Academic literature on the topic 'Principle of an Effective Judicial Protection'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Principle of an Effective Judicial Protection.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Principle of an Effective Judicial Protection"
1
Prechal, Sacha. "Effective Judicial Protection: some recent developments – moving to the essence." Review of European Administrative Law 13, no. 2 (July 24, 2020): 175–90. http://dx.doi.org/10.7590/187479820x15930701852319.
Full textAbstract:
This article looks briefly into the evolution of the principle of effective judicial protection in EU law and into the relationship between the different manifestations of that principle, which is by now given expression in Article 47 CFR, Article 19 TEU and various provisions of secondary law. Next, it focusses on recent developments in the case law of the Court of Justice of the EU, which concern two central aspects of the principle of effective judicial protection: the compliance with court judgments and the independence of the judiciary. As far as the first topic is concerned, two rather extreme cases addressed the issue what should be done, as a matter of EU law, in situations where a public authority refuses to comply with a final judicial decision. Then the article continues by discussing the independence of the judiciary as a key rationale for the principle of effective protection. In particular, it summarizes the increasingly detailed requirements to be satisfied in order to protect the independence of judges and indicates how an alleged lack of independence should be assessed in a concrete case.
2
Bonelli, Matteo. "Effective Judicial Protection in EU Law: an Evolving Principle of a Constitutional Nature." Review of European Administrative Law 12, no. 2 (December 31, 2019): 35–62. http://dx.doi.org/10.7590/187479819x15840066091240.
Full textAbstract:
Effective judicial protection emerged as a EU law principle in the 1980s, operating alongside the Rewe principles of equivalence and effectiveness as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates not only as a procedural principle, but also as a more substantive and structural one, and has generally acquired broader constitutional relevance. This evolution has crucial effects on the EU legal order: most importantly, it affects the division of competences between Member States and the EU, and between the Court of Justice and national courts.
3
Engström, Johanna. "The Principle of Effective Judicial Protection after the Lisbon Treaty." Review of European Administrative Law 4, no. 2 (December 1, 2011): 53–68. http://dx.doi.org/10.7590/real_2011_02_04.
Full text
4
Reneman, Marcelle. "An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?" European Journal of Migration and Law 12, no. 4 (2010): 407–34. http://dx.doi.org/10.1163/157181610x535764.
Full textAbstract:
AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.
5
Kochańska, Paulina. "The requirement for effective judicial protection as a part of the Rule of Law in European Union law." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 51–67. http://dx.doi.org/10.19195/1733-5779.35.4.
Full textAbstract:
This article aims to present the importance of ensuring effective judicial protection in the Member States of the European Union. Within the scope of the study, the substance and content of the rule of law were studied, with particular emphasis of court independence, an important part of the effective judicial protection principle (article 19 TEU and article 47 Charter of Fundamental Rights). The perspective was captured in general, directing the considerations directly towards the principle of effective judicial protection. The legal analysis was carried out in the light of the recent case-law of the Court of Justice of the European Union, and enriched by the analysis of the EU law doctrine.
6
Tsourdi, Evangelia (Lilian). "Of Legislative Waves and Case law: Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy." Review of European Administrative Law 12, no. 2 (December 31, 2019): 143–66. http://dx.doi.org/10.7590/187479819x15840066091286.
Full textAbstract:
This article explores the multifaceted relationship between the principle of effective judicial protection, the fundamental right to an effective remedy, and secondary EU procedural rules in asylum. Proceduralisation has been an explicit goal of the EU asylum policy since its inception. It has materialised in three legislative waves. The first resulted in the creation of a basic set of procedural guarantees, alongside a plethora of exceptional procedures. The second resulted in modest improvements in terms of harmonisation, and adherence to fundamental rights, but saw exceptional procedural arrangements either retained or introduced. The third, forthcoming wave, aims at further harmonisation that risks, however, being heavily focused on the underlying goal of externalising protection to third countries. Case law of the Court of Justice of the European Union has further refined procedural guarantees shaping national procedural autonomy. Drawing from the Charter rights to good administration and to an effective remedy, the Court has not shied away from adducing additional procedural requirements. It has also clarified how the principle of effective judicial protection and the Charter right to an effective remedy relate to each other, finding that the latter reaffirms the principle of effective judicial protection and largely aligning their scope. The emerging procedural landscape is increasingly complex. The Court's nuanced assessments combined with a plethora of exceptional arrangements at national level led to convoluted standards that are increasingly difficult to put in practice.
7
Warin, Catherine. "A Dialectic of Effective Judicial Protection and Mutual Trust in the European Administrative Space: Towards the Transnational Judicial Review of Manifest Error?" Review of European Administrative Law 13, no. 4 (January 21, 2021): 7–31. http://dx.doi.org/10.7590/187479820x16098444161640.
Full textAbstract:
The courts of the EU's Member States have a duty to ensure the effective protection of individuals who are confronted with administrative decisions potentially infringing their rights. However, the principle of mutual trust is often understood as a limit to this protection. This is in so far as it requires domestic courts to abstain from reviewing decisions made by administrations of other Member States, even though such decisions may have effects beyond national boundaries. As transnational administrative procedures become increasingly frequent, this article analyses the implications of the principles of effective judicial protection and of mutual trust on the review of such procedures by domestic courts. It shows how, by gradually allowing domestic courts to review certain types of manifest errors committed beyond their national jurisdiction, the CJEU is moving past the apparent opposition of these principles. It finally argues that developing the transnational judicial review of manifest error may help improve the effective judicial protection of individuals.
8
Shabalin, Andrii. "Judicial procedural issues of choosing an effective method of legal protection in civil cases." Theory and Practice of Intellectual Property, no. 3 (September 7, 2021): 67–75. http://dx.doi.org/10.33731/32021.239585.
Full textAbstract:
Keywords: civil procedural protection, court effective way of protection, civilprocess
The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been established. It is indicated that the court is empowered to choose an effectivemethod of legal protection exclusively within the limits of the statement ofclaim — claims are detailed. It is emphasized that when choosing an effective methodof protection, the principle of the rule of law must be observed, in accordance with theprovisions of Article 10 of the Civil Procedural Code of Ukraine (“CPCU”). This meansthat an effective method of legal protection must be correlated with the provisions ofthe Convention for the protection of human rights and fundamental freedoms and thecase law of the European Court of Human Rights. This universal provision applies toall cases of claim proceedings, namely the claim, which are decided by the rules ofcivil procedure. The peculiarity of the court's use of an effective method of protectionin civil cases is that it can choose an effective method of legal protection only in courtcases in which the claim is considered, as well as when the law or agreements do notdetermine the effective method of legal protection. On the basis of the conducted scientificresearch, the author has developed own gradation of legal criteria of choice bycourt of an effective way of legal protection at consideration of civil cases. Such a gradationis universal for all cases considered by the court under the rules of civil procedure.Exceptions to the above regarding the application of a specific method of protectionare cases related to compensation for damage caused to an individual as a resultof withdrawal of an insolvent bank from the market or liquidation of the bank.
9
Gentile, Giulia. "Ensuring Effective Judicial Review of EU Soft Law via the Action for Annulment before the EU Courts: a Plea for a Liberal-Constitutional Approach." European Constitutional Law Review 16, no. 3 (September 2020): 466–92. http://dx.doi.org/10.1017/s157401962000022x.
Full textAbstract:
Judicial review of EU soft law – Liberal-constitutionalism – Principle of effective judicial protection – The liberal-constitutional jurisprudence of the European Court of Justice – Action for annulment – Formalistic understanding of the concept of ‘legally binding effects’ – Preliminary ruling procedure – Limitations of the preliminary ruling procedure in granting effective judicial protection in relation to EU soft law – A plea for a liberal-constitutional reading of Articles 263 and 288 TFEU in relation to direct review of EU soft law
10
Brito Bastos, Filipe. "An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law." European Constitutional Law Review 16, no. 1 (March 2020): 63–90. http://dx.doi.org/10.1017/s1574019620000073.
Full textAbstract:
Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality
Dissertations / Theses on the topic "Principle of an Effective Judicial Protection"
1
Drake, Sara C. "The principle of effective judicial protection in actions for breach of community law before the national courts." Thesis, University of South Wales, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323600.
Full text
2
Orthmann, Mark. "Der Informationsanspruch zum Nachweis des Kartellschadens aus der Perspektive des Rechtsanwalts." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2014. http://dx.doi.org/10.18452/17053.
Full textAbstract:
Die Arbeit soll zeigen, dass es zu einer breiteren Durchsetzung von Schadensersatzansprüchen wegen kartellrechtswidrigem Verhalten eines eigenständigen Informationsanspruchs des Rechtsanwalts als Organ der Rechtspflege gegenüber der EU-Kommission und den deutschen Kartellbehörden bedarf, und zwar sowohl aus tatsächlicher Notwendigkeit, als auch auf Grund europarechtlicher und grundgesetzlicher Vorgaben. Anhand des europarechtlichen Effektivitätsgrundsatzes aus Art. 4 Abs. 3 EUV und des Rechts auf effektiven Rechtsschutz aus Art. 47 der EU-Grundrechtecharta bzw. des Justizgewährungsanspruchs als Ausfluss des Rechtsstaatsprinzips, Art. 20 Abs. 3 GG, wird erörtert, wie ein solcher Anspruch mindestens beschaffen sein muss. Die Untersuchung bestehender, sekundärrechtlicher und einfachgesetzlicher Dokumentenzugangs-, Auskunfts- und Akteneinsichtsansprüche ergibt, dass bereits nach geltender Rechtslage dem Rechtsanwalt ein Informationsanspruch gegenüber der Europäischen Kommission und den deutschen Kartellbehörden zusteht. Die Interpretation der betreffenden Tatbestände nimmt hierbei die europarechtlichen und grundgesetzlichen Vorgaben auf und bewegt sich im Rahmen zulässiger Auslegung. Daneben wird ein Vorschlag unterbreitet, wie der Informationsanspruch über die Mindestvorgaben hinaus ausgestaltet werden könnte.The work reveals that a for a better private enforcement of competition law in the form of damages claims an independent right of information vis-à-vis the EU-Commission and the German Cartel Authorities for an attorney without a client and a mandate is needed. This need not only derives from the factual necessity but also from European primary law and the German Grundgesetz. In light of the European principle of effectiveness, Article 4 para. 3 TEU, and the right to effective judicial protection, Article 47 EU Charter of Fundamental Rights and Article 20 para. 3 German Grundgesetz respectively, the author develops the right and its boundaries. The examination of information rights and rights to access documents in EU secondary law and German law then shows that an independent right of information and access to documents for an attorney without a client and a mandate already exists if the law is interpreted in accordance with the EU primary law and the German Grundgesetz. The author further develops a recommendation as to how such an information right could be extended beyond its core that is determined by EU primary law and the German Grundgesetz.
3
Weingerl, Petra. "Effective judicial protection and damages in EU law : the case for the deterrent effect." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:a1660481-6d12-45aa-ba0b-6dbbae17e2f0.
Full textAbstract:
The aim of the thesis is to examine whether the prohibition of overcompensation in the Antitrust Damages Directive is compatible with the EU legal and normative framework. To this end, the analysis is carried out on two levels. First, the rationale for damages in the selected jurisdictions (England, France and Germany) and in the EU is examined to test the main underpinning justification for the prohibition of overcompensation in the Antitrust Damages Directive, i.e. the 'European legal tradition argument'. Second, the thesis addresses broader constitutional implications that underpin the debate on the desirability of the pursuit to prohibit overcompensation in the EU. These entail questions pertaining to the adoption of such measures and, thus, exploring whether the EU has the legitimacy to legislate and the related question of competence and the choice of the appropriate legal basis. The argument to be advanced in this thesis is that the aim of achieving a sufficient level of deterrence with awarding damages for EU competition law infringements stems from the very conceptual basis in which the right to damages is grounded - the principle of effective judicial protection and the principle of effectiveness. Thus, as the analysis reveals, the prohibition of overcompensation is inconsistent with the EU legal framework, since it has potential to jeopardise the deterrent or dissuasive function of antitrust damages actions. The prohibition of overcompensation has significantly contributed to the business-biased gist of the Directive, and thus to breaking the link between the rationale for the right to damages for EU competition law infringements, the legal basis and the content of the Directive. The thesis ultimately argues that the Directive's prohibition is incompatible with the principles of conferral, subsidiarity and proportionality, and to a considerable extent inconsistent with the EU's legal and normative framework.
4
Christofi, Despina. "Effective judicial protection of bank depositors during the financial crisis and arbitration in an EU context." Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/24012/.
Full textAbstract:
It is generally assumed that the EU law regime excludes arbitration from its scope, since issues of EU law must be resolved within the EU legal order, according to the wording of the Treaties and the case law of the CJEU. It is also assumed that courts offer adequate and effective protection to litigants, thus arbitration does not make any further contribution to parties. This thesis challenges these ontological assumptions, using the case of bank depositors, and aims to investigate whether courts within the EU protect bank depositors effectively or whether arbitration would offer further protection. For this purpose, the nature of bank deposits is considered, and the approach of courts and arbitrators towards depositors are comparatively analysed, based on effectiveness of protection, as the appropriate tool of assessment. The findings of this examination lead to the final research question regarding the role, if any, of arbitration within the EU legal order and the relationship between arbitration and litigation, in particular within the context of the global financial crisis. Thus, the central argument of this thesis is that, if it is accepted that arbitration does have a place in the EU legal order, and based on the argument that bank deposits qualify as investment, bank depositors can enjoy the protection offered by international investment arbitration, which can protect them more effectively than litigation The originality of this work centers around three points. Firstly, this thesis aims to use the principle of effectiveness in a substantial sense rather than its procedural meaning, considering whether individuals do not only access the justice, but also being remedied effectively. Secondly, this thesis argues that bank deposits can be treated as investment, thus depositors could enjoy further protection offered by investment law. Finally, the thesis supports that the EU law regime does have some place available for arbitration, albeit its traditional exclusion, especially during the particular period of the financial crisis.
5
Torres, Zuñiga Natalia. "Justiciability of regressive measures of social rights. Some reflections about their judicial protection in Latin America." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115938.
Full textAbstract:
This article has as aim to reflect about the protection of economic, social and cultural rights before the regressive measures adopted by governments in Latin America, as well as of the different levels of jurisdictional tutelage that those receive. The document develops the concept of a regressive measure and the scope of the non-regression principle, furthermore, it shows the experience of the Constitutional Courts from Peru and Colombia and the organs of the Interamerican System of Human Rights regarding the protection of social rights.El presente artículo tiene por propósito plantear una reflexión sobre la protección jurisdiccional que reciben los derechos sociales frente a la adopción de medidas regresivas en Latinoamérica por parte de los Estados, así como de los diversos grados de tutela jurisdiccional que aquellos reciben. El artículo desarrolla la noción de regresividad y los alcances del principio de prohibición de regresividad, así como la experiencia de las Cortes Constitucionales de Perú y Colombia y de los órganos el Sistema Interamericano de Derechos Humanos en torno a la protección de los derechos sociales.
6
Rydén, Erik. "Exploring the Scope of Article 19(1) TEU: A New Horizon for the Enforcement of the Rule of Law in EU Member States?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431684.
Full text
7
Minot, Lilian. "Le juge administratif du référé-libéré et la protection effective des droits et libertés fondamentaux des administrés." Thesis, Dijon, 2011. http://www.theses.fr/2011DIJOD009.
Full textAbstract:
Longtemps, en matière de protection effective des droits et libertés fondamentaux des administrés, le juge administratif a été relégué au second plan, derrière son homologue judiciaire, en raison d’une inefficacité chronique de ses procédures d’urgence. Le législateur a cependant remédié à cette défaillance en créant, notamment, le référé-liberté dont l’objectif avoué était de faire du juge administratif un véritable juge des libertés, au même titre que le juge judiciaire de la voie de fait administrative. En dix années d’application, le juge administratif a su pleinement se saisir de l’opportunité qui lui a ainsi été donnée de concurrencer le juge judiciaire par une politique jurisprudentielle évolutive et constructive. Cette politique s’est traduite par une conception très extensive de la notion de « libertés fondamentales », et par l’avènement de véritables mesures injonctives au service de celles-ci. L’étendue des libertés jugées comme fondamentales et celle du degré de leur protection vont indéniablement dans le sens de l’accession du juge administratif des référés au rang de protecteur effectif des droits et libertés fondamentaux des administrésRegarding citizens’ effective protection in terms of fundamental rights and liberties, the administrative judge has, for a long time, been overshadowed by his judicial counterpart, because of a chronic ineffectiveness concerning urgency procedures. However, lawmakers have redressed that situation in particular by creating the “freedom summary procedure” which explicitly aimed at transforming the administrative judge into an actual custodial judge in the same way the judicial judge is for illegal administrative acts. In the ten years following that creation, the administrative judge has fully seized the opportunity to compete with the judicial judge thanks to a progressive and constructive judicial policy. This policy resulted in a significantly extended conception of the notion of “fundamental liberties” and in the appearance and development of injunctive actions to protect them. The range of liberties considered as fundamental as well as the consequent degree of their protection will undeniably serve the aim of a rise of the administrative judge to the rank of effective protector of the citizens’ fundamental rights and liberties
8
Gorigoitía, Abbott Felipe. "La Subsanación de los defectos procesales." Doctoral thesis, Universitat Pompeu Fabra, 2012. http://hdl.handle.net/10803/94488.
Full textAbstract:
El presente trabajo trata acerca de la subsanación de los defectos procesales en el procedimiento civil español. Se funda en la tesis de la subsanación como el mecanismo prioritario de eliminación de imperfecciones, por sobre la nulidad o la inadmisión, lo que se explica por la clara inspiración antiformalista del sistema procesal vigente y, al menos en lo que respecta a las actuaciones de parte, por el influjo de la tutela judicial efectiva, como garantía procesal de rango constitucional.
La investigación comienza situando histórica y conceptualmente la subsanación, para luego analizarla dentro del contexto de la teoría de la invalidez procesal y concluir estudiando sus aspectos procedimentales más relevantes. Todo lo anterior, con el objetivo de elaborar un estudio sistemático de una institución que ha adquirido gran trascendencia práctica, pero ha gozado de poca atención por parte de la doctrina.This work is about the correction of the procedural defects in the Spanish civil procedure. It is based on the assumption that the correction is a priority mechanism to eliminate imperfections, over the invalidity or rejection, which is explained by the anti-formalist inspiration of the current procedural system and, at least with respect to the actions of part by the influence of effective judicial protection as a constitutional right. The research begins by situating historically and conceptually the correction. Then, it analyzes the correction within the context of the theory of procedural invalidity and concludes by studying its most important procedural aspects. The objective is to develop a systematic study of an institution that has acquired great practical importance, but has enjoyed little attention by the doctrine.
9
Andrade, José Undário. "A adequação do procedimento judicial ao caso concreto: reaproximação entre o direito material e o processo." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6607.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:23:17Z (GMT). No. of bitstreams: 1
Jose Undario Andrade.pdf: 504544 bytes, checksum: 0364ba42ca3f8f04e8cb9f24b406ada1 (MD5)
Previous issue date: 2014-09-25The present study has as its object the study of the power of the civil court and judges to tailor the procedure provided by law to the case. If one side of the legislator 's duty to create the necessary procedures for protection of the right materials provided abstractly, it seems necessary to understand that it is also given to the magistrate, and some uniquely contoured on a theoretical level, a related power so that it can perform precisely the same activity. We believe that this possibility is due to the Brazilian legal and constitutional system, which besides allowing the general control of the constitutionality of laws, including under the rules of procedure; expressed the need to reach the constitutional dictates of a timely judicial review and above all effective, it also has to be better suited to resolve the factual issues that are brought to the Judiciary. Was this attempted rapprochement between the substantive and procedural law, through the study of differentiated guardianships, as well as the principles of instrumentality and fungibility, which moved us to try to establish criteria for this adequacy is reached by the judge in his activity, preserved since the constitutional principles and parameters. That's what we intend to identify and propose
Este trabalho tem como objeto o estudo do poder do juiz cível de adequar o procedimento previsto em lei ao caso concreto. Se de um lado o legislador tem o dever de criar os procedimentos necessários à tutela do direito material abstratamente previsto, entendemos parecer necessário que seja também conferido ao magistrado, excepcionalmente e com alguns contornos definidos no plano teórico, um poder correlato para que ele possa realizar concretamente essa mesma atividade. Entendemos que essa possibilidade é decorrência do próprio sistema jurídico-constitucional brasileiro, que além de permitir o controle difuso da constitucionalidade das leis, inclusive, sob as regras de procedimento; expressa a necessidade de que para o alcance dos ditames constitucionais de uma tutela jurisdicional tempestiva e, sobretudo efetiva, tenha também ela de ser adequada para melhor resolver as questões fáticas que são postas ao Poder Judiciário. Foi essa tentativa de reaproximação entre o direito material o processo, passando pelo estudo das tutelas diferenciadas, bem como de princípios como o da instrumentalidade e da fungibilidade, que nos moveu a tentar estabelecer critérios para que essa adequação seja alcançada pelo juiz em sua atividade, desde que preservados os princípios e parâmetros constitucionais. É o que pretendemos identificar e propor
10
Schwaller, Émilie. "La protection des droits fondamentaux des entreprises en droit des aides d'Etat." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA019/document.
Full textAbstract:
Dans l’Union européenne, la nécessité de mieux protéger les droits fondamentaux favorise la recherche d’un nouvel équilibre entre équité et efficacité procédurales. La thèse examine les incidences de ce phénomène en droit des aides d’État, qui se caractérise par sa technicité et sa sensibilité politique, puisqu’il confie à la Commission le droit exclusif d’autoriser ou d’interdire les aides que les États membres projettent de verser à certaines entreprises. Bien que celles-ci soient en principe reconnues comme des sujets de droit fondamental, le contrôle des aides d’État fait figure d’exception, puisqu’il n’offre quasi-aucune garantie procédurale lors de la phase administrative, apparaît souvent imprévisible aux entreprises et retient une norme de contrôle juridictionnel largement perfectible, tant en matière de légalité que d’exécution. Ce constat plaide pour une réforme, dont l’étude examine quelques pistesIn the European Union, the need to better protect fundamental rights calls for research into finding a new balance between procedural fairness and efficiency. The thesis examines the impact of this phenomenon in State aid law which is characterized by its technical nature and its political sensitivity since it confers on the Commission the exclusive right to authorize or prohibit aids that Member States plan to grant to certain companies. Although these businesses are in principle recognized as legal persons in regards to fundamental rights, the State aid control is an exception since it offers almost no procedural guarantees during the administrative phase, often appears unpredictable to companies and maintains a standard of judicial control that could be considerably improved, both in terms of legality and enforcement. This observation argues for a reform that the study examines in the following lines of thought
Books on the topic "Principle of an Effective Judicial Protection"
1
Arai-Takahashi, Yutaka. The margin of appreciation doctrine and the principle of proportionality in the jurisprudence of the ECHR. Antwerp: Intersentia, 2002.
Find full text
2
Office, General Accounting. Foreign affairs: Internally displaced persons lack effective protection : report to the Chairman and the ranking minorty member, Committee on Foreign Relations, U.S. Senate. Washington, D.C: The Office, 2001.
Find full text
3
Goremykin, Sergey. Relay protection and automation of electric power systems. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1048841.
Full textAbstract:
The textbook describes the main issues of the theory of relay protection and automation of electric power systems. The structure and functional purpose of protection devices and automation of power transmission lines of various configurations, synchronous generators, power transformers, electric motors and individual electrical installations are considered. For each of the types of protection of the above objects, the structure, the principle of operation, the order of selection of settings are given, the advantages and disadvantages are evaluated, indicating the scope of application. The manual includes material on complete devices based on semiconductor and microprocessor element bases. The progressive use of such devices (protection of the third and fourth generations) is appropriate and effective due to their significant advantages. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is intended for students in the areas of training 13.03.02 "Electric power and electrical engineering" (profile "Power supply", discipline "Relay protection and automation of electric power systems") and 35.03.06 "Agroengineering" (profile "Power supply and electrical equipment of agricultural enterprises", discipline "Relay protection of electrical equipment of agricultural objects"), as well as for graduate students and specialists engaged in the field of electrification and automation of industrial and agrotechnical objects.
4
Dergunova, Viktoriya, and Anastasiya Prokopova. Analysis of legal regulation and judicial practice of resolving disputes between parents about children. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1218051.
Full textAbstract:
The monograph is a comprehensive study of the current practice of resolving cases on determining the place of residence of children, the procedure for communicating with them separately living parents and other relatives; restriction and deprivation of parental rights; on the departure of children outside the Russian Federation and return within the framework of the Convention on Civil Aspects of International Child Abduction of 1980, the Convention on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in relation to Parental Responsibility and Measures for the Protection of children of 1996.The relations that develop between the child and parents, the child and the court, parents and the court, as well as parents as parties to the process are analyzed. The central place is occupied by the study of the content of the concept of the best interests of the child as a guarantee of the protection of his rights and the vector of development of the current legislation. The cases of abuse of parental rights and improper performance (or non-performance) of parental duties, illustrated by current judicial practice, are considered. The analysis is presented: measures of family legal responsibility, including restriction and deprivation of parental rights in connection with non-execution of a court decision on the upbringing of a child; features of the application of principle 6 of the Declaration of the Rights of the Child in resolving disputes about the place of residence of children; the possibility of taking interim measures in disputes between parents about upbringing; the ratio of legal and psychological categories in child-parent relations in order to apply special knowledge; the procedure for conducting forensic examinations in these categories of cases. Finally, the possibilities of out-of-court settlement of some family disputes, including through mediation, are investigated.
For a wide range of readers interested in the rights of the child. It will be useful for students, postgraduates and teachers of law schools.
5
Drake, Sara C. The principle of effective judicial protection in actions for breach of community law before the national courts. 2000.
Find full text
6
Hatje, Armin, and Peter-Christian Müller-Graff, eds. XXIX. FIDE-Kongress. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748926061.
Full textAbstract:
This volume brings together the German national reports on the topics of the XXIX FIDE Congress. They deal with three current Union law issue areas: The role of national courts in the enforcement of Union law (application between private parties, primacy of application, principle of mutual recognition, judicial independence, effective judicial protection, duty of referral to the ECJ); the new EU data protection regime (the national concretisation of responsibilities, rights and enforcement as well as data processing for national security purposes); the digital economy as a challenge for EU competition law (antitrust relevance, market definition and market power, anti-competitive behaviour, ex-post enforcement and ex-ante regulation).
7
Effective Judicial Protection And the Environmental Impact Assessment Directive in Ireland. Hart Pub, 2008.
Find full text
8
Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.
Full textAbstract:
This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
9
Pierre, d’Argent, and de Ghellinck Isabelle. Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0036.
Full textAbstract:
Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.
10
Capaldo, Giuliana Ziccardi. Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0001.
Full textAbstract:
This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limitations to crimes against humanity.She stresses the need to enhance the effectiveness of the supervisory role of the ECtHR in ensuring the observance of jus cogens human rights principles—of which the ECHR “forms part”—through a unitary approach of courts to the fight against impunity based on an evolutionary interpretation of the Convention, which would provide more effective and integrated protection of such rights.
Book chapters on the topic "Principle of an Effective Judicial Protection"
1
Pastor-Merchante, Fernando. "The Overlap Between the Principles of Effectiveness and Effective Judicial Protection in Union Law." In Fundamental Rights Challenges, 211–28. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-72798-7_11.
Full text
2
Onida, Valerio. "Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights." In Remedies against Immunity?, 331–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_17.
Full textAbstract:
AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.
3
Pernice, Ingolf. "The Right to Effective Judicial Protection and Remedies in the EU." In The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence, 381–95. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-897-2_21.
Full text
4
Prechal, Sacha. "The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?" In Fundamental Rights in International and European Law, 143–57. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-088-6_7.
Full text
5
Su, Haijian. "Study on Providing Judicial Protection by Procuratorate for Building a Resource Effective Society." In Information and Business Intelligence, 542–47. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29087-9_84.
Full text
6
Covelo de Abreu, Joana. "The Role of Artificial Intelligence in the European e-Justice Paradigm – Suiting Effective Judicial Protection Demands." In Progress in Artificial Intelligence, 299–308. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-30241-2_26.
Full text
7
Sommermann, Karl-Peter. "Constitutional State and Public Administration." In Public Administration in Germany, 17–33. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_2.
Full textAbstract:
AbstractGerman public administration is rooted in the tradition of the Rechtsstaat, which aims at the protection of human dignity and individual freedom by providing rules, principles and institutions that ensure the prevention of arbitrary state action and the protection of individual rights. At supranational and international levels, the principle of the Rechtsstaat has been merging with the common law concept of the rule of law. A dynamic interpretation of the Basic Law (the German constitution) of 1949 by the Federal Constitutional Court has constantly specified and extended the normative scope of the fundamental rights, which are directly binding on the legislative, executive and judicial powers. The constitutional principle of the social state (Sozialstaat) has enhanced not only the dynamic evolution of the law, but also the creation of largely equivalent levels of infrastructure and services in the different territories of the German state.
8
Schroeder, Werner. "The Rule of Law As a Value in the Sense of Article 2 TEU: What Does It Mean and Imply?" In Defending Checks and Balances in EU Member States, 105–26. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_5.
Full textAbstract:
AbstractThe rule of law is a value on which the European Union is founded, and which shall be respected and observed by its Member States. This value is not merely an ethical standard but a binding legal principle that is applicable to legal disputes under Union law. The treaties, however, do not provide a definition of this principle. From a Union law perspective, it is therefore indispensable to determine the rule of law more precisely; not only is it referred to in treaty law (Article 2 TEU), but understood by Union courts as a constitutional meta-principle that informs other constitutional norms and may justify review proceedings and sanctions against Member States. The Commission Framework to strengthen the Rule of Law of 2014 does not suffice to shape a ‘Union rule of law’. It relies primarily on the case law of the Court of Justice of the European Union. Yet, this judicial concept of the rule of law is somehow restricted as it focuses almost exclusively on the role of the judicial branch in the Union’s constitutional system. Common European constitutional traditions, however, show that the core concern of the rule of law is the containment of public authority by institutional arrangements. In view of these traditions and the practice of the Union institutions, including the CJEU, consensus at the Union level might be achieved on the fact that the rule of law comprises not only strictly formal standards, but also material criteria of justice related to the juridical shaping of decision-making processes. These elements of the rule of law are intrinsically linked to fundamental rights and shall ensure that within the scope of Union law any public power is exercised in a non-arbitrary and legitimate way. To this end, the Union rule of law may not only be understood as a formal set of objective norms, but as ensuring the protection of individual rights as well.
9
Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock." In Remedies against Immunity?, 191–208. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.
Full textAbstract:
AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
10
Prechal, Sacha, and Rob Widdershoven. "Principle of effective judicial protection." In Controlling EU Agencies, 80–97. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781789905427.00012.
Full textConference papers on the topic "Principle of an Effective Judicial Protection"
1
Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
Full textAbstract:
"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"
2
Postlewaite, L. "Implementing a Safety and Environmental Management System Within Canadian Regulatory Agency." In 2002 4th International Pipeline Conference. ASMEDC, 2002. http://dx.doi.org/10.1115/ipc2002-27294.
Full textAbstract:
The National Energy Board (NEB) believes that effective management systems are an integral part of managing safety and protection of the environment. Management systems allow for flexibility while ensuring that a comprehensive approach to managing risk is taken. This paper focuses on taking the systems approach to safety and environmental management in a quasi-judicial regulatory environment, particularly the NEB. The NEB is developing and implementing a Safety and Environmental Management System (SEMS) using the same “principle-based approach” as the internationally recognized ISO 14001 standard and OHSAS 18001 specification. It is the understanding of the NEB that it is the first regulatory agency in Canada to formally implement a safety and environmental management system to improve internal programs and processes. Under the goal-oriented Onshore Pipeline Regulations - 1999, the NEB requires pipeline companies to “develop and implement an environmental protection program to anticipate, prevent, mitigate and manage conditions that have a potential to adversely affect the environment”. While no regulations require the NEB to implement a management system, the NEB is proactively taking its own advice and meeting the same requirements of the companies it regulates. The development and implementation of the SEMS will help to consolidate and integrate internal NEB safety and environmental efforts as well as assist in clarifying their regulatory role, expectations, and responsibilities in regards to safety and environmental protection. The NEB has completed the first step of the development and implementation of the SEMS, including the development and communication of the NEB Environmental Policy and a draft of an integrated Safety & Environmental Policy; identification of objectives, targets and performance indicators; and improvements to existing programs and processes. The NEB Environmental Policy will be phased out once the integrated policy is approved and communicated. The second step includes conducting a detailed gap analysis to identify and prioritize areas for improvement as well as integrating the SEMS into the existing NEB business planning cycle. By fully incorporating the defined SEMS into the annual NEB business planning cycle, the management system approach will be used as the basis for setting internal safety and environmental priorities, work planning and continual improvement.
3
Возкаев, Сайд-Умар Сайд-Алиевич. "JUDICIAL PROTECTION OF HOUSES OF HOUSING AND COMMUNAL SERVICES." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Май 2020). Crossref, 2020. http://dx.doi.org/10.37539/vt185.2020.46.89.028.
Full textAbstract:
Судебная защита - один из наиболее действенных способов защиты нарушенных прав, не лишённый при этом отдельных недостатков. В данной статье рассматриваются основные положения института судебной защиты прав потребителей жилищно-коммунальных услуг. Judicial protection is one of the most effective ways to protect violated rights, while not without some drawbacks. This article discusses the main provisions of the institution of judicial protection of the rights of consumers of housing and communal services.
4
Shirvanyan, Mariyana, and Vladimir Danev. "MEDIATION IN THE CONTEXT OF THE RIGHT OF EFFECTIVE DOMESTIC LAW PROTECTION MEANS." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.81.
Full textAbstract:
This report examines mediation as a legal institution that provides additional, in addition to judicial procedures, opportunities for resolving conflicts and in this aspect guarantees the protection of the rights of individuals.
5
Shirvanyan, Mariyana, and Vladimir Danev. "MEDIATION IN THE CONTEXT OF THE RIGHT OF EFFECTIVE DOMESTIC LAW PROTECTION MEANS." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.7.
Full textAbstract:
This report examines mediation as a legal institution that provides additional, in addition to judicial procedures, opportunities for resolving conflicts and in this aspect guarantees the protection of the rights of individuals.
6
MATUSESCU, Constanta, and Steluta IONESCU. "Effective Judicial Protection. Landmarks of Recent Case Law of the Court of Justice of the European Union." In 9th LUMEN International Scientific Conference Communicative Action & Transdisciplinarity in the Ethical Society. LUMEN Publishing House, 2017. http://dx.doi.org/10.18662/lumproc.16.
Full text
7
Barın, Nurgül Emine. "Principle of Interpretation in Favor of the Insuree in Turkish Social Security Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01754.
Full textAbstract:
One of the major problems encountered in the implementation of the rule of law is in the absence of the meaning of law or what it wants to tell is not clearly defined, the true meaning is revealed through interpretation. In labor law and social security law; Although the review will benefit from the rules for the common law, workers-interpretation in favor of the insuree is effective. This policy is considered as one of the fundamental policies of the Labour and Social Security Law. Located between the basic policies of business law, the protection of the workers, which is a consequence of the interpretation in favor of the insuree policy, shows itself in the form of interpretation in favor of the insuree in the social security law. One factor for necessity of supporting interpretation in favor of the insuree is, social security right is among the basic human rights. In particular, the interpretation of legislation related to the social security right by constitutional guarantee, it is important to keep in mind this basic policy. The overall purpose of the social security law is to benefit from this right by more people, namely the expansion of the scope. In this study, the place of interpretation in favor of the insuree and limitations related to this interpretation will be examined in the light of samples of Supreme Court Decisions and regarding substance of the Constitution and laws.
8
Semyakin, Mikhail. "Reformation of the Russian Civil Code in the Context of Human Rights Protection." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-20.
Full textAbstract:
In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.
9
Koshelev, Anton, and Ekaterina Rusakova. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.
Full textAbstract:
A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.
10
Göktepe, Hülya. "Globalization, Competition and Competition Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00479.
Full textAbstract:
The growth of competition law in recent years has been enormous throughout the world. This development of competition law is certainly influenced by globalization. Also, with the impact of privatization and liberalization in the last decade competition law has turned out to be a major concept in developing economies. Competition law provides the formation and protection of free competition. Modern market economy is the basis of the principle of free competition. Free competition provides an effective utilization of resources, price goes down, saving to reduce costs, find new technologies and their use in production. Desired markets, although a perfect competition market, because of market failures rather than the ideal situation monopolies, cartels can occur. At this stage, competition policies become important because they provide an efficient resource allocation, and constitutes an important element in raising the level of social welfare. Competition in the market without any intervention from inside or outside freely determine in the liberal economic systems is important. Competition law, at this stage, stepped in for the formation and protection of free competition and plays an important role. Competition law is state intervention tool in order to establish and maintain free competition in the economy. Competition laws is seen as the constitution of the economy The aim of this study is to analyze competition law rules is implemented in Turkey and Kazakhstan and to determine differences and similarities. Also Examples of decisions issued by the Turkish competition authority will be presented.