical Method ◽  
Public Procurement ◽  
European Court Of Justice ◽  
The European Union ◽  
Legal Principles ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Made In

During the procurement process, it is often found that the tenders submitted are deficient, for example, required documents are not submitted. Given the amount of information to be provided, the types of errors are different and can apply to the qualification of the tenderer, its technical or financial tender and other aspects. In each of these situation procurement commission must evaluate whether it is possible to correct the error or the tender should be rejected. The Public Procurement Law does not contain very detailed and clear regulation on this situation. Therefore decisions of contracting authorities are often challenged and found to be unfounded. It justifies the topicality of the study. The aim of the study is to summarize and analyze the findings of the European Court of Justice to determine what legal principles and considerations have to be taken into account in such situations and to make recommendations for further action in Latvia. Research methods used are descriptive, comparative and analytical method. The study will result in suggestions as to what conditions should be considered when assessing the possibility of corrections of the tender.

scholarly journals A tale of two Europes: How conflating the European Court of Human Rights with the European Union exacerbates Euroscepticism

2021 ◽  
pp. 136914812110485
Author(s):  
Zoë Jay
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Court Of Justice ◽  
The Other ◽  
Media Discourse ◽  
The European Union ◽  
Specific Effects ◽  
European Institutions ◽  
Court Of Justice ◽  
European Court

This article focuses on the phenomenon of conflating the European Court of Human Rights with the European Court of Justice and European Union in British political and media discourse. Scholars of the European Court of Human Rights and Euroscepticism often acknowledge conflation, but rarely specify the forms it takes or its specific effects on British perceptions of the legitimacy of European institutions. This article identifies three main forms of conflation: muddled conflation, ambiguous conflation, and deliberate conflation. It shows that conflation can be both a symptom of deeper Eurosceptic disregard for the roles and purposes of distinct European institutions, and a deliberate rhetorical tool, intended to weaken the legitimacy of separate institutions by tying criticisms of one to the other. The article demonstrates that conflating the different Europes contributes to the persistence of Strasbourgsceptic narratives in the British political sphere by exacerbating pre-existing concerns and providing additional opportunities to raise them in public.

European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia (US–Fatty Alcohols), DS442

2018 ◽  
Vol 17 (1) ◽  
pp. 172-174 ◽  
Author(s):  
Jan Bohanes
Keyword(s):  
European Union ◽  
Fatty Alcohols ◽  
European Court Of Justice ◽  
The Other ◽  
The European Union ◽  
Initial Application ◽  
Court Of Justice ◽  
European Court ◽  
Industrial Solvents

The dispute concerns an anti-dumping duty, imposed in 2011 by the European Union, on imports of certain fatty alcohols and their blends originating in India, Indonesia, and Malaysia. Fatty alcohols are mainly used in the production of detergents and surfactants. They are also components of cosmetics, foods, and as industrial solvents. With respect to Indonesia, the anti-dumping duties were imposed primarily on two investigated companies, Ecogreen and Musim Mas. After the initial application of the anti-dumping duty, the Commission revised the determination in the light of an intervening judgment of the European Court of Justice that had addressed an issue of significance to an issue raised during the fatty alcohols investigation. As a result of that revision, the Commission removed a cost adjustment for one of the companies (Ecogreen), but not the other company (Musim Mas). The measure ultimately expired in the fall of 2016, at the very end of the WTO panel proceedings.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

After Kalanke and Marschall: Affirming Affirmative Action

1998 ◽  
Vol 1 ◽  
pp. 199-215 ◽  
Author(s):  
Sandra Fredman
Keyword(s):  
Affirmative Action ◽  
European Court Of Justice ◽  
Reverse Discrimination ◽  
The European Union ◽  
Advocate General ◽  
Affirmative Action Policy ◽  
Court Of Justice ◽  
European Court ◽  
Near Future ◽  
Action Case

Is it legitimate to use discriminatory policies to achieve equality? As official support for reverse discrimination or affirmative action policies becomes more common among member states of the European Union, so does the potential for legal challenge. Yet no clear answer has yet been given by the European Court of Justice. The controversial European Court of Justice decision in Kalanke, striking down an affirmative action policy, was followed only two years later by that in Marschall, which signalled a significant change in approach to affirmative action policies. This change of attitude is likely to be tested in a variety of different ways in the near future. The next affirmative action case, Badeck, is now awaiting the opinion of the Advocate General, and a Swedish case is waiting in the wings. Both these cases are likely to take the Court into far stormier waters than those already traversed in Kalanke and Marschall.

6. The preliminary ruling (Article 267 TFEU)

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the European Court of Justice (CoJ). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties.

European Court of Justice Upholds German Electricity Pricing Scheme

2001 ◽  
Vol 2 (7) ◽  
Keyword(s):  
Renewable Resources ◽  
German Law ◽  
European Court Of Justice ◽  
Electricity Pricing ◽  
Federal Law ◽  
German Government ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Pricing Scheme

A German law known as the Stromeinspeisungsgesetz (Law on feeding electricity from renewable resources into the public grid) requires producers of electricity to purchase (at a fixed, minimum price) and pass along to electricity distributors energy produced from renewable resources in the producer's area of service. (Bundesgesetzblatt (BGBl. [Register of German Federal Law] 1990 I, p. 2633). As required by Article 88 of the Consolidated EC Treaty, the German government notified the Commission of the European Communities of the law's state aid provisions in 1990, and received authorization for those provisions from the Commission. The Commission concluded that the law was consistent with the energy policy aims of the European Communities and that its impact on the industry would be slight.

Sign in / Sign up

Export Citation Format

Share Document