Literatura académica sobre el tema "Domestic – Law and legislation – Europe"
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Artículos de revistas sobre el tema "Domestic – Law and legislation – Europe"
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Dąbrowska, Anna. "Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues". Studia Iuridica Lublinensia 29, n.º 1 (29 de marzo de 2020): 67. http://dx.doi.org/10.17951/sil.2020.29.1.67-83.
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<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>
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Irakli, Tedoradze. "The Principle of Freedom of Contract, Pre-Contractual Obligations Legal Review English, EU and US Law". European Scientific Journal, ESJ 13, n.º 4 (28 de febrero de 2017): 62. http://dx.doi.org/10.19044/esj.2017.v13n4p62.
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The impregnable foreign policy of Georgia is to become a full and equal member of the world. Over the past decade the country has been actively trying to integrate into the European economy, to regulate and harmonize the legal space, which will help the state to become attractive both for the world community, as well as potential investors and significantly strengthen its position in the domestic economy. A step forward in this direction may be considered signing the EU association agreement. This event clears the way to Europe for the business of Georgia. Therefore, it is extremely important to establish the proven regulations of Europe and to develop the legal space in compliance with international standards. All of this, of course, require legislative changes within the country in terms of its development, improving and adaptation, especially civil, antitrust, antidumping and competition regulatory legislation.
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Jovanovic, Sladjana. "New criminal law responses of the Republic of Serbia to violence against women". Temida 22, n.º 2 (2019): 169–87. http://dx.doi.org/10.2298/tem1902169j.
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The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.
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Safjan, Marek. "Domestic Infringements of the Rule of Law as a European Union Problem". osteuropa recht 64, n.º 4 (2018): 552–60. http://dx.doi.org/10.5771/0030-6444-2018-4-552.
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In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.
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Mendelski, Martin. "The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe". Southeastern Europe 39, n.º 3 (22 de diciembre de 2015): 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Lisk, Joel y Melissa de Zwart. "Watch This Space: The Development of Commercial Space Law in Australia and New Zealand". Federal Law Review 47, n.º 3 (17 de junio de 2019): 444–68. http://dx.doi.org/10.1177/0067205x19856498.
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Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.
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Miladinović-Stefanović, Dušica. "Forced marriage in Serbian legislation: Between legal tradition and new legal challenges". Zbornik radova Pravnog fakulteta, Novi Sad 54, n.º 1 (2020): 289–307. http://dx.doi.org/10.5937/zrpfns54-24446.
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The right to freely decide on the conclusion or dissolution of marriage traditionally falls into the corpus of human and civil rights which are guaranteed both at the international and the national level. In Serbian legislation, the implications of being deprived of this right, particularly as a result of coercion or duress, are two-fold: in the sphere of civil law, it is one of the legal grounds for voidability of marriage (Art. 38 of the Family Act) while, in the field of criminal law, it is qualified as a special criminal offence of forced marriage (Art. 187a of the Criminal Code). The initial text of the Criminal Code did not contain the incrimination of forced marriage, it was introduced by novelties in 2016, during the process of harmonising domestic legislation with the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which was signed and ratified by the Republic of Serbia. Thus, Serbia assumed an obligation to adjust and enhance its system for the protection of victims of violence. The author in this paper seeks to examine the criminal protection from forced marriage in its historical vertical, analyzing earlier criminal-law responses to this phenomenon, critically considering the capacities of positive law, but also dealing with possible directions for its further development.
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Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses". Review of Central and East European Law 29, n.º 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.
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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.
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Alisoy, Khalida. "Developing the right to social security: the experience of European countries". Law Review of Kyiv University of Law, n.º 2 (10 de agosto de 2020): 54–58. http://dx.doi.org/10.36695/2219-5521.2.2020.09.
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Goal: analysis of the development trend of social security law in the practice of developed European countries.Methods of research: analysis and study of domestic legislation on social security.Results: The article analyzes the legislation on social security of a number of economically developed countries of WesternEurope (Germany, France, Great Britain). The main purpose of the analysis is to identify the consistency of the social security legislationof these countries with international law and to identify opportunities to benefit from the positive experience of these countries ingeneral.A high level of social protection is being established in these countries. Nevertheless, the presence of differences in the internalpolitical situation, national traditions, the level of economic development and the social sphere is noted. It is recognized that the leadingstates of Western Europe, despite their natural differences, have common values that unite them. This is due to the fact that these stateshave long recognized that social justice and social equality contribute to economic development. The European social model providesfor joint actions of states and civil society in this area, aimed at meeting the material needs of all citizens, participation in society,strengthening social cohesion.Discussion: take advantage of the experience of developed European countries in the development of social security legislation.
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Paris, Davide. "Constitutional courts as European Union courts". Maastricht Journal of European and Comparative Law 24, n.º 6 (diciembre de 2017): 792–821. http://dx.doi.org/10.1177/1023263x17747232.
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In principle, constitutional courts do not review questions of domestic compliance with EU law, as these are considered to be outside their jurisdiction. But there are several exceptions in which EU law serves as a yardstick for constitutional review. This article focuses on these exceptions from a comparative perspective. First, it describes the ‘state of the art’ by examining whether and to what extent constitutional courts already use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. Then, it explores the limits within which EU law can be invoked as a yardstick for constitutional review without jeopardizing the principle of primacy of EU law. Finally, it argues that constitutional courts should not be afraid to embrace EU law as a standard for review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.
Tesis sobre el tema "Domestic – Law and legislation – Europe"
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Giard, Timothée M. "The control of state aid to airlines by the European Commission /". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.
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The airline industry has undergone an unprecedented crisis in the aftermath of the events of September 11th, 2001 in the United States. At that time, the U.S. federal government rapidly moved to create and implement an important rescue package to ensure the sustainability of the U.S. airlines. Contrarily, the European Commission decided to keep the existing legislations and policies regarding state aid, allowing limited support from the Member States to their national carriers. For the Commission, the U.S. state-involvement in the air industry, as well as similar developments in other countries, was bound to create distortions of competition. This situation led the EU to submit a proposal to the Council and the European Parliament for a Regulation with aims to protect the Community airlines from the unfair pricing practices of state-aided non-Community air carriers. The text, modeled after the legislation applicable in the field of trade of goods, would fill a "legal void" and be a new efficient legislative tool for the Commission. Questions did arise, however, about its political legitimacy as well as its legal basis.
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Moessner, Philipp. "Slot allocation in the United States and Europe". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99146.
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The following thesis describes and analyzes the development of the U.S. slot allocation system from 1968 until today, in order to draw relevant conclusions for a new European Slot Regulation. The European Commission is currently drafting a new Slot Regulation purporting to introduce market mechanisms. A similar approach was espoused in the United States from 1986 onward, but was ultimately supplanted by overriding legislation in 2000. The analysis of the U.S. slot allocation system reveals the reasons underlying its abolition and queries whether this experience can be successfully transposed in Europe. The thesis commences by providing general information on the definition of slots, slot allocation, and airport capacity. A brief review of the European Commission's current consultation process on the implementation of market mechanisms for slot allocation follows. The main part of the thesis discusses the U.S. High Density Rule and the Rules for the Allocation and Transfer of High Density Airport Slots in historical order. Some criticisms frequently voiced assert that the Rules artificially limited access to airports, constituted barriers to market entry, restricted airline competition, generated higher fares, and yielded adverse effects on smaller communities which, in turn, lost access to key markets. Through a favorable assessment of the Rules, the thesis analyses these concerns and concludes that the suppression of the Rules was rather prompted by local political motivations than by other rationalities. However, experiences drawn from the U.S. Rules demonstrate that a future European secondary market for slots, if implemented under a grand fathering system, will likely have a positive impact on the efficiency of airport capacity, but not on access to the market and competition.
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Meintjes-van, der Walt Lirieka. "The domestic worker some considerations for law reform". Thesis, Rhodes University, 1993. http://hdl.handle.net/10962/d1003198.
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This thesis examines ways in which domestic workers in South Africa could be included within the scope of existing industrial legislation. At present the legal position of a work force of 862 000 is regulated by the common law contract of service. Socio-economic factors form the background of this investigation,which first sets out to determine whether the common-law contract of employment is capable of equitably regulating the employment relationship. The fallacy of the assumption that individuals agree on the terms of exchange in the employment contract on the basis of juridical equality, and the tenuous nature of the common-law employment relationship in the case of domestic workers are revealed. In the absence of any current statutory minima the employment contract is used to deprive domestic workers of what little protection they enjoy at common law. The two ways in which the individual employee's conditions of service can be protected from terms favouring the stronger of the two contracting parties are discussed. These are collective bargaining and statutory regulation. Difficulties experienced by domestic workers in respect of collective bargaining, whether they be included under the Labour Relations Act or not, are indicated. Proposals for including domestic workers under the Basic Conditions of Employment Act are evaluated in the light of legislation in the United States of America, Zimbabwe, Swaziland and Namibia. Ways of minimum-wage fixing are investigated, and it is concluded that the provisions of the Wage Act could be adapted for domestic workers. The 'unfair labour practice'concept is examined and the implications of its application for the domestic labour sector evaluated. It is recommended that the concept 'fairness' in the Labour Relations Act should apply to domestic workers, but that a code of practice be drafted to provide conceptions of 'fairness' as guidelines for employment behaviour. It is suggested that the parties refer disputes to mediation before being granted access to a Small Labour Court established for this purpose. In conclusion a draft code of practice is presented, as a basis for negotiation at a forum representative of the major actors in the domestic labour arena.
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Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.
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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation". Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.
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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.
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Shadley, Anna Bardes. "The Third Gate: Naturalization Legislation in Central and Eastern Europe". Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1206123091.
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Bengtson, Christina. "National parliaments and European legislation : how scrutiny procedures have adapted and why". Thesis, University of Glasgow, 2006. http://theses.gla.ac.uk/1041/.
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National parliaments have always been involved in the affairs of the European Union. They have debated and voted on joining the Community and have ratified the European treaties negotiated by their governments. On a more regular basis, national parliaments have also, to varying degrees, scrutinised European legislation and the European-level activities of their executives. Increasingly, it has been recognised that national parliaments underpin decisions taken at the European level by legitimising the actions of their executives. As Europeanisation has progressed and the impact of European legislation has become more widely felt at the domestic level, national parliaments have found that their space to manoeuvre has shrunk. National parliaments have become part of a multi-level system of governance and can no longer, singularly, determine the parameters within which they operate. The traditional model of undertaking scrutiny, with specialised European committees operating in isolation from the rest of parliament, is therefore no longer tenable. EU specialists are unable to provide the expertise on all areas covered by European integration and increasingly require the expertise found in other committees within national parliaments to perform their scrutiny adequately. Inter-parliamentary contacts have contributed to a better understanding of common parliamentary problems. Parliamentarians have become more aware of the challenges of Europeanisation and globalisation, but have also discovered ways to, collectively and individually, face these challenges. National parliaments are likely to remain firmly anchored in the domestic level, maintaining their roles as legitimisers of national executives as well as expressions of national sovereignty. They can therefore also be expected to remain independent and autonomous institutions, determining their own activities and procedures. As a consequence, the impetus behind any move by national parliaments to further develop their influence over European (or global) decision-making and activities must come from within national parliaments themselves.
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Foerderer, Jens Peter. "An unclean deal : why the European Commission was right to block GE-Honeywell". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78213.
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When the European Commission ultimately blocked the merger between American giant General Electrics and Honeywell in July 2001, this decision triggered a firestorm of criticism. Not only had the Commission just stopped a purely American transaction for the first time since the enactment of European Merger Regulation, but it also contradicted its American Counterpart, the US Department of Justice: The Americans had cleared the deal several months earlier.In spite of constant cooperative efforts during the investigation, the two antitrust agencies could not reach a common position. When scholars and officials tried to find reasons for the divergence between the American and European decisions, they often criticized the Commission's general approach of focusing on competitors rather than on consumers. They further claimed that the Commission had used dubious economic models to block the merger.
This thesis tries to reinstate the reputation of the European Commission as a professional antitrust institution. The criticisms often left the impression that the Task Force of the Directorate-General for Competition of the European Commission constituted a politically-orientated, rather than economic and legally-orientated, organ. It will be shown that this is actually not the case.
After having analyzed the Commission's decision in detail, and revealing both the strengths and weaknesses of its findings, the thesis will demonstrate that most of the criticisms have to be rejected, and that the Commission had a legal and economic basis in blocking the GE-Honeywell merger.
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Froom, Natalie Marie. "Domestic tax law v double tax treaties in the context of controlled foreign companies". Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/3559.
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The South African fiscal legislators have found it necessary to introduce anti-avoidance legislation which governs controlled foreign companies in order to counteract schemes devised by taxpayers where companies are established outside South Africa for the purpose of diverting income from the South African fiscal net. Whilst the enforcement of such legislation does have merit in that the intention behind the introduction of such domestic legislation is to prevent the erosion of the South African tax base, it is submitted that this does pose a problem from an international perspective. The objective of this treatise is to conduct a critical analysis of how compatible the South African fiscal legislation which governs controlled foreign companies is with the provisions of the double taxation agreement as prescribed in terms of the OECD Model Tax Convention (which was published in July 2010). In addition, the aim of this study is to deduce whether the purpose of the double taxation agreement is not only the avoidance of juridical double taxation but also that it addresses the avoidance of economic double taxation. This will assist in determining whether domestic controlled foreign company legislation (as embodied in section 9D of the Income Tax Act 58 of 1962) conflicts with the purpose of the double taxation agreement. By conducting an extensive research study and by depicting a certain scenario which addresses the issue at hand, the following is concluded: The tax treatment of the business profits generated by a controlled foreign company resident in a State outside South Africa and which have been generated from active business operating activities, is held to be in agreement with the provisions of the double taxation agreement. By contrast, the tax treatment of the controlled foreign company’s passive income in the form of interest income, is found not to correlate with the aforesaid agreement. As will be demonstrated in the chapters that follow, the controlled foreign company’s interest income is subjected to economic double taxation in terms of the scenario depicted in this treatise. This means that such income is taxed twice in the hands of two different taxpayers in two different States. As a result of this it is submitted that the following problem arises: Because section 9D of the Income Tax Act causes economic double taxation to occur (as illustrated in the previous paragraphs) and owing to the fact that the purpose of the double taxation agreement is the avoidance of economic double taxation, it can be shown that the section 9D domestic legislation conflicts with the terms of the double taxation agreement. This conflict is considered to be an area of concern because a contravention of the purpose of the double taxation agreement is regarded as a breach of the Contracting States’ international obligations in terms of the aforesaid agreement. It is further submitted that paragraph 23 of the OECD Commentary on article 1 and paragraph 14 of the OECD Commentary on article 7 are incorrect when they express the sentiment that domestic controlled foreign company legislation does not conflict with the provisions of the double taxation agreement. It is proposed that this be corrected to state the contrary.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences". Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
Libros sobre el tema "Domestic – Law and legislation – Europe"
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EU intervention in domestic labour law. Oxford [England]: Oxford University Press, 2007.
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Farreres, Germán Fernández. El régimen de las ayudas estatales en la Comunidad Europea. Madrid: Fundacion Universidad Empresa, 1993.
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Rencontre, internationale pour le droit de vivre en famille des immigrés en Europe (1993 Brussels Belgium). Rencontre internationale pour le droit de vivre en famille des immigrés en Europe: Bruxelles 4, 5 et 6 novembre 1993 : rapport introductif & conclusions. Paris: Publié avec l'aide de la D.G.V. de la Commission des communautés européennes et du Fonds d'action des immigrés par la Coordination pour les droits à vivre en famille, 1993.
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Martín, Valeriano Hernández. El control de las ayudas de estado en el derecho europeo. Madrid: Editorial Colex, 1999.
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Santacruz, Juan L. Arpio. Las ayudas públicas ante el derecho europeo de la competencia. Elcano (Navarra): Aranzadi Editorial, 2000.
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Council of Europe. Committee of Ministers. Emergency measures in family matters: Recommendation No. R(91)9 adopted by the Committee of Ministers of the Council of Europe on 9 September 1991 and explanatory memorandum. Strasbourg: Council of Europe Press, 1993.
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Breuer, Kai. Ehe- und Familiensachen in Europa: Das internationale Mandat mit Länderberichten. Bielefeld: Gieseking, 2008.
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Breuer, Kai. Ehe- und Familiensachen in Europa: Das internationale Mandat mit Länderberichten. Bielefeld: Gieseking, 2008.
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Pozo, Carlos Francisco Molina del. Los fondos estructurales y la nueva política regional de la Comunidad Europea. [Santiago de Compostela]: Universidade de Santiago de Compostela, 2002.
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Morais, Luís. O Mercado comum e os auxílios públicos: Novas perspectivas. Coimbra: Livraria Almedina, 1993.
Buscar texto completoCapítulos de libros sobre el tema "Domestic – Law and legislation – Europe"
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Tsivolas, Theodosios. "European and International Legislation". En Law and Religious Cultural Heritage in Europe, 113–24. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-07932-5_8.
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Cippitani, Roberto. "The ‘Contractual Enforcement’ of Human Rights in Europe". En Justiciability of Human Rights Law in Domestic Jurisdictions, 307–32. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24016-9_13.
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Ostrowska, Marta. "Information Duties Stemming from the Insurance Distribution Directive as an Example of Faulty Application of the Principle of Proportionality". En AIDA Europe Research Series on Insurance Law and Regulation, 31–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_2.
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AbstractIDD directive constitutes a piece of EU primary legislation and therefore it is obliged to respect the legal principles ruling the way in which EU acts towards the Member States, among which proportionality principle is of special importance. A legal act complies with the principle of proportionality if the measures adopted by the EU do not exceed the limits of what is appropriate and necessary to attain the objectives legitimately pursued by the legislation in question. According to IDD’s recitals, the measures adopted therein are proportional to the aim pursued by the IDD, i.e. customer protection. However, a live discussion boosted over the focal point of the IDD, i.e. a wide range of information duties, may lead to different conclusions and thereby put proportionality of the IDD in doubts. To verify this thesis, the author attempts to carry out the ‘proportionality test’ of the discussed information duties.
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Finch, Emily y Stefan Fafinski. "1. Legislation". En Legal Skills. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198784715.003.0001.
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This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation — that is, law that is made by other bodies under Parliament's authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
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Finch, Emily y Stefan Fafinski. "2. Legislation". En Legal Skills, 14–42. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831273.003.0002.
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This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
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Finch, Emily y Stefan Fafinski. "2. Legislation". En Legal Skills, 19–48. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893642.003.0002.
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This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
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Finch, Emily y Stefan Fafinski. "2. Finding legislation". En Legal Skills. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198784715.003.0002.
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This chapter explains how to find domestic legislation, i.e., statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
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Finch, Emily y Stefan Fafinski. "3. Finding legislation". En Legal Skills, 43–55. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831273.003.0003.
Texto completoResumen
This chapter explains how to find domestic legislation, that is, statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
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Finch, Emily y Stefan Fafinski. "3. Finding legislation". En Legal Skills, 48–61. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893642.003.0003.
Texto completoResumen
This chapter explains how to find domestic legislation, that is, statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
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Luisa Feline, Freier, Karageorgiou Eleni y Ogg Kate. "Part IV Access to Protection and International Responsibility-Sharing, Ch.28 The Evolution of Safe Third Country Law and Practice". En The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0029.
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This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.
Actas de conferencias sobre el tema "Domestic – Law and legislation – Europe"
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Zhao, Qi. "The Protection of the Criminal Law on Cultural Property — The Approach of International and Each Country's Domestic Legislation". En Proceedings of the 4th International Conference on Economy, Judicature, Administration and Humanitarian Projects (JAHP 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/jahp-19.2019.43.
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Wake, C. "Impact of Europe and recent legislation on the GB rail industry - a national safety authority perspective". En IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080596.
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JAFAR, MOHAMMED. "Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law". En INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.
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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.
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Vygodianskii, Aleksei Valerevich. "Models of the contract of air carriage as a contract in favor of a third person and a tripartite agreement". En All-Russian scientific and practical conference. Publishing house Sreda, 2019. http://dx.doi.org/10.31483/r-32704.
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The legal status of the consignee under the air carriage agreement is one of the controversial issues of the domestic civil law. At various times, in the legal literature expressed the opposite points of view on this issue. In this article, the author examines various models of the contract of carriage of goods as a contract in favor of a third person and a three-party contract. The advantages and disadvantages of each of the above models of the contract are analyzed. Certain proposals are made by the author improve the existing civil and air legislation.
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Topaloğlu, Mustafa. "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention". En International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00982.
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Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.
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Shalkharov, Y. S. "DEVELOPMENT OF THE MEDICAL LAW SYSTEM IN EUROPE AND ASIA BY THE WAY OF CONSTRUCTION WELL ORGANIZED MEDICAL CARE INSURANCE SYSTEM BASED ON CONSUMER PROTECTION LEGISLATION". En The First International conference on development of jurisprudence in Eurasia. Viena: East West Association GmbH, 2014. http://dx.doi.org/10.20534/icdje-1-15-17.
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Lalere, Béatrice, Fanny Gantois, Rosemarie Philipp y Sophie Vaslin-Reimann. "Certified reference materials for breath alcohol control - the ALCOREF project". En 19th International Congress of Metrology (CIM2019), editado por Sandrine Gazal. Les Ulis, France: EDP Sciences, 2019. http://dx.doi.org/10.1051/metrology/201915002.
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The Joint Research Project Alcoref “Certified forensic alcohol reference materials” is a multi-partner trans-national project within the targeted call “Research Potential” of the European Metrology Programme for Innovation and Research (EMPIR) launched in 2016. The European Commission has estimated that about one quarter of road traffic deaths are due to alcohol. The European status report on road safety of the World Health Organization Regional Office for Europe therefore stated that, among other measures, better legislation and enforcement of alcohol control is needed in several countries. In particular, the report demands that unrestricted access to alcohol breath testing, using breath analysers of equivalent and agreed standard, should be implemented throughout Europe. These high standards for tests, verification and calibration of breath alcohol analysers should meet some requirements of the recommendation R 126 defined by the International Organization of Legal Metrology (OIML) and European standards (EN 16280 and EN 15964). The specific objective of this project is to establish regional research and metrological capacity for the development of certified forensic alcohol reference materials for the law enforcement of drink-driving regulations.
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Mitrović, Ljubinko y Predrag Raosavljević. "HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC: CHALLENGES IN PROTECTION OF VULNERABLE GROUPS". En EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.
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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.
Informes sobre el tema "Domestic – Law and legislation – Europe"
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Megersa, Kelbesa. Tax Transparency for an Effective Tax System. Institute of Development Studies (IDS), enero de 2021. http://dx.doi.org/10.19088/k4d.2021.070.
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This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing countries’ tax systems were facing several challenges, including weak tax administrations, low taxpayer morale and “hard-to-tax” sectors. The presence of informational asymmetry (i.e. low tax transparency) between taxpayers and tax authorities generates loopholes for abuse of the tax system. It allows the hiding of wealth abroad with a limited risk of being caught. Cases of such behaviour that are exposed without proper penalty may result in a decline in the morale of citizens and a lower level of voluntary compliance with tax legislation. A number of high-profile tax leaks and scandals have undermined public confidence in the fairness of tax systems and generated a strong demand for effective counteraction and tax transparency. One of the key contributing factors to lower tax revenues in developing countries (that is linked to low tax transparency) is a high level of IFFs. These flows, including international tax evasion and the laundering of corruption proceeds, build a major obstacle to successful DRM efforts. Research has also identified an association between organisational transparency (e.g. transparency by businesses and tax authorities) and stakeholder trust (e.g. between citizens and the state). However, the evidence is mixed as to how transparency in particular influences trust and perceptions of trustworthiness.