Towards a European contract law

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

Copyright Law and the Leadership Classroom: A Primer

Science.gov (United States)

Blackwell, Cindy; Jones, David

2008-01-01

For many educators the fair use provision of the Copyright Act of 1976 and the subsequent Technology, Education, and Copyright Harmonization (TEACH) Act offer "carte blanche" use of various forms of media in the classroom. As Siva Vaidhyanathan (2001) notes, "Copyright myths have had as much power as copyright laws" (p. 5). The…

What's Wrong with Copyright: Educator Strategies for Dealing with Analog Copyright Law in a Digital World

Science.gov (United States)

McGrail, J. Patrick; McGrail, Ewa

2009-01-01

Current copyright law was formulated before the digital technology became widely available and well before Web 2.0 changed the way that information is created and shared. J. Patrick McGrail and Ewa McGrail argue that copyright law has failed to keep up with the social and legal changes that have accompanied the technological developments of the…

The Legal Status of the Federal Copyright Law. Final Report.

Science.gov (United States)

Forsythe, Ralph A.; Nolte, M. Chester

The historical and legal background of the Federal Copyright Law with special implications for education was studied within five general areas of concern. The areas included: (1) historical development, (2) copyright revision issues, (3) principles of copyright law embodied in state and Federal statutes, (4) decisions of the courts pertaining to…

EU DIRECTIVES IN THE FIELD OF COPYRIGHT AND RELATED RIGHTS

Directory of Open Access Journals (Sweden)

Ana-Maria MARINESCU

2015-07-01

Full Text Available The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states.

Group Litigation in European Competition Law: A Law and Economics perspective

NARCIS (Netherlands)

S.E. Keske (Sonja)

2009-01-01

textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

Important characteristics and constitutional law basis of the optional instrument for European contract law

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Silvija Petrić

2009-01-01

Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

An Optional Instrument for European Insurance Contract Law

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Helmut Heiss

2010-08-01

Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts.Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.

An Optional Instrument for European Insurance Contract Law

Directory of Open Access Journals (Sweden)

Mandeep Lakhan

2010-08-01

Full Text Available The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law network, drafting a specific part of the Common Frame of Reference. Having continually worked under the guiding principle that "the law of insurance [in Europe] must be one," it now represents a serious option for providing Europe with a single legal framework for insurance contracts. Despite the European Council's proclamations that the Common Frame of Reference will remain a non-binding instrument, the implementation of one or more optional instruments in the future does not appear to beimprobable considering recent developments. The possibility of anoptional instrument has been expressed more than once by the European Commission in its Action Plan and Communication on European Contract Law. Other indications in favour of an optional instrument include the European Parliament's repeated references to the Common Frame of Reference as providing, at the very least, a model for a futureoptional instrument, as well as the EESC's earlier proposal of anoptional instrument as an alternative to standardising insurancecontract law. The preparation by the EESC of another (own-initiative opinion on European contract law is underway, and its presentation is anticipated in 2010. Hence, the optional instrument is evidently the subject of serious political deliberation. Using Article 1:102, the Principles of European Insurance Contract Law represent a prototype for such an instrument.

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

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MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

European Corporate Law

DEFF Research Database (Denmark)

Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik

, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...

HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?

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GEMA TOMÁS

2013-05-01

Full Text Available This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. Some international research teams set up by European scholars and lawyers have been devoted to this aim for two decades. Time and effort have been made in the academic level to get a serious advance on bringing closer contractual national rules. This bottom-up approach met a stronger support in the last years although the European Parliament had “requested” the creation of a European Civil Code already in 1989. The momentous time comes in 2010 with a Green Paper from the European Commission on policy options for progress towards a European Contract Law for consumers and businesses. This Green Paper opened a public consultation period in 2011 and afterwards an expert group was appointed to draft a feasibility study for a future Instrument in European Contract Law. After all, a Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law was adopted in October 2011 arising not few doubts, worries and misgivings from different points of view. This will be not the last step in this process.

Copyright law and freedom of expression in South Africa | Holland ...

African Journals Online (AJOL)

This article acknowledges the conflict between copyright law and freedom of expression right in South Africa; it recognises the tension and conflict of the fundamental rights that is evident in the two case laws discussed. The author laments the absence of copyright provisions under the Bill of Rights of the Constitution as laid ...

Law of the cloud: on the supremacy of the user interface over copyright law

Directory of Open Access Journals (Sweden)

Primavera De Filippi

2013-07-01

Full Text Available Cloud computing technologies are commonly used for delivering content or information to users who no longer need to store this data onto their own devices. This is likely to have an important impact on the effectivity of copyright law in the context of online applications, insofar as the underlying infrastructure of the cloud is such that is allows cloud operators to control the manner in which and the extent to which users can exploit such content - regardless of whether it is protected by copyright law or it has already fallen in the public domain. This article analyses the extent to which the provisions of copyright law can potentially be bypassed by cloud computing applications whose interface is designed to regulate the access, use and reuse of online content, and how these online applications can be used to establish private regimes of regulation that often go beyond the scope of the traditional copyright regime.

An Optional Instrument for European Insurance Contract Law

OpenAIRE

Mandeep Lakhan; Helmut Heiss

2010-01-01

The Principles of European Insurance Contract Law, also referred tousing the acronym PEICL, were published in September 2009. They are the result of ten years of academic work undertaken by the"Restatement of European Insurance Contract Law" Project Group. In the time since its establishment in 1999, the project has been transformed from being a stand-alone project to a part of the CoPECL (Common Principles of European Insurance Contract Law) network, drafting a specific part of the Common Fr...

Principles of European Company Law

DEFF Research Database (Denmark)

Werlauff, Erik

2010-01-01

The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us, and this is presen......The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us...

The european union as subjects of law

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Fila R.

2012-10-01

Full Text Available At the international level it is recognized that development and progress of the new and unique international organization – European Union – is one of the appropriate form of the international organization’s integration. Although European Union was establish as international economic organization, it has gradually integrated the various “best practices” ideas from different governmental systems. Encouragement and motives for cooperation of Member states indicate that member states give more competences of government to the international organization’s institutes. Wherewith, it is observed that the economic and political internationalization has led to disappearance of integrity of territory of member states. The above mentioned opinion is not based on research of the European Union as international organization from standpoint of international law, but from standpoint of theory law – could give juridical estimate regarding executive power in European Union and who could define particular source and entity of administrative law of European Union.

Copyright protection in music industry

OpenAIRE

Kammermayerová, Tereza

2009-01-01

In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin,...

Basic copyright law for use of materials in childbirth education classes.

Science.gov (United States)

Philipsen, Nayna C

2005-01-01

Copyright is federal law that creates a monopoly to protect the property rights of authors and creators and their original works. Copyright law creates an exception for classroom use, but educators must always give full attribution for any work they use in teaching.

CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

OpenAIRE

Éva ERDÕS

2011-01-01

This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

Author’s contract in the Albanian copyright law

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Oltion Spiro

2016-03-01

Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred

Copyright Renewal for Libraries: Seven Steps toward a User-Friendly Law

Science.gov (United States)

Smith, Kevin L.

2010-01-01

Copyright law is a source of a great deal of bewilderment and frustration to academic librarians. Beyond the basics of copyright protection and fair use, most librarians struggle to grasp the complexity of the law and the roadblocks it presents to access and use. This article attempts to elucidate some of those complexities by suggesting seven…

Open exchange of scientific knowledge and European copyright: The case of biodiversity information

Directory of Open Access Journals (Sweden)

Willi Egloff

2014-06-01

Full Text Available Background. The 7th Framework Programme for Research and Technological Development is helping the European to prepare for an integrative system for intelligent management of biodiversity knowledge. The infrastructure that is envisaged and that will be further developed within the Programme “Horizon 2020” aims to provide open and free access to taxonomic information to anyone with a requirement for biodiversity data, without the need for individual consent of other persons or institutions. Open and free access to information will foster the re-use and improve the quality of data, will accelerate research, and will promote new types of research. Progress towards the goal of free and open access to content is hampered by numerous technical, economic, sociological, legal, and other factors. The present article addresses barriers to the open exchange of biodiversity knowledge that arise from European laws, in particular European legislation on copyright and database protection rights.We present a legal point of view as to what will be needed to bring distributed information together and facilitate its re-use by data mining, integration into semantic knowledge systems, and similar techniques. We address exceptions and limitations of copyright or database protection within Europe, and we point to the importance of data use agreements. We illustrate how exceptions and limitations have been transformed into national legislations within some European states to create inconsistencies that impede access to biodiversity information.Conclusions. The legal situation within the EU is unsatisfactory because there are inconsistencies among states that hamper the deployment of an open biodiversity knowledge management system. Scientists within the EU who work with copyright protected works or with protected databases have to be aware of regulations that vary from country to country. This is a major stumbling block to international collaboration and is an

Development and perspectives of principles of european insurance contract law

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Ana Keglević

2013-01-01

Full Text Available Summary: Principles of European Insurance Contract Law (PEICL provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.

Image Right and Copyright Law in Europe: Divergences and Convergences

OpenAIRE

Tatiana Synodinou

2014-01-01

This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...

National And European Law: Problem Of Implementation

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Olga M. Mesheriakova

2014-09-01

Full Text Available Present article is devoted to one of the main problems for all integration communities –problem of implementation of the integration law norms in the national legal system of member states. Author, on the example of certain member states of the European Union considers mechanism of the European Union law action in it's member states. In the article constitutional norms of the number of member states which set a ratio of the national and European laws are analyzed. According to the principle of competence giving, member states voluntary transfer part of the competence to the European Union. Competences which are transferred to the member states are the competences of the European Union. In the course of research author investigates opinions of scientists and analyze regulations. Author pays separate attention to the question of the European Union creation. For example, author notes that consideration by the Federal Constitutional Court in Karlsruhe of the question of compliance of the Treaty to the Constitution of Germany became neither more nor less a most important milestone on the way of Treaty on the European Union ratification by Germany. In the decision on this matter Court defined a number of reference points for the purpose of possible excise if the European integration elimination out of those limits which are set for the government of Germany by its Constitution. The decision of the Constitutional Court of Germany though meant approval of the Treaty on the European Union in the political sense, it was nevertheless unambiguously directed against broad interpretation and federalist vision of the European integration. It is obvious that states, on the basis of constitutional norms may leave contracts that are burdensome for them. It concerns not only international treaties, but also Treaties of the European Union.

European Private Law - Survey 1998-2000

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

From its conception, the European Review of Private Law has tried, sometimes in vain, to publish Chronicles (‘Chroniques’) or Surveys of the main areas of private law: Contract, Inheritance, Property, Tort, etc. The idea of these Chronicles or Surveys is that, within a specific area of private

European impact on contract law
A perspective on the interlinked contributions of legal scholars, legislators and courts to the Europeanization of contract law

Directory of Open Access Journals (Sweden)

Anne L.M. Keirse

2011-01-01

Full Text Available National law is increasingly influenced by European developments in a process characterized by the term 'Europeanization'. This contribution illustrates the magnitude by which this process of Europeanization continues to shape national contract law in the Member States. In particular, the focus is placed on the dynamic and interwoven interaction of legal scholars, legislators and the courts, on both a national and European level and hence they collectively form the driving force behind the process of Europeanization. The author demonstrates that employing a solely national approach is no longer a sustainable preference in the emerging European legal landscape. For this reason, the author calls for all stakeholders to partake in further debate concerning the future of contract law in the Member States.

Convergence of the European law on public notaries

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Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

OpenAIRE

Mak, C.

2009-01-01

This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...

The United States Copyright Law: A Guide for Music Educators

Science.gov (United States)

Music Educators Journal, 1978

1978-01-01

On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

EU Digital Regulation Versus Copyright: A Way to Reconcile Digital Economy and Copyright?

Directory of Open Access Journals (Sweden)

Yvon Thiec

2016-12-01

Full Text Available In September 2016, the European Commission presented a proposal for a Directive on copyright in the Digital Single Market, part of a package that also includes the transposition into European law of the Marrakesh Treaty and its effects on the European Union’s relations with third countries, as well as the regulation on online transmissions of broadcasting organisations. The copyright directive is of major importance in the context of digital regulation as it proposes a new related right for press publishers and a new mechanism aiming to give rightholders better control over the use and remuneration of their works on Internet. The proposal also narrows the liability exemption under the e-commerce directive, which has given platforms that provide access to protected works a way out of concluding licensing agreements with rightholders. The draft directive proposes three exceptions to copyright to reinforce digital use in education, protection of the cultural heritage and text-and-data mining. The aim of this paper is to present and to comment on the copyright directive and offer an overview of the opinions that are starting to emerge among different stakeholders.

Freedom of contract, mandatory and non-mandatory law in European contract law

OpenAIRE

Storme, M.

2008-01-01

Abstract: The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the...

Public Supervision over Private Relationships : Towards European Supervision Private Law?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

Compatibility with European law of opt-out legislation

International Nuclear Information System (INIS)

Feldmann, U.

2000-01-01

Should consensus with the utilities not be reached, Federal Minister for the Environment, Mr. Trittin, repeatedly announced to introduce opt-out legislation 'by dissent'. Both the constitutionality of such legislation and its compatibility with European law are topics of controversial debate in the literature. The decision taken by the Bavarian cabinet on February 8 in this year, to use all political and legal means against shutting down German nuclear power plants and, for this purpose, even to approach the European Commission on grounds of potential violation of European law, are reason enough to deal in more detail with the compatibility of an opt-out law with the Euratom Treaty and the EC Treaty. As the opt-out law does not yet exist, these considerations can only be of a theoretical nature. However, this is the working hypothesis assumed: Reprocessing is banned as of the entry into force of the opt-out law. This ban includes moving nuclear waste abroad for reprocessing. The peaceful use of nuclear power for electricity generation in power reactors operated for thirty years is forbidden. Older reactors may be run only for a transition period of another three years. (This includes abandoning the promotion purpose in the German Atomic Energy Act and a ban on building new power reactors). However, the operating life may be distributed in a flexible way. This contribution indicates that there are sound reasons and interesting approaches, respectively, in the literature for assuming that opting out by means of legislation, coupled with a ban on reprocessing, at least constitutes a violation of the freedom for goods and/or services. However, this cannot be derived unequivocally from either the Euratom Treaty or the EC Treaty or from rulings by the European Court of Justice. Ultimately, compatibility with European law of the ban on reprocessing can be decided only by the European Court of Justice. (orig.) [de

EU Law Autonomy Versus European Fundamental Rights Protection

DEFF Research Database (Denmark)

Storgaard, Louise Halleskov

2015-01-01

In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

Five political ideas of European contract law

NARCIS (Netherlands)

Hesselink, M.W.

2011-01-01

This paper explores the possible implications of leading contemporary theories of political philosophy for some of the main questions that the political institutions of the European Union will have to decide on concerning the future of European contract law. Thus, it explores what a utilitarian,

How to Enforce European Law

DEFF Research Database (Denmark)

Rasmussen, Morten

2017-01-01

This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service of the Eu......This article explores the well known saga of the European Court of Justice’s introduction of direct effect of Council directives on basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include directives was part of a drive of the Legal Service...... of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its member states and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep...

Copyright Law in Australia--Fair Dealing for Research or Study Purposes.

Science.gov (United States)

Khan, Anwar (Andy); Hancock, Philip

2001-01-01

Explores several issues involving provisions of the Australian copyright law that allow for "fair dealing for the purpose of research and study" in the use of copyrighted materials. Discusses liability of libraries for improper oversight of illegal photocopying of books and other copyrighted materials. Reviews recent efforts to improve…

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

European Energy Law. Report VII

Energy Technology Data Exchange (ETDEWEB)

Hammer, U.; Roggenkamp, M.M. (eds.)

2010-04-15

The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

European Union competition law, intellectual property law and standardization

NARCIS (Netherlands)

Geradin, Damien; Contreras, Jorge L.

2016-01-01

This paper provides an overview of the efforts of the European Commission to identify and, when necessary, challenge anticompetitive behaviour with respect to standardization and the licensing of standardized technologies, as well as the case-law of the CJEU on the same subject. The paper starts by

European and Czech principles of contract law

OpenAIRE

Horáková, Monika

2008-01-01

8 Summary European and Czech Principles of Contract Law This thesis is focused on principles of contract law. In the first instance, it explains the theoretical conception of principles of law and adverts to their status in the Czech legal system. The second Chapter of the thesis dissertates about basic principles of the Czech private law starting with the principle of freedom of contract, ends with the principles of good faith and fair dealing. The main part of the thesis deals with the Euro...

Contract law as fairness: a Rawlsian perspective on the position of SMEs in European contract law

NARCIS (Netherlands)

Klijnsma, J.G.

2014-01-01

European Contract Law is still very much in development. So far, only piecemeal legislation on contract law has been enacted on a European level. Accordingly, many of the questions concerning which rules to decide on are still up for debate. One such debate concerns weaker party protection and more

A century of Dutch copyright law: auteurswet 1912-2012

NARCIS (Netherlands)

Hugenholtz, B.; Quaedvlieg, A.; Visser, D.

2012-01-01

On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after its enactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been

EU copyright protection of works created by artificial intelligence systems

OpenAIRE

Bøhler, Helene Margrethe

2017-01-01

This thesis is concerned with copyright regulation of works created by artificial intelligence systems. The rapid advances in artificial intelligence are calling into question some of the fundamental assumptions upon which intellectual property law rests. Currently, the European framework of copyright law does not take non-human innovation into account. Meanwhile, advances in artificial intelligence are quickly making machine-generation of creative works a reality. Institutions of the Europea...

Contractual Networks In European Private International Law

OpenAIRE

Grušić, U.

2016-01-01

This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not connected directly by bonds of contract, and 3) relations between the network and the outsiders. The aim is to assess whether, and to what extent, European private international law is capable of dealing w...

Networks of power in digital copyright law and policy political salience, expertise and the legislative process

CERN Document Server

Farrand, Benjamin

2014-01-01

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

Cost recovery in geographic information systems and conflicts with copyright law

Science.gov (United States)

Roberts, Jon L.

1993-10-01

The ability to recover cost by the sale of geographic information is dependent upon the ownership of the copyright in and to that information. The ownership of the copyright turns upon whether one entity is an employee of the other or whether the copyrightable work falls within certain statutorily defined categories in the copyright law. Absent the specific requirements being fulfilled the ownership of the data may not be exactly as the parties expect.

Development of an online tool for public health: the European Public Health Law Network.

Science.gov (United States)

Basak, P

2011-09-01

The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

Linking Public Administration and Law Studies within European Union

Directory of Open Access Journals (Sweden)

Mihaela V. Cărăuşan

2012-05-01

Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

Copyright law and academic radiology: rights of authors and copyright owners and reproduction of information.

Science.gov (United States)

Stern, E J; Westenberg, L

1995-05-01

Desktop computer hardware and software provide many new and accessible avenues for increased academic productivity, but some activities may have legal implications. The advent of technologies such as scanners, the ever-increasing number of electronic bulletin boards, and the development of the "information superhighway" affect the concept of copyright and require authors and publishers to reconsider their legal rights and obligations when they create or publish new works or modify existing ones. For example, with desktop scanners, almost any image, published or otherwise, can be copied, enhanced, and manipulated. Moreover, many radiologists have access to copyrighted digital radiologic teaching file images, such as those from the University of Iowa or the University of Washington, which are available (and "downloadable") on the Internet. Because "downloading" (or "uploading") a document or image is essentially making a copy of that document or image, copyright laws and the rights that they afford authors are involved.

Flexible copyright: the law and economics of introducing an open norm in the Netherlands

NARCIS (Netherlands)

van der Noll, R.; van Gompel, S.; Guibault, L.; Weda, J.; Poort, J.; Akker, I.; Breemen, K.

2012-01-01

 This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not,

European contract law: The contribution of the Dutch

NARCIS (Netherlands)

Hondius, E.H.

1997-01-01

This paper will argue that when contemplating the elaboration of a European civil law, Dutch law may have some interesting ideas to offer. From the wealth of thoughts offered by the General Reporter, only one particular thread will be taken up in depth. It is the protection of the weaker contracting

Fundamental Rights, European Private Law, and Financial Services

NARCIS (Netherlands)

Cherednychenko, O.O.; Micklitz, H.-W.

2014-01-01

Although it seems to be undisputed today that the harmonisation of private law in the EU cannot take place without due regard for fundamental rights, many questions still exist as to how and to what extent European private law can and should be influenced by fundamental rights. This chapter aims to

Revealing Originality of Song Works: An Analysis to the Copyright Law

Directory of Open Access Journals (Sweden)

Derezka Gunti Larasati

2014-12-01

Full Text Available The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the characteristics of song as a work is also important. This research is a qualitative research with prescriptive design. The research depicts the use of certain doctrines and/or theories as supplementary provisions to the Copyright Law in defining the originality of songs, which have specific characteristics resulted from their author’s creations and intellectuals.

Draft Common Frame of Reference. Principles, Definitions and Model Rules of European Private Law

OpenAIRE

AA.VV; IUDICA G.

2009-01-01

European private law in principles, definitions and model rules. The volumes contain the results of the work of the Study Group on a European Civil Code (the “Study Group”) and the Research Group on Existing EC Private Law (the “Acquis Group”). The former Commission on European Contract Law (the “Lando Commission”) provided the basis for much of Books II and III; it was on their Principles of European Contract Law (PECL)1 that the Study Group and the Acquis Group built. The Acquis Group ...

Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies.

Science.gov (United States)

Baumberg, Ben; Anderson, Peter

2008-08-01

Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

On Law and Policy in a European and European Union Patent Court (EEUPC)

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary - the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...

On Law and Policy in a European and European Union Patent Court (EEUPC)

DEFF Research Database (Denmark)

Petersen, Clement Salung; Schovsbo, Jens Hemmingsen

2010-01-01

On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary – the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui...... generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law...

European tax law. - [5th ed.] - Student edition

NARCIS (Netherlands)

Terra, B.J.M.; Wattel, P.J.

2008-01-01

This book is intended as a textbook for students reading tax law or EC law. It offers a systematic survey of the tax implications of the EC Treaty and of European integration and of the EC tax harmonization policy, a discussion of the Community tax rules in force, and a discussion of the EC Court's

What will be the effect of European Internal Market on interpretation of German nuclear law?

International Nuclear Information System (INIS)

Schattke, H.

1991-01-01

A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de

Teaching via the Internet: A Brief Review of Copyright Law and Legal Issues.

Science.gov (United States)

Lan, Jiang; Dagley, Dave

1999-01-01

Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…

The Second Look in European Union Competition Law

DEFF Research Database (Denmark)

Sørensen, Jakob B; Torp, Kristian

2017-01-01

Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

European water law in transition: the challenge of integration

NARCIS (Netherlands)

Rijswick, H.F.M.W. van

2005-01-01

European and domestic national water law have witnessed a number of developments, which can be described as the development from a national territorial approach towards a transnational integrated approach. Initially, Dutch water law for example, sought to offer protection against flooding. More

Compulsory Schooling Laws and Migration Across European Countries.

Science.gov (United States)

Aparicio Fenoll, Ainhoa; Kuehn, Zoë

2017-12-01

Educational attainment is a key factor for understanding why some individuals migrate and others do not. Compulsory schooling laws, which determine an individual's minimum level of education, can potentially affect migration. We test whether and how increasing the length of compulsory schooling influences migration of affected cohorts across European countries, a context where labor mobility is essentially free. We construct a novel database that includes information for 31 European countries on compulsory education reforms passed between 1950 and 1990. Combining this data with information on recent migration flows by cohorts, we find that an additional year of compulsory education reduces the number of individuals from affected cohorts who migrate in a given year by 9 %. Our results rely on the exogeneity of compulsory schooling laws. A variety of empirical tests indicate that European legislators did not pass compulsory education reforms as a reaction to changes in emigration rates or educational attainment.

The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

NARCIS (Netherlands)

Mak, C.

2009-01-01

This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

European Dimension of Legal Education. A comparative study of the Romanian Law Curricula and EU Law Syllabus

Directory of Open Access Journals (Sweden)

Brinduşa Camelia Gorea

2012-05-01

Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.

European New Legal Realism and International Law:

DEFF Research Database (Denmark)

Holtermann, Jakob v. H.; Madsen, Mikael Rask

2015-01-01

complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

EU External Relations Law and the European Neighbourhood Policy

DEFF Research Database (Denmark)

Van Vooren, Bart

-historical context of political Union, this thesis first argues why coherence is an issue at all in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. Subsequently, the text examines the role of EU external relations law in attaining a coherent...

Translational reprocessing of spent fuel elements in the light of European Community law

International Nuclear Information System (INIS)

Scheuing, D.H.

1991-01-01

Objections are being raised against the current reprocessing of fuel elements from German nuclear power plants in France and Great Britain on the grounds that, measured by German protection requirements, it cannot be regarded as 'inncuous utilization' of radioactive waste material; this brings a momentous intervention of the German authorities against the operators of German nuclear power plants into consideration. Yet would not such a 'national solo attempt' conflict with European Community law?. This question is illuminated in its different aspects. First the issue is examined from the point of view of radiation protection law under the Euratom Treaty and of the aim of the EC to establish the single market. Subsequent focal points are an inquiry into compatibility with the freedom of merchandise traffic and commercial services as provided by European Community law. The outcome is that European Community law does not oppose the German authorities intervencing. Rather such self-discipline practised by member states for the benefit of the European environment is admissible so long as the other EC member states do not establish equally stringent standards on their own accord or European Community law itself does not provide protection on a high level. (orig.) [de

European Energy Law Seminar 2005. Report of NeVER

International Nuclear Information System (INIS)

Oosterom, A.R.; Boumans, L.

2005-01-01

An overview is given of the lectures and presentations at the title seminar, which was held in Noordwijk aan Zee, Netherlands, 30-31 May 2005. The seminar was organized by the Dutch Association for Energy Law (NeVER), the Scandinavian Institute for Maritime Law of the University of Oslo, and the Groningen University. The subjects presented concerned recent developments with regard to the internal (European) energy market, LNG, developments in the North Sea area, supply security and quality in a competitive market, reorganization of the European market for natural gas in the light of the liberalization process and privatization of the energy sector [nl

The issue of exceptions from the transmission and operation of radio and television broadcasting in the Copyright Act

OpenAIRE

Petera, Jaromír

2008-01-01

In 2005 the Parliament of the Czech Republic adopted an amendment of Act No. 121/2000 on Copyright Law and Rights Related to Copyright [hereinafter Copyright Act]. The Copyright Act amendment set up three new exceptions to the author's exclusive right to exploit his or her work. The author deals with harmony of these three exceptions with international copyright law system and European copyright law. In the broad context the author discusses problems related to the changing scope of the excep...

EuGH: Innocuousness of the nuclear fuel tax according to the European community law

International Nuclear Information System (INIS)

Anon.

2015-01-01

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

Copyright Law for Librarians and Educators: Creative Strategies and Practical Solutions. Third Edition

Science.gov (United States)

Crews, Kenneth D.

2012-01-01

Copyright in the world of digital information is changing at a fevered pace, even as educators and librarians digitize, upload, download, draw on databases, and incorporate materials into Web-based instruction. It's essential to stay abreast of the basics of copyright law and fair use. Kenneth D. Crews has completely revised his classic text to…

Copyright Law Basics for the Nursing Professional: Part 2: Protecting Your Work.

Science.gov (United States)

LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

2016-01-01

This article is a continuation of the discussion of Copyright Law (found in JNPD 31:5) as it applies to nursing professionals. This part focuses on the definition of "work made for hire" and how nursing professional development specialists can both protect and share their own work. Many nurses assume that they own the works they create, but authorship is not necessarily the same as ownership. Misunderstanding copyrights could put one's job and hard work at risk!

Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

OpenAIRE

Derlén, Mattias; Lindholm, Johan

2015-01-01

The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

[Animal Health Law-- the National Animal Health Act and the European Animal Health Law].

Science.gov (United States)

Bätza, Hans-Joachim; Mettenleiter, Thomas

2013-01-01

The Animal Health Act that replaces the Animal Disease Act, which is currently in force, creates a regulatory framework in order to not only, as has been the case so far, control animal diseases that had already broken out, but in order to already prevent in advance possible outbreaks of animal diseases by means of preventive measures. The instruments to this effect are described here. At European level, too, the idea of prevention is set to play a greater role in the future, with the draft EU legal instrument on animal health, that has to date only been discussed at Commission level, also contributing to a simplification and easier implementation by the persons subject to law by harmonising the currently fragmented Community law. It remains to be seen when the deliberations in the Council and European Parliament will begin.

The European Union's Role in the Development of Global Environmental Law

DEFF Research Database (Denmark)

Basse, Ellen Margrethe

2017-01-01

This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....

European law. Handbook for the German legal practice. 2. ed.; Europarecht. Handbuch fuer die deutsche Rechtspraxis

Energy Technology Data Exchange (ETDEWEB)

Schulze, Reiner; Zuleeg, Manfred; Kadelbach, Stefan (eds.)

2010-07-01

Soon after the first appearance of the Handbook of European Law, a second edition has become necessary. The first edition has been very reviewed and widely used in legal practice. A few months ago, the Lisbon treaty has led to far-reaching changes in the European law. The second edition of the Handbook of European Law takes the information needs into account as quickly as possible, clearly and in detail.

The importance of social dialogue in the process of consolidation of domestic law with the European Union law

Directory of Open Access Journals (Sweden)

Mirjanić Željko

2014-01-01

Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law

Compensatory Measures in European Nature Conservation Law

Directory of Open Access Journals (Sweden)

Geert Van Hoorick

2014-05-01

Full Text Available The Birds and Habitats Directives are the cornerstones of EU nature conservation law, aiming at the conservation of the Natura 2000 network, a network of protected sites under these directives, and the protection of species. The protection regime for these sites and species is not absolute: Member States may, under certain conditions, allow plans or projects that can have an adverse impact on nature. In this case compensatory measures can play an important role in safeguarding the Natura 2000 network and ensuring the survival of the protected species.This contribution analyses whether taking compensatory measures is always obligatory, and discusses the aim and the characteristics of compensatory measures, in relation to other kinds of measures such as mitigation measures, usual nature conservation measures, and former nature development measures, and to the assessment of the adverse impact caused by the plan or project and of the alternative solutions. The questions will be discussed in light of the contents of the legislation, the guidance and practice by the European Commission, (legal doctrine and case law, mainly of the Court of Justice of the European Union.

European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

Energy Technology Data Exchange (ETDEWEB)

Jacobs, Max

2016-07-01

The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

Screenshots and Copyright

Science.gov (United States)

Nowak, Danuta

2013-01-01

The present article attempts to show how important and easy it is to use authentic material in the classroom. However, the teacher who copies news reports from the Internet may infringe the copyright law. The article offers a comparative analysis of copyright laws in Common Law countries and the EU countries in relation to fair use. The article…

Report of the European Energy Law seminar 2011

International Nuclear Information System (INIS)

Holwerda, J.M.; Mueller, H.K.; Mutsaers, A.

2011-01-01

The 24th European Energy Law Seminar was held in Noordwijk aan Zee, Netherlands, 11-12 April 2011. The first day attention was paid to the liberalization of the energy markets, the climate and energy. The second day was dedicated to energy security, the upstream sector and development of energy infrastructure. [nl

Report of the European Energy Law Seminar 2010

International Nuclear Information System (INIS)

Beukenkamp, J.F.M.; Webbink, F.J.; Fenijn, A.W.C.; Klapwijk, C.L.

2010-01-01

The Annual European Energy Law Seminar was held on 12 and 13 April 2010 at the Grand Hotel Huis ter Duin in Noordwijk, the Netherlands. This article reports on the meeting. The presentations held on the first day addressed various aspects of the Third Energy Package such as the issues of unbundling and third party access, the establishment of a European network of regulators, the collaboration of regulators and the ongoing market integration. Day 2 addressed security of supply and climate protection and the required investments. An overview is also provided of recent developments in the EU competition legislation. [nl

The 2006 French Law - A Contribution to a European Policy? - Conference papers

International Nuclear Information System (INIS)

Fischer, Claude; Linkohr, Rolf; Dupraz, Bernard; Gonnot, Francois-Michel; Sido, Bruno; Vassaux, Alain; Golan, Paul; Leclere, Robert; Rycroft, Jeremy; Seppaelae, Timo

2006-01-01

On 28 June, the French 2006 law on the sustainable management of radioactive waste and materials was promulgated, after 15 years of research required by the Bataille law. What are the progresses stemming from this law? The next steps? What do the various French stakeholders, elected officials, trade unions and firms think about it? How is it perceived out of our borders? Can it be a contribution to a European policy? What are the progresses in the other Member States and what lessons can we draw from those? The management of radioactive waste is a question that goes far beyond the national framework of each country, and that must be treated as a priority, whatever the future energy policy. Since 2003, the 'Entretiens europeens' have engaged a dialogue between stakeholders of various socio-professional backgrounds from several countries and with the European Commission, in order to compare the selected options of management and to emphasize the best experiments, which could inspire an innovating European policy in the world. This fourth edition is intended to provide an updated State-of-play of the reflexions on these issues. These proceedings are organized as follows: 1 - Opening Address; 2 - first Round Table: The 2006 Law, What do French Stakeholders Think of it?; 3 - second Round table: The 2006 law, Information for national and Community policies; 4 - Debate between the participants and the audience

Families and the European Union : law, politics and pluralism.

OpenAIRE

McGlynn, C.M.S.

2006-01-01

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses...

The specificity and scope of European Union finance law

Directory of Open Access Journals (Sweden)

Marcin Tyniewicki

2015-06-01

Full Text Available Basically, Polish science of financial law quite broadly takes the problems concerning public finance of the European Union (EU. However, it should be noticed that the considerations largely refer to the detailed issues within the confines of individual branches of EU financial law, eg. in areas of tax harmonization or single financial market. At the same time there is an insufficiency or even minuteness publications with doctrinal and theoretical nature referring to the general and fundamental issues of financial law of the EU. There may be numbered such issues among others as definitions, scope and internal structure of this law, its legal sources etc. Generally two areas should be object of the basic scientific researches in reference to the issues mentioned above. First one is financial law of the EU and the second one – its influence and effect of this influence on Polish financial law. In this article there will be undertaken considerations referring to the first area aimed at defining the specifity and scope of EU financial law.

The impact of European Union law on the possibilities of European Union Member States to adapt international tax rules to the business models of multinational enterprises

NARCIS (Netherlands)

Douma, S.; Kardachaki, A.

2016-01-01

European Union (EU) law has played a key role in enforcing the EU BEPS agenda, while also introducing limits to the application thereof. The European Commission (EC) sees a clear link between aggressive tax planning and competition law. Against this background, EU State aid law has been employed to

Harmonisation of European Insolvency Law and the need to tackle two common problems: common pool and anticommons

NARCIS (Netherlands)

de Weijs, R.J.

2012-01-01

Insolvency law has finally become a field of law for which harmonisation at a European level is considered both important and feasible. In deciding upon the content of such harmonised rules, there will need to be a common understanding about the goals of insolvency law and, therefore, a European

Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?

NARCIS (Netherlands)

Burri, S.D.

2013-01-01

The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now

Quality health care in the European Union thanks to competition law.

Science.gov (United States)

Fornaciari, Diego

2010-01-01

There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice.

Quality Health Care in the European Union Thanks to Competition Law

Science.gov (United States)

Fornaciari, Diego

2010-01-01

There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice. PMID:20195428

Copyright Law Basics for the Nursing Professional: Part 1: Using the Work of Others.

Science.gov (United States)

LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

2015-01-01

This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.(See CE Video, Supplemental Digital Content 1, http://links.lww.com/JNPD/A2).

Application of principles of European law in the Supreme Court of Estonia : [doktoritöö] / Carri Ginter ; juhendaja: Raul Narits

Index Scriptorium Estoniae

Ginter, Carri, 1978-

2008-01-01

Kaitses Tartus 01. 07. 2008. a.. - Koosneb artiklitest: Access to courts for branches - some thoughts under Estonian and EC law // European competition law review : ECLR (2004) nr. 11, lk. 708-715 ; Constitutional review and EC law in Estonia // European Law Review (2006) nr. 6, lk. 912-923 ; Effective implementation of the Trade Mark Directive in Estonia // European competition law review : ECLR (2007) nr. 6, lk. 337-345 ; Procedural issues relating to EU law in the Estonian Supreme Court // Juridica International. XII. Tartu, 2007, lk. 67-79

European social model and the harmonization of Macedonian labour legislation with the European Union community labour law

Directory of Open Access Journals (Sweden)

Kalamatiev Todor

2014-01-01

Full Text Available The European integration process accompanied by the harmonization of the EU member states' legislation will inevitably lead to the establishment of a European social model which has a 'sui generis' legal nature. European social model forms a part of the common legal heritage of the European countries and it can be defined as a system of values that include democracy and individual rights, free collective bargaining, market economy, equal opportunities for all, and social protection and solidarity. Subject of analysis in this paper are both, the essential components of the European social model such as: the social 'acquis communautaire' and the European industrial relations. The social 'acquis communautaire' is an integral part of the general 'acquis communautaire' and it encompasses the regulations arising from the primary and secondary labour law legislation of the EU, decisions of the European Court of Justice and other legal measures of the European Union with a binding or non-binding legal nature. European industrial relations encompass the key features of the European trade union models as well as the types of social dialogue in different EU member states. This paper pays attention to a profound elaboration of the harmonization of two EU labour law directives with the Macedonian employment legislation. The first Directive (Directive 91/533/EEC of 14 October 1991 on an employers' obligation to inform employees of the conditions applicable to the contract or employment relationship may be classified in the field of individual employment relations, while the second one (Directive 2002/14/EC of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community can be subsumed within the field of collective employment relations. Finally, the authors illustrate the advantages and disadvantages of the Macedonian labour legislation in the process of harmonization with the relevant EU directives

Wir schaffen es nicht: Emergency Law and the Crisis of European Integration

DEFF Research Database (Denmark)

Afsah, Ebrahim

.’ But this façade of ‘business as usual’ increasingly clashes with the reality of European crisis management involving ever more unorthodox policy responses and a surprising disregard for existing legal proscriptions. This presentation examines whether a more forthright reliance on emergency law could have limited...... to the constitutional order through procedural and temporal limits. Applying the theory of emergency law to both national and European crisis management, this presentation seeks to investigate why existing national emergency provisions were rarely used, whether functionally equivalent mechanisms at the European level......The official response to the combined crises facing Europe has been a concerted insistence that existing national tools and the Community legal and institutional acquis are sufficient to deal with the challenges of migration, state debt, monetary union and rising insecurity in Europe’s ‘near abroad...

Copyright and the Use of Images as Biodiversity Data

Directory of Open Access Journals (Sweden)

Willi Egloff

2017-03-01

Full Text Available Taxonomy is the discipline responsible for charting the world’s organismic diversity, understanding ancestor/descendant relationships, and organizing all species according to a unified taxonomic classification system. Taxonomists document the attributes (characters of organisms, with emphasis on those can be used to distinguish species from each other. Character information is compiled in the scientific literature as text, tables, and images. The information is presented according to conventions that vary among taxonomic domains; such conventions facilitate comparison among similar species, even when descriptions are published by different authors. There is considerable uncertainty within the taxonomic community as to how to re-use images that were included in taxonomic publications, especially in regard to whether copyright applies. This article deals with the principles and application of copyright law, database protection, and protection against unfair competition, as applied to images. We conclude that copyright does not apply to most images in taxonomic literature because they are presented in a standardized way and lack the individuality that is required to qualify as ‘copyrightable works’. There are exceptions, such as wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes (such as visual art. Further exceptions may apply to collections of images that qualify as a database in the sense of European database protection law. In a few European countries, there is legal protection for photographs that do not qualify as works in the usual sense of copyright. It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration. In observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that

Principles of European Law on Service Contracts: background, genesis, and drafting method

NARCIS (Netherlands)

Jansen, C.E.C.; Zimmermann, R.

2010-01-01

The Principles of European Law on Service Contracts (PEL SC) were drafted between 1999 and 2006 by the Tilburg Team of the Study Group on a European Civil Code (SGECC). A slightly modified version of the PEL SC has recently been implemented in Book IV.C of the Draft Common Frame of Reference (DCFR).

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: The European Private International Law Tradition Continued. : Introductory Observations, Scope, System, and General Rules

NARCIS (Netherlands)

X.E. Kramer (Xandra)

2008-01-01

textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

OpenAIRE

Laura-Cristiana SPĂTARU-NEGURĂ

2017-01-01

After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

Directory of Open Access Journals (Sweden)

Aranđelović Jovan T.

2003-01-01

Full Text Available The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

Does Europe Include Japan? European Normativity in Japanese Attitudes towards International Law, 1854–1945

Directory of Open Access Journals (Sweden)

Urs Matthias Zachmann

2014-01-01

Full Text Available European normativity has been an epistemological problem for Japan throughout modernity (1868–1945. This essay discusses this problem in the case of international law by tracing its reception and application from the beginning, the opening- up of Japan in 1854, until the final demise of its imperialist project in 1945. During this period, Japan was the only non-Western great power in the hitherto all-European concert of powers. International law and the critique of European normativity played a central role in Japan’s ascent to power and confrontation with the West. In the first phase of reception between 1954 and 1905, Japanese attitudes towards international law were marked by an exceptional commitment to and acquiescence with the European standard, in line with Japan’s ambition to »leave Asia«. However, due to its strategic purposes, European normativity was more a means of political expediency than a matter of intrinsic conviction. Moreover, after the initial phase of receiving and practicing the principles of international law with considerable success, many Japanese began to feel a certain estrangement and inner reservation to European standards. Not until 1905, was Japan in a position to gradually challenge Europe. Thus, Japan’s interwar period (1905–1931 was an uneasy combination of outward compliance and inner reservation, a tension that Japan eventually resolved by withdrawing from Europe and trying to build its own autonomous sphere in East Asia after 1931. However, the example of Japanese international lawyers shows that in order to save international law from its ultranationalist critics and enemies, European normativity still remained the central cultural reference, albeit now in its revisionist variant (especially Soviet and Nazi German political thought and subject to a strategic re-interpretation. Thus, from the perspective of Japanese international lawyers, despite the Pan-Asianist pretenses of Japan’s official

Abortion in the light of case-law of the European Court of Human Rights

OpenAIRE

Koubková, Iveta

2012-01-01

Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

Financial Consumer Protection in the EU : Towards a Self-Sufficient European Contract Law for Consumer Financial Services?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rapid expansion of European contract law in the field of consumer financial services gives rise to the question to what extent it is self-sufficient. A self-sufficient European contract law presupposes the existence of an EU-made and EU-enforced contract-related legal order which is largely

Revisionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?

OpenAIRE

Torremans, Paul L.; Otero García-Castrillón, Carmen

2012-01-01

Worldwide copyright assignments that contain a choice of law clause are the norm. National copyright laws in the United Kingdom and Spain do, however, contain provisions on reversionary copyright in their transition provision. These provisions would, if applicable, terminate the assignment 25 years after the death of the author and hand the copyright back to the author's successors in title rather than the assignees. From a choice of law pwerspective this becomes a classification issue. This ...

CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

Directory of Open Access Journals (Sweden)

LUCIAN T. POENARU

2012-05-01

Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.

European integration and the supervision of local and regional authorities
Experiences in the Netherlands with requirements of European Community law

Directory of Open Access Journals (Sweden)

Bart Hessel

2006-06-01

Full Text Available As a result of increasing European integration, local and regional authorities are having to deal with European law more and more intensively. As Member States (read: central government are responsible vis-à-vis the Community for the errors of local and regional authorities, the question arises within Member States whether the central government possesses sufficient supervisory instruments for complying with their obligations under Community law: they must ensure that the errors of local and regional authorities are rectified in time, and national law must provide for sufficient possibilities to do so. Although Community law is neutral towards the internal relations between the various tiers of government within the Member States, this responsibility of the central government may, as a result of European integration, lead to a need for more powerful supervisory instruments in relation to local and regional authorities. In the past five years there has been some debate on this subject within the Netherlands and after a long delay the Dutch cabinet in 2004 decided that the existing supervisory instruments in the decentralized unitary state of the Netherlands should be expanded. The legislation intended to realize this expansion is being prepared. This discussion and its results would seem of interest to other Member States of the Community facing similar problems.

Breakout Session: International Treaties, Copyright Law, and the Future of the U.S.A. Presented by Kenneth D. Crews, attorney, Gipson Hoffman and Pancione.

Directory of Open Access Journals (Sweden)

Posie Aagaard

2018-02-01

Full Text Available Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.

PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION

Directory of Open Access Journals (Sweden)

George-Mihai IRIMESCU

2017-05-01

Full Text Available The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a tile. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law.

The Treaty of Lisbon and European Environmental Law and Policy

NARCIS (Netherlands)

Vedder, H.H.B.

2010-01-01

This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy

Competition in energy markets - law and regulation in the European Union

International Nuclear Information System (INIS)

Cameron, Peter Duncanson; Brothwood, Michael

2002-03-01

Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)

Freedom as in a Self-Sustainable Community: The Free Software Movement and Its Challenge to Copyright Law

Science.gov (United States)

Chen, Shun-Ling

2006-01-01

Copyright law, together with the market logic it carries, penetrates deeply into our daily life. The copyright regime is so restrictive that it turns a normal learning process into a series of potential copyright violations. The Free Software Movement (FSM) represents a substantial community effort to counter this trend. It seeks to supersede the…

Librarian Copyright Literacy: Self-Reported Copyright Knowledge among Information Professionals in the United States

Science.gov (United States)

Estell, Allison; Saunders, Laura

2016-01-01

Librarians often act as default copyright experts at their institutions and thus must have an awareness of copyright law and practices. Nevertheless, there is little in the scholarly literature about how well informed librarians are about copyright law. Through a national survey of professional librarians, this study illustrates librarians'…

The Legal Nature of Video Games – Adapting Copyright Law to Multimedia

Directory of Open Access Journals (Sweden)

Julian Simon Stein

2015-06-01

Full Text Available In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video games as a single 'multimedia work' rather than a product of many works of copyright.This article analyses the different types of original and derivative works contained in video games before evaluating the necessity and feasibility of a multimedia category of work, arguing in favour of the current system.

The Abyss of Complexity. Some Remarks on European and German Law in the Migration Crisis

OpenAIRE

Sölter, Nicolas

2016-01-01

This article focusses on dysfunctions of European and German law in the face of mass migration. In particular, it reflects the German debate on the relation of domestic constitutional provisions and EU asylum law.

European tax law

NARCIS (Netherlands)

Terra, B.J.M.; Wattel, P.J.

2008-01-01

This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

General Principles of the WTO and European Community Laws in Building International Competition Norms

Directory of Open Access Journals (Sweden)

Chan Mo Chung

2002-12-01

Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

Design Copyright: The Latest Judicial Hint

OpenAIRE

Scott Hemphill; Jeannie Suk

2013-01-01

The most intriguing aspect of the debate over fashion copyright is the occasion it presents for rethinking the expansive copyright law we currently have. C. Scott Hemphill (Columbia Law) & Jeannie Suk (Harvard Law)

Contents and effects of contracts - Lessons to learn from the Common European Sales Law

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2016-01-01

This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the

European union mission for the rule of law in Kosovo

Directory of Open Access Journals (Sweden)

Dr.Sc. Bejtush Gashi

2011-12-01

Full Text Available Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

Renewable Energies and European Union Law: between (internal) market and general interest

International Nuclear Information System (INIS)

Alvesdu, Carlos Manuel

2014-01-01

The various legislative instruments of the European Union related to renewable energy illustrate the complex relationship between the market and the public interest in the EU. How does the European public power articulate the public interest and the market? Such European laws are united by the way of a dialectical common approach. Firstly, it is about using the market to achieve the public interest, namely the protection of the environment. Therefore, the promotion of renewable energies, as a public interest goal, largely depends on the market. However, the market can do wrong. When the market is insufficient, fallible, the European Union will not hesitate to intervene to inflect it, in the name of the public interest

EuGH: Innocuousness of the nuclear fuel tax according to the European community law; EuGH: Europarechtliche Unbedenklichkeit der Kernbrennstoffsteuer

Energy Technology Data Exchange (ETDEWEB)

Anon.

2015-08-14

The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

Directory of Open Access Journals (Sweden)

Gabriela LUPŞAN

2014-08-01

Full Text Available As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption of, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the maintenance, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to maintenance, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for maintenance, when maintenance obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.

Some Problems Associated With the Application of Copyright Law Within the Music Industry

OpenAIRE

Miroslav Skoro

2009-01-01

This work examines the historical, philosophical and legal particulars relating to copyright law and intellectual property as an intangible work, as well as, the practical application of those rights with emphasis on the particular effects of computerisation and the emergance of the internet on the business results of the music industry. A question is raised as to whether it is businessly ethical for a legal entity to accrue considerable material gain as the result of illegal usage of copywri...

ROMAN MARKS TO EUROPEAN LAW OF THE CONTRACTS GOOD – FAITH

Directory of Open Access Journals (Sweden)

LIVIA MOCANU

2011-04-01

Full Text Available Beyond its political destinations, Europe is a civilization that each of its constituent parts has contributed its genius, over time. Or Rome, its original matrix, has sent her fundamental right. To what extent can it be another tool for reflection, for mutual understanding, sometimes of harmony, here's what seems to be necessarily raised, albeit briefly, by this favored means of communication and exchange, that it has always been the contract. Since then the issue is explained by the need to have a contractual law in the middle of this community adapted to the needs of this new burning community, in Europe of the beginning of the third millennium. In fact, market opening has led to considerable development of trade between the EU-counties and this is exactly cross-border flow through contracts. In this context we aimed to determine the role that it has one of the most important and current principles of law, that of good - faith in European contract law building.It is known that good - faith is experiencing a very special embodiment in the contract, where it assumes many functions. She is the subject of many studies and analysis and is likely to grow rapidly in national and supranational rights.Although contract law has evolved considerably, the theme is present and justified, under conditions which the Roman foundations remain. European contractual universe and its possible developments do not exclude but require an approach in terms of Roman law. Methodologically, the paper is structured as follows: good - faith in contracts, the birth and evolution of the concept (ancient Rome, Middle Ages, modern and contemporary and contemporary applications - abuse of right, information requirements, hardship principle.

Europeanisation of private law and English law

OpenAIRE

Beale, Hugh

2003-01-01

To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

The copyright book a practical guide

CERN Document Server

Strong, William S

2014-01-01

Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective. New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of "orphan works," and the latest developments under the Digital Millennium Copyright Act (...

Book review: ‘Digital Libraries: Reconciling Copyright Law and Cultural Heritage Policy’, Estelle Derclaye (ed.)

NARCIS (Netherlands)

Ringnalda, Allard|info:eu-repo/dai/nl/305951696

2014-01-01

Copyright law and cultural heritage policy are an odd couple. Although they have the same aims – or, more accurately, should have the same aims – they are often in conflict. Cultural heritage policy aims to preserve and make accessible works that are deemed to be part of our shared culture – books,

Rethinking European Competition Law : From a consumer welfare to a capability approach

NARCIS (Netherlands)

Claassen, Rutger; Gerbrandy, Anna

2016-01-01

European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies to

Rethinking European Competition Law: from a consumer welfare to a capability approach

NARCIS (Netherlands)

Claassen, Rutger; Gerbrandy, Anna

European competition law is predominantly focused on maximizing consumer welfare. This overarching purpose (which is supported by economic theory) leaves little place for safeguarding non-economic values, such as sustainability. This makes it difficult to allow cooperation between companies which

Conflicts by Convergence and Deep Disagreements in European Constitutional Law

Directory of Open Access Journals (Sweden)

Scarcello Orlando

2017-08-01

Full Text Available In this essay the question of what kind of conflicts are at stake in the context of European pluralism will be considered, with special focus on the shift from “conflicts by divergence” to “conflicts by convergence” and on attempts to conceptualise these issues by means of the concept of “complex antinomy”. It will be argued that this analysis needs some refinement and the concept of “levels of disagreements” will be introduced as an alternative. A specific focus will be maintained on the impact of different interpretive methodologies: in this way it is possible to underline the structure of “deep” and “superficial” disagreements in the context of European law. In order to illustrate this point, some notes on the recent Taricco saga will be developed. Finally, the relevance for European constitutionalism of deep disagreements on interpretive methodologies will be underlined.

National Assembly of Serbia and European Parliament: A constitutional-law comparison

Directory of Open Access Journals (Sweden)

Orlović Slobodan P.

2011-01-01

Full Text Available For better understanding of the two parallel processes - EU integration and the rapprochement of the Republic of Serbia to the Union, a comparison of National Assembly of Serbia and European Parliament could be used. There are two legislative bodies in matter, which despite some similarities have numerous differences. The key difference is that National Assembly is a 'full' legislative body, and European Parliament is a part of the Union's legislation, such as one of the Parliament's houses. Perhaps the most important cause of this difference is the fact that National Assembly is a power body of the State, and the European Parliament is an institution of a political and economic community which is not (yet a state. It is to be assumed that the constitutional-law differences between European Parliament and National Assembly, or the parliament of another state, will increasingly diminish if the processes of the transfer of states' sovereignty to the European Union continue. At the same time, the relation of the political power of the European Parliament and the national parliaments of the Union state members will change.

Uniform interpretation of european patent law with a special view on the creation of a common patent court

NARCIS (Netherlands)

Luginbühl, SL

2009-01-01

The European Patent Convention (EPC) provides for a common application and examination procedure for European patents. Therefore, European patents are granted on the basis of uniform European law which is applied and interpreted by the EPO, as well as by a great number of national judges and members

Case - Case-Law - Law

DEFF Research Database (Denmark)

Sadl, Urska

2013-01-01

Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

Europe at the frontline: analysing street-level motivations for the use of European Union migration law

NARCIS (Netherlands)

Dörrenbächer, N.

2017-01-01

This contribution investigates what motivates the use of European Union (EU) law at the street level of migration law implementation. The street level is a crucial venue for EU implementation because lower-level implementers critically influence the level of EU compliance eventually achieved.

Local contestation against the European Union Rule of Law Mission in Kosovo

NARCIS (Netherlands)

Mahr, Ewa

2018-01-01

This article examines local contestation against the European Union Rule of Law Mission in Kosovo (EULEX), manifesting itself in local actors publicly demanding a change in the mission’s mandate and/or its operations. The article investigates how EULEX’s actions and its effectiveness are perceived

RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW

Science.gov (United States)

Scott, Rosamund

2016-01-01

Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly ‘liberal’. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. PMID:26546800

Internal Security Cooperation under Functional Expectations: Initial Law Enforcement Europeanization - Case of Finland and Estonia

Directory of Open Access Journals (Sweden)

Ramon Loik

2016-03-01

Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.

Compartir buenas prácticas docentes en la European Law Faculties Association

Directory of Open Access Journals (Sweden)

Ana Maria Delgado

2014-06-01

Full Text Available La European Law Faculties Association (http://elfa-afde.eu celebró la asamblea y la conferencia anual (http://elfa-afde.eu/agm-2014-strasbourg, coorganizada con el Parlamento Europeo, los días 19 a 21 de marzo de este año, en Estrasburgo.

Copyright or Contract?

Science.gov (United States)

Okerson, Ann

1997-01-01

Most authors and publishers of electronic information believe that current copyright law does not address technical capabilities or reader uses and have turned to contracts or licenses to define the rights of owners and users. Discusses copyrights, fair use, and licenses and highlights licensing's unresolved issues: use and users; archiving;…

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

Directory of Open Access Journals (Sweden)

Laura-Cristiana SPĂTARU-NEGURĂ

2017-05-01

Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

Varieties of European Economic Law and Regulation : Liber Amicorum for Hans Micklitz

NARCIS (Netherlands)

Purnhagen, K.; Rott, P.

2014-01-01

This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European

RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW.

Science.gov (United States)

Scott, Rosamund

2016-01-01

Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. © The Author 2015. Published by Oxford University Press.

Harmonization of renewable electricity feed-in laws in the European Union

International Nuclear Information System (INIS)

Munoz, Miquel; David Tabara, J.; Oschmann, Volker

2007-01-01

This paper focuses on the harmonization of feed-in laws in the European Union as a support mechanism for the promotion of renewable electricity. In particular, it proposes a methodology for harmonization based on a feed-in law with a modular and transparent premium for renewable electricity producers. This premium considers technology costs, some grid services, political incentives and national priorities. The proposed approach includes flexibility mechanisms to update and revise premiums, to avoid windfall profits for producers, and to share technology innovation benefits with electricity consumers while maintaining incentives for innovation. Our approach is based on the review of the main features of the German and Spanish feed-in laws, and takes into account other necessary considerations for harmonization, such as grid access, funding, definitions and standards, ownership of rights derived from renewables, and exceptions for small non-commercial producers and energy-intensive industries. (author)

Commercial sales: the Common European Sales Law compared to the Vienna Sales Convention

NARCIS (Netherlands)

Loos, M.B.M.; Schelhaas, H.

2013-01-01

If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts, the

Recent Case Law

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2004-01-01

In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

Copyright protection

OpenAIRE

Plchotová, Gabriela

2011-01-01

The aim of this thesis is to offer a straightforward manual to anyone who authors their own original work or who utilises the original work of other creators. As such, it is necessary to briefly and clearly explain the historical development and essential terms of authorship as a concept and the origin of the need for copyright protection. Furthermore, this thesis includes chapters on copyright protection development specifically in the Czech Republic and the current definition of related law...

Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

Directory of Open Access Journals (Sweden)

Susanne D. Burri

2013-01-01

Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

Knowledgeability of Copyright Law among Librarians and Library Paraprofessionals Employed in Adult Services at a Large Public Library System.

Science.gov (United States)

Lavelle, Bridget M.

Since public libraries contain copyrighted works in the form of print, electronic or audiovisual sources, librarians and library paraprofessionals need to possess sufficient knowledge of United States copyright law to meet the information needs of patrons successfully and legally. A literature review revealed that minimal works address this topic.…

Using a Two-Tier Test to Assess Students' Understanding and Alternative Conceptions of Cyber Copyright Laws

Science.gov (United States)

Chou, Chien; Chan, Pei-Shan; Wu, Huan-Chueh

2007-01-01

The purpose of this study is to explore students' understanding of cyber copyright laws. This study developed a two-tier test with 10 two-level multiple-choice questions. The first tier presented a real-case scenario and asked whether the conduct was acceptable whereas the second-tier provided reasons to justify the conduct. Students in Taiwan…

The Biomedicine Convention as an object and a stimulus for comparative research in the European Journal of Health Law.

Science.gov (United States)

Nys, Herman

2008-09-01

The European Association for Health Law has ambitious objectives. Two of them are "to encourage and facilitate co-operation among health lawyers throughout Europe" and "to encourage and support the development of health law in European and international relations". Comparative legal research will be an important means to reach these objectives. In this contribution the author takes a closer look at this Convention as an object but also as a stimulus for comparative research in health law. To this end relevant articles have been analyzed that have been published in this journal from its creation in 1994 until the end of 2007.

Lexicography, terminography and copyright | Alberts | Lexikos

African Journals Online (AJOL)

Keywords: author's right (copyright); copyright (author's right); copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; ...

The Impact of the Charter of Fundamental Rights of the European Union on VAT Law

DEFF Research Database (Denmark)

Elgaard, Karina Kim Egholm

2016-01-01

The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic...... discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special...

Copyright Laws and Fair Use in the Digital Era: Implications for Distance-Education Programs in Community Colleges

Science.gov (United States)

Lawhon, Tommie; Ennis-Cole, Demetria; Lawhon, David C.

2006-01-01

Practical information on the necessity for community colleges, instructors, and students to understand and abide by the copyright laws is essential. Whether developing, structuring, maintaining, or presenting courses, or instructing students on the development of their own papers, one must be knowledgeable about plagiarism, the Fair Use Act, and…

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

NARCIS (Netherlands)

Flegar, Veronika

2015-01-01

“Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

Nuclear power use backed by EURATOM law. European Court of Justice ruling points the way ahead in cross-border litigation

International Nuclear Information System (INIS)

Schneider, Horst

2010-01-01

The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)

Grasping Legal Time : A Legal and Philosophical Analysis of the Role of Time in European Migration Law.

NARCIS (Netherlands)

Stronks, Martijn

2017-01-01

This book is about time, law and migrants. It consists of a legal and philosophical scrutiny into the question: why do migrants receive stronger rights over the course of time in European migration law? That migrants receive stronger rights over time is easily proven, much more difficult is the

Patient-reported outcomes instruments: bridging the gap between international copyright laws and common practice for developers and users--a case example.

Science.gov (United States)

Anfray, Caroline

2009-12-01

Copyright laws are intended to protect the rights of authors in their literary, scientific, and artistic works. The recent controversy about the standardized version of the Asthma Quality of Life Questionnaire between Elizabeth Juniper and Eirini Grammatopoulou et al. is an example of the difficulties inherent to copyright faced by developers and users of patient-reported outcome (PRO) instruments. This brief communication presents the basics of international copyright laws (i.e., the Berne Convention), the facts behind the controversy, and our analysis of the case based on our experience as a distributing center of PRO instruments. We conclude that better communication between developers and users would prevent most unfortunate complications and misunderstandings.

International and European Security Law

Directory of Open Access Journals (Sweden)

Jonathan Herbach

2012-02-01

Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

Standard contract terms regulation in the proposal for a common European sales law

NARCIS (Netherlands)

Loos, M.B.M.

2012-01-01

In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the

Photocopying and the Law: A Guide for Librarians and Teachers and Other Suppliers and Users of Photocopies of Copyright Work.

Science.gov (United States)

Australian Copyright Council, Sydney.

Some possible uses to which the photocopying of copyright works can be put under the Copyright Act of 1968 are explored. The topics considered are "substantial part," fair dealing in relation to research, private study and published criticisms or reviews, photocopying limitations, illustrations and multiple copies. The law, as…

Harmonization of domestic legislation in the field of civil law with the European Union law: Securing of claims by means of fiduciary agreements

Directory of Open Access Journals (Sweden)

Pajtić Bojan

2012-01-01

Full Text Available This paper analyses fiduciary agreements, which, as a form of contract, that is the means of securing obligation and legal claims, are regulated by provisions of specific laws and codifications in some of the European Union countries. Even the Montenegrin legislator enacted a special law governing these legal matters, however in the Serbian law fiduciary agreements fall into the category of innominate contracts. Fiducia originates in the Roman Law and constitutes the first common form of the pledge law. The Latin term fiducia means 'trust', since these legal matters were, first of all, based on the trust between contractual parties. This paper addresses the institution of 'trust' as it is the Anglo-Saxon counterpart of the fiduciary agreement. Etymologically, 'trust' has the same meaning as the term fiducia - trust. Due to their advantages, fiduciary agreements are not even uncommon in the domestic legal practice, while there are certain, as we have already announced, theoretical, but also practical concerns arguing admissibility of this legal matter. These arguments mainly come down to the thesis (mentioned above that entering into the fiduciary agreement results in violation of the ban on performance of contract lex commissoria in the pledge law. Nevertheless, I provided explanation that differences between contracts of pledge and fiduciary agreements clearly point to the conclusion that fiduciary agreements may not be treated as a pledge, hence they are admissible, that is, they are concluded on the principle of contractual freedom as an imperative norm of the Law on Obligations. Fiduciary agreements (in relation to the realistic means of security offer to the creditor a higher level of security, reduce the period of payment of his claims, also providing practical benefits for the debtor himself. The paper presents the reasons supporting the view that it would be advantageous for the Serbian legislator, in the process of harmonization of the

European food law handbook

NARCIS (Netherlands)

Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.

2008-01-01

This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through

Injunctions against mere conduit of information protected by copyright

DEFF Research Database (Denmark)

Sandfeld Jakobsen, Søren; Petersen, Clement Salung

2011-01-01

This paper includes an in-depth analysis of EU law and Scandinavian law on injunctions against internet access providers (IAPs) performing as mere conduit of information protected by copyright. In recent Scandinavian case law, courts have granted preliminary injunctions which have caused IAPs...... to either shut down specific internet connections allegedly used to infringe copyright or to block access to internet content, which allegedly infringed applicable copyright rules. This paper considers some significant legal challenges, which are emerging in the wake of this case law, and which should...... requires rules, which take into due consideration the special aspects related to enforcement of copyright on the internet through IAPs. Secondly, it is shown that the termination of internet connections and the blocking of access to internet content may not support the public policies behind copyright law...

You Can't Eat Biodiversity: Agency and Irrational Norms in European Aquatic Environmental Law

Directory of Open Access Journals (Sweden)

Tim G. O'Higgins

2017-02-01

Full Text Available Policies of the European Union cover a range of social, environmental and economic aspirations and the current environmental directives and laws have evolved from a suite of norms which have changed over time. These may be characterised loosely according to 'Three Ps': Practical, those taking an anthropocentric approach; Pure, those taking an ecocentric approach and Popular, those appealing to the general public. In this paper I use these three perspectives as a tool to analyse the complexity and identify contradictions in European aquatic environmental legislation. Some trade-offs between development and conservation are identified and used to characterise the potential qualities of more successful agency to achieve environmental goals in the governance of European aquatic environments.

Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

Directory of Open Access Journals (Sweden)

Mancano Leandro

2016-05-01

Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

Cell-Based Veterinary Pharmaceuticals - Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union.

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

Copyright for librarians the essential handbook

CERN Document Server

Berkman Center for Internet and Society

2012-01-01

"Copyright for Librarians" (CFL) is an online open curriculum on copyright law that was developed jointly with Harvard’s Berkman Center for Internet and Society. Re-designed as a brand new textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online version which contains additional links and references for students who wish to pursue any topic in greater depth. Delve into copyright theory or explore enforcement. With a new index and a handy Glossary, the Handbook is essential reading for librarians who want to hone their skills in 2013, and for anyone learning about or teaching copyright law in the information field.

Managing copyright in higher education a guidebook

CERN Document Server

Ferullo, Donna L

2014-01-01

Written by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.

Introduction, Copyright's Paradox

OpenAIRE

Netanel, Neil

2008-01-01

The United States Supreme Court famously labeled copyright “the engine of free expression” because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today’s greatly expanded copyright law often does the opposite—it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright’s Paradox, Neil Weinstock ...

Search Engine Liability for Copyright Infringement

Science.gov (United States)

Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

NARCIS (Netherlands)

Hesselink, M.

2012-01-01

Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

NARCIS (Netherlands)

Hesselink, M.W.; Claeys, I.; Feltkamp, R.

2013-01-01

Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

77 FR 3506 - Copyright Office Fees

Science.gov (United States)

2012-01-24

... creativity. The copyright law itself is designed to promote and protect authorship and this includes... LIBRARY OF CONGRESS Copyright Office [Docket No. 2012-1] Copyright Office Fees AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Inquiry; Fees. SUMMARY: The U.S. Copyright Office is in...

Of Otakus and Fansubs: A Critical Look at Anime Online in Light of Current Issues in Copyright Law

Directory of Open Access Journals (Sweden)

Jordan S. Hatcher

2005-12-01

Full Text Available The advent of digital technology and increased global connectivity has, to put it mildly, caused some ripples for the entertainment industry specifically and copyright law generally. In the aftermath, many are searching for new ways to incorporate the benefits of digital copies and the internet while minimizing the harms. To some, the anime industry and its fans offer examples of how an industry can benefit and even grow from allowing copyright infringement. This article examines the anime industry in-depth with this suggestion in mind and places the industry among current copyright policy debates, such as those suggested by Lawrence Lessig.

The Text in the Machine: American Copyright Law and the Many Natures of Software, 1974-1978.

Science.gov (United States)

Díaz, Gerardo Con

This article is a case study in the history of software copyright in the United States from 1974 to 1978. It focuses on the work of a group called the National Commission on New Technological Uses of Copyrighted Works. CONTU, as this group was known, faced the problem of choosing which ontology of software-by which I mean a conception of the nature of software as an invention-should serve as the conceptual underpinning for the law of software copyright. In particular, the commissioners needed to decide whether computer programs are texts, machines, means to communicate with machines, or many of these things at once. CONTU's history shows how the discursive emergence of software as a new technology has been shaped by the convergence of commercial interests, the transmission of technical knowledge to lay audiences, and idiosyncratic views on the nature of information technology and human creativity.

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

Cell-Based Veterinary Pharmaceuticals – Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union

Science.gov (United States)

Faltus, Timo; Brehm, Walter

2016-01-01

Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States. PMID:27965965

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

Intersectionality and its journeys: from counterhegemonic feminist theories to law of european multilevel democracy

Directory of Open Access Journals (Sweden)

María Caterina La Barbera

2017-06-01

Full Text Available Democratization processes imply questioning the discriminatory effects of law and politics, and challenging exclusionary legal categories and political institutions. Intersectionality was born as a tool for critical legal analysis and allowed identifying the multiplicity of interactions generated by social exclusion on the grounds of gender, sexual orientation, race, religion, national origin, (disability and socioeconomic status, shedding light on the complexity of the mechanisms of power and privilege in social relations. In the last twenty-five years, intersectionality gained increasing popularity in the Anglophone academia, but it had uneven diffusion in the different socio-political contexts. The goal of this article is to identify the challenges of using intersectionality in the multilevel context of the European Union. To this end, the first part of this article addresses the conceptual origins of intersectionality, providing a genealogy that connects it with counterhegemonic feminist theories. In the second part, intersectionality is put in the American socio-legal context of the 70s where it originated in connection with the movement of Critical Legal Studies. Finally, considering the challenges involved in transposing into the legal framework of European Union a concept that traveled from another legal system, the third part of the article offers an overview of the recent development of European Union law as an example of the advancements and challenges that the introduction of intersectionality can suppose for democratic societies. The final goal of this study is to contribute to the broader debate on the implementation of intersectionality in the multilevel European democracy.

Copyright

Science.gov (United States)

2016-01-01

‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor

International and European law on protected areas and climate change: need for adaptation or implementation?

Science.gov (United States)

Cliquet, A

2014-10-01

The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

The European Union Rule of Law Mission in Kosovo

DEFF Research Database (Denmark)

Zupancic, Rok; Pejič, Nina; Grilj, Blaž

2017-01-01

different types and levels of effectiveness, considering both means applied and ends achieved. In so doing, the article contributes to the general literature on operational conflict prevention and on the specific case of Kosovo. The empirical analysis is based on fieldwork and semi-structured interviews......This article appraises effectiveness in operational conflict prevention. By focusing on the European Union Rule of Law Mission (EULEX) in Kosovo, it assesses the most extensive civilian Common Security and Defence Policy mission so far. Contrary to prevailing assessments, it posits that EULEX......, despite its challenges and deficiencies, presents positive contributions to operational conflict prevention, and peace-building. This is uncovered through structured focused analysis according to effectiveness criteria and success indicators that allow for identification of and distinction between...

How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

Directory of Open Access Journals (Sweden)

Jet Tigchelaar

2016-07-01

Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

Copyright Resources for School Librarians

Science.gov (United States)

Johnson, Yvonne M.; Johnson, Nicole M.

2016-01-01

This article provides a collection of annotated citations for online resources of interest to school librarians; the focus is on copyright law, related information, and guidelines. The citations are organized by themes based on common issues. Copyright protects originally created works, including movies, recorded music performances, novels,…

The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment

International Nuclear Information System (INIS)

Schloemer, Jan

2013-01-01

The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.

The ban on reprocessing as seen from the perspective of European law

International Nuclear Information System (INIS)

Hanenburg, E.; Warg, G.

1999-01-01

The plan of the German federal government to opt out of the peaceful uses of nuclear power for electricity generation initially was to incorporate also a ban on reprocessing spent fuel elements. On February 22, 1999, Federal Minister for the Environment Trittin finally announced that his revised draft for the time being would contain no ban on reprocessing. That ban, as originally planned, raises a number of issues of European law which are analyzed in the article by Hanenburg and Warg, especially the question whether the ban on reprocessing constitutes a violation of the principles and objectives of the Common Market. The legal principles underlying the Common Market, especially the Euratom Treaty among the member countries, constitute the basis of the analysis in which, inter alia, aspects such as cross-border reprocessing and secondary European law or the legal consequences of the Euratom Treaty for the opting-out policy of the German federal government are dealt with. The analysis arrives at the finding that a final opt-out as planned by the German federal government in the amendments to the Atomic Energy Act, and the complete substitution of nuclear electricity by other sources of energy, violate the purpose of the Euratom Treaty at least to keep open the structural possibility of generating electricity by nuclear power. (orig.) [de

The Copyright/Design Interface in Denmark (and Scandinavia)

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Rosenmeier, Morten

2016-01-01

This article examines the interface in copyright and design law in Denmark and with accounts also for Norway and Sweden. It is pointed out how Scandinavian courts have historically employed several strategies to limit copyright protection of works of applied art including 1) “raising the bar......” to keep works with “clear functional intentions” out of copyright (as seen in Norway and until recently also in Sweden) and 2) narrowing the scope of protection (seen in all three nations). It is finally pointed out how, presently, it is doubtful to what extent the de-velopment in EU law will allow...... these models developed in national law to continue....

Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

Science.gov (United States)

Grosse, Claudia; Grosse, Alexandra

2015-10-01

This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

THE UGANDA COPYRIGHT AND NEIGHBOURING RIGHTS BILL ...

African Journals Online (AJOL)

The paper discusses the concept and philosophy of copyright. It also discusses copyright infringement with special reference to ICT. Furthermore, the paper examines international provisions related to copyright and reviews the Copyright Law Model. The paper also identifies gaps in the Uganda Copyright Bill, 2002 and ...

DMCA, CTEA, UCITA ... Oh My! An Overview of Copyright Law and Its Impact on Library Acquisitions and Collection Development of Electronic Resources

Science.gov (United States)

Lee, Leslie A.; Wu, Michelle M.

2007-01-01

The purpose of traditional copyright law was to encourage the creation of works based on and to ensure reasonable access to original thought. Despite this harmonious intent, an intrinsic tension exists between libraries and copyright holders, as the former promotes "free" access to information that ultimately reduces the income of the…

Paradigm shift in European intellectual property law? From Microsoft to Linux

NARCIS (Netherlands)

Guibault, L.

2006-01-01

The author Lucie Guibault analyzes the phenomenon of "open source" software and its impact on copyright and patent law. These software are freely distributed on the Internet and their modification and redistribution are encouraged. However, selling or commercializing such software is highly

76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

Science.gov (United States)

2011-07-13

... Royalty and Distribution Reform Act of 2004 was signed into law creating the Copyright Royalty Judges, Public Law 108-419, 118 Stat. 2341. The Act replaced the royalty panels with three Copyright Royalty... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 251 [Docket No. 2011-5] Copyright Arbitration...

Non-Book Materials and Copyright.

Science.gov (United States)

McNally, Paul T.

1978-01-01

Reviews Australian copyright laws as they apply to photographs, slides, overhead transparencies, filmstrips, sound and video recordings, and films. Responsibilities of the library as user are discussed. (RAO)

Conferring of contracts by utilities in the Single European Market. Transposition of the sectoral directive where it concerns construction and delivery orders into German law

International Nuclear Information System (INIS)

Pick, H.; Wetzel, U.

1994-01-01

After the enactment of the Second Law Amending the Law on Budgetary Principles, the Ordinance on the Confering of Contracts, and the Ordinance on Verification; and the amendment of the ordinances on the placing of construction and delivery orders (VOB and VOL) the European Directives on so-called ''public'' tendering can be said to be transposed into German law as far as they concern construction and delivery orders. This means that as of 1 March 1994 besides the ''classical'' public contractors utilities, too, must invite bids Europe-wide. According to European law this also applies to service orders as of 1 July 1994, but this provision still awaits transposition into German law. (orig.) [de

Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective

DEFF Research Database (Denmark)

Faeh, Andrea

2012-01-01

of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.......In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences...

Copyright Ownership in a Networked Multimedia Environment

Science.gov (United States)

Williams, Vernon E.

1994-01-01

The explosion of computer communications in the United States has spurred the development of many new technologies. One of these new technologies is Mosaic and the World-Wide Web. Mosaic is a user interface that uses the internet as a backbone for communications. The Mosaic interface enables a user to manipulate text, images and graphics produced by different authors. The flexibility that Mosaic offers raises significant copyright issues. This paper attempts to analyze these issues using current copyright law as a framework. The author then goes on to offer a different analysis that may result from future developments in copyright law.

Lexicography, Terminography and Copyright

Directory of Open Access Journals (Sweden)

Mariëtta Alberts

2012-09-01

Full Text Available

The focus of this article is on copyright issues with specific reference to lexicography and terminography. Lexicographers and terminographers are in the peculiar position of being both creators of copyrightable products and users of copyrighted products. An inventory of accrued rights, the nature of dictionaries as subjects of copyright, national laws and international conventions, terminographical and lexicographical practice, the copyright status of dictionary elements, as well as infringement pitfalls, is made in order to propose guidelines on the legal position of the compilation and publishing of dictionaries. Electronic publications and dissemination on the Internet is considered and discussed, and contractual agreements protecting mutual rights is offered as a final conclusion.

Keywords: author’s right (copyright; copyright (author's right; copyright infringement; copyright issue; copyright law; copyrightable product; copyrighted product; database storage system; denominator; economic right; electronic communication network; fair use; infringement; intellectual property; intellectual property right; lexicographer; lexicography; macrostructure; microstructure; moral right; tangible medium; terminographer; terminography; terminologist; terminology

Leksikografie, terminografie en outeursreg

In hierdie artikel word gefokus op outeursregkwessies met spesifieke verwysing na die leksikografie en terminografie. Leksikograwe en terminograwe bevind hulle in 'n vreemde situasie deurdat hulle sowel skeppers van outeursregbare produkte is as gebruikers van outeursberegte produkte. 'n Inventaris word opgestel van toegevalle regte, die aard van woordeboeke as onderworpe aan outeursreg, nasionale wette en internasionale konvensies, terminografiese en leksikografiese praktyk, die outeursregstatus van woordeboekelemente, asook van slaggate rakende outeursregskending ten einde riglyne vir die regsposisie van die samestelling

RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

Directory of Open Access Journals (Sweden)

Virgilijus Valančius

2017-12-01

Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

The Structure of European Food Law

NARCIS (Netherlands)

Meulen, van der B.M.J.

2013-01-01

This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and comparison to food law approaches in other parts of the

EU international family law: Legal basis, sources, case law of ECJ

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2012-01-01

Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

Consent to Behavioural Targeting in European Law - What are the Policy Implications of Insights from Behavioural Economics?

NARCIS (Netherlands)

Zuiderveen Borgesius, F.

2013-01-01

Behavioural targeting is the monitoring of people’s online behaviour to target advertisements to specific individuals. European law requires companies to obtain informed consent of the internet user before they use tracking technologies for behavioural targeting. Other jurisdictions also emphasise

Kıbrıs Türk Hukukunda İletişim Etiği Çerçevesinde Telif Hakkı Sorunları / Copyright Problems in the Turkish Cypriot Law within the Framework of Communication Ethics

OpenAIRE

Ayhan Dolunay; Gökçe Keçeci

2017-01-01

Abstract Regarding the issue of copyright, our study firstly defines the concepts of “visual communication” and “communication ethics”, mentions the origin of copyrights; and then discusses the copyrights in the Turkish Cypriot Law and the copyright issue in terms of Turkish law and Common Law due to the relations with Turkish Cypriot Law. Finally, this study will deliver concrete solution proposals upon the improvement of copyrights from the perspective of Turkish Cypriot Law.   ...

Copyright, an Incentive or a Burden?

Directory of Open Access Journals (Sweden)

2007-01-01

Full Text Available A copyright provides protection for original artistic or literary work and is valid for the life of the owner plus 70 years. There is a growing tension between creative practices that require access to content that is often copyrighted, and increasingly restrictive intellectual property laws and policies governing access to copyrighted content. Very recently this has played out in the law suit between the media corporation Viacom and the Internet portal YouTube, which is owned by Google. This is against the background of a steadily emerging open source and creative commons culture. Milestones in the open source movement are the OpenOffice office suite, Netscape's publication of the source code for its product as open software, Google's library project, various free archives for scientific dissemination, such as Cornell University's ArXiv.

Abstract legal effect of juridical acts in European and Serbian law

Directory of Open Access Journals (Sweden)

Dudaš Atila

2012-01-01

Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

The Copyright Surveillance Industry

Directory of Open Access Journals (Sweden)

Mike Zajko

2015-09-01

Full Text Available Creative works are now increasingly distributed as digital “content” through the internet, and copyright law has created powerful incentives to monitor and control these flows. This paper analyzes the surveillance industry that has emerged as a result. Copyright surveillance systems identify copyright infringement online and identify persons to hold responsible for infringing acts. These practices have raised fundamental questions about the nature of identification and attribution on the internet, as well as the increasing use of algorithms to make legal distinctions. New technologies have threatened the profits of some media industries through copyright infringement, but also enabled profitable forms of mass copyright surveillance and enforcement. Rather than a system of perfect control, copyright enforcement continues to be selective and uneven, but its broad reach results in systemic harm and provides opportunities for exploitation. It is only by scrutinizing copyright surveillance practices and copyright enforcement measures that we can evaluate these consequences.

Abuse of law in European tax law: an overview and some recent trends in the direct and indirect tax case law of the ECJ — part 2

OpenAIRE

Weber, Dennis

2013-01-01

This paper examines the right of the EU Member States to combat abuse, as defined in the case law of the European Court, in particular, the balance between enforcement of the principle of legal certainty, the right to choose the most favourable fiscal route and the right of states to combat tax avoidance. Part 2 analyses, inter alia, how specific an anti-abuse provisions should be, the burden of proof, tax jurisdiction shopping and the consequences of abuse

法律經濟學與著作權共舞 Shall We Dance? When Law and Economics Meets Copyright

Directory of Open Access Journals (Sweden)

胡心蘭 Hsin-Lan Hu

2008-12-01

1970s, Law and Economics emerged as a wholly new field of legal research and study. Economics provides not only a behavioral theory to predict how people respond to changes in laws, but also a useful normative standard for evaluating law and policy. In the eyes of economists, laws are instruments for achieving important social goals, namely, resources allocative efficiency. In the area of Copyright Law, economic analysis has taken an important role in examining the conflict of interests between copyright owners and public. Scholars and experts of law and economics have been working to find out the most efficient way to allocate the scarce resource and to maximize social welfare – in copyright law, is the Constructional object of promoting the progress of science and useful art. In this article, the author will first introduce the movement of Law and Economic Analysis, and illustrate the development and the central contentions of different schools. The author will also present a briefly historical background of the U.S. Copyright Act, in which, the economic factors and the growth of technologies pour a heavy influence into the development of that Act. Next, the author will describe the various approaches employed by the Law and Economic analysis, through first defining some basic concepts of economics analysis, and then try to apply Law and Economic analysis to the U.S. copyright law, particularly in the copyright infringement cases which involved the application of Fair Use Doctrine, in order to survey the advantages and limits of the adoption of Law and Economic analysis, under the ultimate object of “Promoting the Science and Useful Art.”

IR. Theory Meets European Union Law. Constitutional Battles, Sovereign Choices & Institutional Contingencies in the Legacy of the European Integration Process

DEFF Research Database (Denmark)

Wind, Marlene

From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their p......From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts...... of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where...

The Unification of Private International Law

Directory of Open Access Journals (Sweden)

Emira Kazazi

2015-07-01

Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

Is There Any Evidence on the Existence of an Environmental Taxation Kuznets Curve? The Case of European Countries under Their Rule of Law Enforcement

Directory of Open Access Journals (Sweden)

Concetta Castiglione

2014-10-01

Full Text Available The paper gives new insights into the environmental taxation policy, demonstrating the existence of an inverse U-shaped relationship between environmental taxation and income in European countries. Our findings reveal this relationship to be influenced by enforcement of the rule of law, which contributes to shifting the turning point on the curve to lower income levels. We show that former transition economies have not reached the turning point due to weak institutions. To achieve the goal of sustainable development, the European Environment Agency’s Environmental Taxation Reform, proposing to shift taxation from “goods” to “bads”, should be accompanied by effective enforcement or the rule of law. The heterogeneity found between market-based and former transition European countries demonstrates the existence of problems at the EU-level in the coordination of environmental policies and enforcing the rule of law. In addition, the analysis of the determinants of environmental taxation points to the importance of factors related to consumption and production, governance, environmental quality, oil price shocks and the shift of environmental policy in European countries.

Copyright Essentials for Linguists

Directory of Open Access Journals (Sweden)

Paul Newman

2007-06-01

Full Text Available This paper addresses copyright issues that linguists confront in their capacity as users and creators of scholarly work. It is organized in a simple question-answer format. Questions 1-3 present the basics of U.S. copyright law, including the fundamental nature of copyright as a bundle of intellectual property rights and the role of registration. Questions 4-5 treat issues of copyright notice. Questions 6-8 explain licenses, especially Creative Commons licenses, and the function of an Author's Addendum. Questions 9-10 look at copyright in the context of online open access publishing. Question 11 discusses the concept of Fair Use. Question 12 analyzes the problem of what are called Orphan Works. Questions 13-19 explore issues of copyright ownership, including Work for Hire, joint authorship, and attribution. Questions 20-22 deal with copyright with specific reference to fieldwork situations and indigenous rights. The paper concludes with a brief presentation of key sources for further study and clarification.

European Non-Discrimination Law : A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

NARCIS (Netherlands)

Speekenbrink, S.

2012-01-01

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)

Implication of Copyright Provisions for Literary Works in Films and ...

African Journals Online (AJOL)

The emphasis of copyright is on original literary works, films, sound recordings and others. The focus of this paper is to discuss the various provisions of the copyright law as they affect films, video and by extension video CD. The study examines the various interpretations of the provisions of the copyright law as they affect ...

Criminal law policy of Latvia in the context of European Union: The treaty of Lisbon

Directory of Open Access Journals (Sweden)

Vilks A.

2012-10-01

Full Text Available The article is devoted to the analysis of the content of EU Treaty of Lisbon, which deals with ensurance of freedom, security and justice in the joint European space. The Treaty of Lisbon describes the attempts of the European Union to ensure a high security level to prevent and fight crime, rasism and xenophobia, to develop particular measures of coordination and cooperation between police and judicial authorities and other competent authorities for their further development, as well as for the mutual recognition of judgements in criminal matters. Correspondingly, the implementation of the requirements of the Treaty of Lisbon identifies the need to form an adequate national criminal law policy in our country as well.

Copyright in the age of online access : Alternative compensation systems in EU copyright law

NARCIS (Netherlands)

de Miranda Branco Tomé Quintais, J.P.

2017-01-01

The large majority of the EU population uses the Internet. For many individuals, their online acts of enjoyment and expression are restricted by copyright. For users and rights holders alike, the existing model of exclusivity with enforcement is problematic. Online enforcement is either impossible

Practical experience in post-mortem tissue donation in consideration of the European tissue law.

Science.gov (United States)

Karbe, Thomas; Braun, Christian; Wulff, Birgit; Schröder, Ann Sophie; Püschel, Klaus; Bratzke, Hansjürgen; Parzeller, Markus

2010-03-01

In consequence of the European guidelines of safety and quality standards for the donation, retrieval, storing and distribution of human tissues and cells the purpose of tissue transplantation was implemented into German legislation in May 2007. The law came into effect on August 1st 2007 considering of the European rules. The Institutes for Legal Medicine of the University of Frankfurt/Main and the University Medical Center Hamburg-Eppendorf developed a model for tissue retrieval. The Institute of Legal Medicine (I.f.R.) at the University Medical Center Hamburg cooperates with the German Institute of Cell and Tissue Replacement (Deutsches Institut für Zell--und Gewebeersatz DIZG). Potential post-mortem tissue donors (PMTD) among the deceased are selected by standardized sets of defined criteria. The procedure is guided by the intended exclusion criteria of the tissue regulation draft (German Transplant Law TPG GewV) in accordance with the European Guideline (2006/17/EC). Following the identification of the donor and subsequent removal of tissue, the retrieved samples were sent to the DIZG, a non-profit tissue bank according to the tissue regulation. Here the final processing into transplantable tissue grafts takes place, which then results in the allocation of tissue to hospitals in Germany and other European countries. The Center of Legal Medicine at the Johann Wolfgang Goethe-University Medical Center Frankfurt/Main cooperates since 2000 with Tutogen, a pharmaceutical company. Harvesting of musculoskeletal tissues follows corresponding regulations. To verify the outcome of PMTD at the I.f.R. Hamburg, two-statistic analysis over 12 and 4 months have been implemented. Our results have shown an increasing number of potential appropriate PMTD within the second inquiry interval but a relatively small and unvaryingly rate of successful post-mortem tissue retrievals similar to the first examination period. Thus, the aim of the model developed by the I.f.R. is to

Stealing the Goose: Copyright and Learning

Directory of Open Access Journals (Sweden)

Rory McGreal

2004-11-01

Full Text Available The Internet is the world's largest knowledge common and the information source of first resort. Much of this information is open and freely available. However, there are organizations and companies today that are trying to close off the Internet commons and make it proprietary. These are the “copyright controllers.” The preservation of the commons and expanding access to digital content and applications are very important for distance educators. The educational exemptions for “fair use” in the United States and “fair dealing” in the Commonwealth countries are integral to any understanding of copyright, which was instituted for the dissemination of knowledge, and not, as is commonly believed, to protect the rights of the copyright owners. Copyright law was expressly introduced to limit their rights. Yet, these controllers are successfully turning a “copy” right into a property right. The traditional rights of learning institutions are being taken away. The balance for researchers should be restored. Research and learning must be allowed the broad interpretation that was intended in the original laws.

Private Copyright and Public Communication: Free Speech Endangered

Science.gov (United States)

Patterson, Lyman Ray

1975-01-01

Contending that potential conflict between copyright and free speech inevitable if present provisions of the copyright bill providing copyright for television are enacted, the author suggests an alternative approach based on analysis of English and American background, copyright and the law of unfair competition, and policies of the copyright…

37 CFR 201.6 - Payment and refund of Copyright Office fees.

Science.gov (United States)

2010-07-01

...) Return of deposit copies. Copies of works deposited in the Copyright Office pursuant to law are either... Congress, or disposed of according to law. When an application is rejected, the Copyright Office reserves... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Payment and refund of...

Copyright, Culture, and Community in Virtual Worlds

Directory of Open Access Journals (Sweden)

Dan Burk

2016-11-01

Full Text Available Communities that interact on-line through computer games and other virtual worlds are mediated by the audiovisual content of the game interface. Much of this content is subject to copyright law, which confers on the copyright owner the legal right to prevent certain unauthorized uses of the content. Such exclusive rights impose a limiting factor on the development of communities that are situated around the interface content, as the rights, privileges, and exceptions associated with copyright generally tend to disregard the cultural significance of copyrighted content. This limiting effect of copyright is well illustrated by examination of the copying of content by virtual diaspora communities such as that formed around the game Uru: Ages of Myst; thus, the opportunity for on-line communities to legally access the graphical elements on which those communities are built is fraught with potential legal liability. This presents the reciprocal situation from efforts to protect the cultural properties of indigenous communities as traditional knowledge. Reconsideration of current copyright law would be required in order to accommodate the cohesion of on-line communities and related cultural uses of copyrighted content.

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

European Law in the Making:

DEFF Research Database (Denmark)

Rasmussen, Morten

Traditionally, the Court of Justice of the European Coal and Steel Community (ECSC) has mainly been considered the somewhat dull predecessor to the more famous Court of Justice of the European Communities, which in 1963-64 ‘constitutionalised’ the Treaties of Rome with the seminal judgments of Van...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...

Demystifying the role of copyright as a tool for economic ...

African Journals Online (AJOL)

RV

... regard is one of creating a conducive environment through political (and economic) stability, and not one of actually ..... Coach 2010 ..... influenced by the civil law tradition, have incorporated bad civil law elements into English copyright law ...

Bits and Pieces--Copyright Law and Australian Libraries in 1997.

Science.gov (United States)

Herd, Annabelle

1997-01-01

Discusses issues in Australian libraries related to copyright in the digital environment. Examines what constitutes a digital copy; exceptions/limitations; the extent of liability of those who communicate/transmit digital copyright-protected works; how uses of material can be monitored/controlled; and the process of copyright reform in Australia…

National identity and law in the context of European integration

DEFF Research Database (Denmark)

Kjær, Anne Lise; Palsbro, Lene

2008-01-01

Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings by the pr......Nationalistic discourse is often associated with the flag waving of popular culture, political views of extremist right-wing parties or the routine rhetoric of ‘us’ versus ‘them’, pervading social life in general. However, nationalistic discourse is to be found even in academic writings...... by the professional elite of lawyers, who readily resort to ideological topoi of national identity and culture to support legal argument. Reporting from a comprehensive study on Danish academic and public debate on European human rights law, this article explores how the legal community of Denmark reacts emotionally...

Some Optimism About Fair Use and Copyright Law

OpenAIRE

Madison, Michael

2017-01-01

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

One Stop Group Law Shop?

DEFF Research Database (Denmark)

Werlauff, Erik

2012-01-01

The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force in...

Complete Copyright for K-12 Librarians and Educators

Science.gov (United States)

Russell, Carrie

2012-01-01

School librarians and educators have specific copyright questions that are often glossed over in larger books on the subject. Now, thanks to best-selling copyright authority Carrie Russell, there's a resource just for them, offering clear guidance for providing materials to students while carefully observing copyright law. Using whimsical…

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

Contract formation and mistake in European contract law : a genetic comparison of transnational model rules / Nils Jansen, Reinhard Zimmermann

Index Scriptorium Estoniae

Jansen, Nils

2011-01-01

Euroopa lepinguõiguse normide analüüs ja võrdlus. PECL - The Principles of European Cntract Law ; CISG - United Nations Convention on Contracts for the International Sale of Goods ; DCFR - Draft Common Frame of Reference ; UNIDROIT - Principles of International Commercial Contracts

Economics of copyright: Challenges and perspectives | Stojkov ...

African Journals Online (AJOL)

This article outlines the prominence of economic analysis of copyright, not only within the academic community, but also in the legal practice. The successful cooperation of law and economics in the field of copyright calls for advanced microeconomic analytical skills and a high level of legal understanding of intellectual ...

Copyright Notice, Deposit and Registration Under S. 22

Science.gov (United States)

Gottlieb, George; Cooper, Barry A.

1976-01-01

Chapter 4 of S. 22 requires that works bear a copyright notice, but greatly reduces the penalties for an incorrect or nonexisting notice. It also establishes an optional system of copyright registration. The 12 sections of Chapter 4 are discussed in depth and compared to the existing copyright law. (LBH)

REFLECTIONS ON THE EVOLUTION OF MINOR'S RIGHTS IN CONFLICT WITH THE LAW IN THE EUROPEAN UNION: FROM THE NATIONAL REGULATIONS TO THE COMMUNITY REGULATIONS

Directory of Open Access Journals (Sweden)

Gheorghe, BONCIU

2015-06-01

Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.

"Originality" and "Reproduction" in Copyright Law with Special ...

African Journals Online (AJOL)

Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree ...

Europol’s Cybercrime Centre (EC3), its Agreements with Third Parties and the Growing Role of Law Enforcement on the European Security Scene

DEFF Research Database (Denmark)

Vendius, Trine Thygesen

2015-01-01

The European Cyber Crime Centre, EC3, established under the umbrella of Europol, started operations on January 1 2013. It is to act as the focal point in the fight against cybercrime in the European Union. Using a “shared, cross-community approach” the EC3 is concluding partnerships with member...... states, European agencies, international partners and the private sector. This article describes the coming about of EC3 and its efforts to address cybercrime. Furthermore, the article is an attempt to assess the growing role of the European law enforcement community on the European security scene...

Local energy supply under national and European law. With special regard to municipal policy opportunities

International Nuclear Information System (INIS)

Britz, G.

1994-01-01

Conceivably, the erection of a single European energy market for electricity and natural gas as specified in the EC draft guidelines may change the conditions of local energy supply. This thesis therefore investigates which instruments are at the disposal of municipal governments for the realization of energy-political concepts of their own: Rights of way and granting of franchises, establishment of and transfer of tasks to municipal utilities, common carvier duties, and free choice of suppliers by distributors. The handling of franchise payments and treatment of municipal interconnected networks are of considerable importance for the financial situation of communities. The first section deals with the legal issues of local energy supply with regard to national law. The second part deals with the same questions with regard to community law. Furthermore it is considered what would be the consequences of the realization of the two guidelines concerning the single energy market. In the final section the results are compared and the significance of community law for local energy supply is assessed. (orig./HP) [de

Information technology law and health systems in the European Union.

Science.gov (United States)

Mossialos, Elias; Thomson, Sarah; Ter Linden, Annemarie

2004-01-01

This study aims to examine the impact of European Union (EU) law relating to information technology (IT) on health systems. The study identifies EU directives relating to IT, analyzes them in terms of their impact on the use of IT in health systems, and outlines their implications for health technology assessment (HTA). Analysis is based on a review of literature identified through relevant databases and Internet searches. Developments in IT have serious implications for EU health systems, presenting policy makers with new challenges. The European Commission has adopted a range of legal measures to protect consumers in the "information society" However, as few of them are health-specific, it is not evident that they have implications for health, health systems, or HTA, and they may not be effective in protecting consumers in the health sector. In light of the growing importance of IT in the health sector, legal and nonlegal measures need to be further developed at EU and international level. Where possible, future initiatives should pay attention to the particular characteristics of health goods and services and health systems. Although definitions of HTA usually recognize the importance of evaluating both the indirect, unintended consequences of health technologies and the legal aspects of their application, it seems that, in practice, HTA often overlooks or underestimates legislative matters. Those involved in HTA should be aware of the legal implications of using IT to provide health goods and services and compile, store, transfer, and disseminate health information electronically.

Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law

NARCIS (Netherlands)

Nicolosi, S.

2016-01-01

The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of

Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

Science.gov (United States)

Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

2015-06-01

High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

OpenAIRE

Gordeeva, Yelena M.

2016-01-01

An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

European Identity and European Citizenship: the Case of Missing Polis?

Czech Academy of Sciences Publication Activity Database

Šejvl, Michal

2008-01-01

Roč. 2, č. 2 (2008), s. 49-56 ISSN 1789-1035 Institutional research plan: CEZ:AV0Z70680506 Keywords : the European integration * law of citizenship * European identity Subject RIV: AG - Legal Sciences

Copyright Preemption of Contracts

OpenAIRE

Bohannan, Christina

2008-01-01

This Article argues that both courts and scholars are wrong in their categorical approaches to preemption of contracts under the Copyright Act, and proposes an intermediate approach that recognizes the importance of both contract rights and federal policy in preemption analysis. First, it argues that both courts and scholars have misapplied preemption law to breach of contract claims. Although the two sides tend to favor opposite results, they take equally categorical approaches. Categori...

The European Union and National Criminal Law

DEFF Research Database (Denmark)

Greve, Vagn

1995-01-01

Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law......Beware of Punishment. Annika Snare (ed.) Beware of Punishment. On the Utility and Futility of Criminal Law...

Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

 The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Jasmina Alihodžić

2014-01-01

Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement.

THE GENERAL RULE ON CHOICE OF LAW FOR NON-CONTRACTUAL OBLIGATIONS IN LEGISLATION OF EUROPEAN UNION AND BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Jasmina Alihodžić

2014-01-01

Full Text Available The project of unification of private international law on the level of European Union encompassed bringing of unique choice of law rules, among others, in the area of non-contractual obligations with international element. A communitarian legislator chose a set of flexible choice of law rules that enable satisfaction of the principle of legal certainty together with the establishment of a balance between persons claiming to be liable and sustaining damage. PIL Act that is being enforced in Bosnia and Herzegovina in relation to the subject of this paper alternatively determines the law applicable to non-contractual obligations, according to the law of the place where the harmful act was done or the law of where the consequence occurred, depending on which of these two laws is more favorable to the person sustaining damage. The author of this paper points out the evident discrepancy in the general rules of determination in EU legislation and Bosnia and Herzegovina, and the need to harmonize legislation in this field with the acquis communautaire, arising from the Stabilization and Association Agreement

European contract law and the capabilities approach: on distributive responsibility for contract law

NARCIS (Netherlands)

Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.

2012-01-01

This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.

Transparency of standard terms under the Unfair Contract Terms Directive and the Proposal for a Common European Sales Law

NARCIS (Netherlands)

Loos, M.B.M.

2015-01-01

This paper discusses whether and to what extent the transparency principle is applicable to standard contract terms legislation under European Union law and what the consequences are when the principle, in so far as it is recognized, is breached. To that extent, it focuses first on the Unfair

Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

Science.gov (United States)

Waxman, Michael P.

2001-01-01

Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

German and European energy act. Collection of texts with accessory laws. 2. ed.

International Nuclear Information System (INIS)

Schwintowski, H.P.; Dannischewski, J.; Warg, F.

2006-01-01

The author of the book under consideration reports on the energy economy act, energy environment act, nuclear energy act as well as emission commercial law. The basis is the energy environment act from 7th July, 2005, enriched with access regulations and payment regulation in the area of electric current and gas. Furthermore, the reader of the book finds guiding principles according to price determination on the basis of direct costs. The reader also finds the main European guidelines both for electrical current and gas. The book under consideration also contains juristic texts. This book only contains the most important facts, and is written for practicians

Lessons in Copyright Activism: K-12 Education and the DMCA 1201 Exemption Rulemaking Process

Science.gov (United States)

Hobbs, Renee

2016-01-01

Digital learning is being transformed by changes in copyright law. This article discusses the author's personal journey as a copyright education activist through two rounds of rulemaking proceedings before the Copyright Office concerning the anti-circumvention provisions of one part of the copyright law, the Digital Millennium Copyright Act…

A toolbox for European judges

NARCIS (Netherlands)

Hesselink, M.W.

2011-01-01

The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

Telemedicine and European law.

Science.gov (United States)

Callens, Stefaan

2003-01-01

A Directive of the European Union was first published in 2000, which dealt with telemedicine as part of its provisions. This E-Commerce Directive, as it became known, was subjected to further study which revealed some problems relative to the practice of telemedicine. Among the subjects discussed in this paper are those of privacy, data protection, free movement of services, the impact of electronic communication and ethical issues.

75 FR 26278 - The Register of Copyrights’ and the Copyright Royalty Judges’ authority to determine the...

Science.gov (United States)

2010-05-11

... law were referred to the Register of Copyrights concerning the authority of the Register of Copyrights... questions of substantive law for her consideration: Does the Register of Copyrights have the authority under... law. That motion was denied by the Copyright Royalty Judges on March 30, 2010. Order Denying Motion...

Negotiating the hard/soft law divide in business and human rights : The implementation of the UNGPs in the European Union

NARCIS (Netherlands)

Augenstein, Daniel

2018-01-01

The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations.

The impact of the ECHR on private international law: An analysis of Strasbourg and selected national case law

NARCIS (Netherlands)

Kiestra, L.R.

2013-01-01

In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the

EUROPEAN AND AMERICAN PERSPECTIVES ON THE CHOICE OF LAW REGARDING CROSS-BORDER INSOLVENCIES OF MULTINATIONAL CORPORATIONS – SUGGESTIONS FOR SOUTH AFRICA

Directory of Open Access Journals (Sweden)

Jeanette Weideman

2012-12-01

Full Text Available An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI. The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU adopted the European Council Regulation on Insolvency Proceedings (EC Regulation in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.

Procedural abortion rights: Ireland and the European Court of Human Rights.

Science.gov (United States)

Erdman, Joanna N

2014-11-01

The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law,...

The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

Directory of Open Access Journals (Sweden)

Miguel Ángel Cepillo Galvín

2009-12-01

Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

Law before Gratian: Law in Western Europe c. 500-1100

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Copyright Issues for the Creators and Users of Information in the Electronic Environment.

Science.gov (United States)

Oakley, Robert L.

1991-01-01

Discusses issues that deal with the interface of copyright law and online systems. Areas of change needed to maintain the balance between users and creators of electronic information are identified, limits of the Copyright Act are explored, and it is suggested that existing copyright law can be applied to electronic information. (four references)…

The reversal of the burden of proof in the Principles of European Tort Law
A comparison with Dutch tort law and civil procedure rules

Directory of Open Access Journals (Sweden)

Ivo Giesen

2010-01-01

Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.

The review of constitutional norms concerning local public administration in the view of the European Commission for Democracy through Law (Venice Commission)

OpenAIRE

Apostolache, Mihai

2015-01-01

The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...

1992 yearbook of environmental and technology-related law

International Nuclear Information System (INIS)

Schroeder, M.

1992-01-01

The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

Uniunea Europeană - Realitate juridică

Directory of Open Access Journals (Sweden)

Daniel BUDA

2002-02-01

Full Text Available European Union as a juridic reality can be approach in three different meanings: is created by law, is a source of law and represents a juridical order. The last caractheristic arise by the first two. The European law leads to very serious problems, so a very important matter is to know what happens if a comunitary norm which produce rights in a direct way come in conflict with a norm of national law? This conflict can be solved only by according priority to one of these.....

GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

Directory of Open Access Journals (Sweden)

NOREL NEAGU

2012-05-01

Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

Copyright and the Professoriate: A Primer and Some Recent Developments.

Science.gov (United States)

Gorman, Robert A.

1987-01-01

Copyright branch of American law is summarized and two copyright issues of interest to academics are discussed. Ownership of copyright in works produced in the university and what "fair uses" of copyrighted works may be made by teacher-scholars are discussed. The Salinger v. Random House, Inc. case is described. (MLW)

The Graphic Arts and the New Copyright Act.

Science.gov (United States)

Overbeck, Wayne

This paper briefly summarizes the Copyright Act recently passed by the United States Congress as it relates to graphic arts and points out that the law ignores the major problem facing that field: the lack of copyright protection for typography and typeface designs. It then explains the reasoning used for denying protection to typography and…

Soft law as a new mode of governance

OpenAIRE

Peters, Anne

2011-01-01

The paper analyses soft law as a mode of EU governance. European soft law can be qualified as a relatively ‘new’ mode, notably due to its dramatic proliferation and the increasing involvement of private actors. The concept of ‘soft law’ is viable on the premiss that normativity may be graduated (‘the continuum view’). Soft law deploys specific legal effects apart from outright legal bindingness, and not merely political or otherwise factual effects. The legal effects of European soft law flow...

Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

Directory of Open Access Journals (Sweden)

Constanze Semmelmann

2012-06-01

Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

Law before Gratian

DEFF Research Database (Denmark)

This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

Modification, translation and adaptation of questionnaires: should copyright laws be observed?

Science.gov (United States)

Juniper, Elizabeth F

2009-06-01

This commentary is intended to start a discussion about whether people should be allowed to modify, translate, adapt or sell copyrighted questionnaires without the permission of the developer (copyright-holder).

Recent Case Law - Arrêts récents - Aktuelle Gerichtsentscheidungen

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2005-01-01

In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section....

[Clause of conscience implemented in competition law medical in Poland in the context of the implementation of the European Convention on Human Rights].

Science.gov (United States)

Radlińska, Iwona; Kolwitz, Marcin

Freedom of conscience and religion, also called conscience clause legislation is part of the inherent and inalienable rights of every human being and freedoms protected by the constitution as a fundamental principle of democratic countries working in the law. At international level, the most common piece of legislation on this issue is the European Convention on Human Rights of 4 November 1950, which Poland is a party. Pursuant to Art. 9 of the European Convention Poland is committed to the protection of freedom of thought, conscience and religion to every person under its jurisdiction, including the medical professions. In a special way to be protected by the freedom of conscience of physicians, dentists, nurses and midwives, as the conscience clause is written in the law governing the exercise of such professions in Poland.

The Scope of State Aid and Public Service Obligation for Airports and Air Carriers in the Light of European Law

Directory of Open Access Journals (Sweden)

Grzegorz Zajac

2015-10-01

Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.

Streaming Video Games: Copyright Infringement or Protected Speech?

Directory of Open Access Journals (Sweden)

Eirik Evert Elias Jungar

2016-12-01

Full Text Available Streaming video games, that is, live broadcasting playing video games on the internet, is incredibly popular. Millions tune into twitch.tv daily to watch eSport tournaments, their favourite streamer, and chat with other viewers. But all is not rosy in the world of streaming games. Recently, some game developers have aggressively exercised their copyright to, firstly, claim part of the streamers’ revenue, and secondly, control the context in which their game is shown. The article analyzes whether game developers have, and should have, such rights under EU copyright law. Reaching the conclusion that video game streams infringe the game developer’s right to communicate their works to the public, I argue that freedom of expression can and should be used to rein in their rights in certain cases. Subjecting the lawfulness of streams to game developers’ good will risks stifling the expressions of streamers. The streamers, their audience, and even the copyright holders, would be worse off for it.

SELECTED PROBLEMS OF LAKES MANAGEMENT IN POLISH WATER LAW RELATED TO THE DIFFERENCES BETWEEN POLISH AND EUROPEAN UNION LEGISLATION

Directory of Open Access Journals (Sweden)

MARSZELEWSKI M

2015-03-01

Full Text Available Proper management of water resources has got significant social and economic dimension. For this reason, it is an essential element of almost every national law, European Union law, and also international law in a broad sense. Legislative authority, during legislature process, should allway s balance private and public interests to adopt compromised solutions. Furthermore these solutions must be determined mostly by hydrology to be appropriate to the nature of waters and environment. Because of mentioned issues, it is very undesirable state of affairs when law simply does not fit to the object of its regulation. In Water Law Act of 2001 Polish legislator classifies lakes, depending upon the type of watercourse (natural or man-made flowing into or out of the lake, among either flowing water or stagnant one. This regulation is against hydrological classification of lakes. Moreover this legal act introduces different treatment of dammed lakes in the context of public access to the lakeshores. Indicated problems have got significant impact on many aspects such as ownership of lakes, obligations of the owners of the lakes, lakes and environmental protection and, mentioned above, right to public acces to the lakes.

Development, concept and scope of copyright protection in Nigeria ...

African Journals Online (AJOL)

Development, concept and scope of copyright protection in Nigeria: an overview. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This forms the aim of this paper which focuses essentially on basic issues relating to the development, concept and the scope of protection afforded copyright in ...

The Influence of European Law Concerning Gender Discrimination in Romanian Labor Market: Some Aspects of Women’s Migration in the EU

Directory of Open Access Journals (Sweden)

Gabriela GOUDENHOOFT

2011-05-01

Full Text Available Discrimination in employment is one of the problems that have not lost its actuality and discrimination of women, as a species of this principle is a problem that has interesting aspects in Romania. This paper proposes a series of conceptual approach, an attempt to define discrimination against women in employment, a content analysis, including issues of harassment and discrimination. An important part involves the attempt to highlight the sources of discrimination, as well as underlining the paradox that this category of people is not a minority. We want to underline the equality principle reflected by international law, European law, and Romanian legislation and several problems related to gender specificity on the labor market. We have analyzed the international legal framework, the European one (with the multitude of EU directives and the Romanian legislation on this area and I drew a number of conclusions on a few misconceptions of Romanian collective mind, regarded as sources of discrimination.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

Security of energy supply under the laws of the European Union / European Community; Energieversorgungssicherheit im Recht der Europaeischen Union, Europaeischen Gemeinschaft

Energy Technology Data Exchange (ETDEWEB)

Proefrock, M.C.

2007-07-01

Security of supply is defined as the availability and reliability of energy supply at acceptable prices. By security of energy supply we mean a globally large supply of reliable, affordable, clean energy. By virtue of its nature security of supply in the energy sector primarily requires making provisions for the future through exploration, innovation, research, diversification and investments in technology. Energy politics takes place in a tension field defined by the goals of economic efficiency, sustainability and security of supply. In the past there have been repeated shifts within this triad of goals. The task for a rational energy policy is to reconciliate these goals in a meaningful way. European energy policy is understood to comprise all sovereign measures taken by the European Union in the energy sector, in particular measures that impact on the supply and demand for energy resources. Energy law serves, or should serve, to bring energy policy to realisation and therefore presupposes the existence of the latter. Energy policy means the figuration of an economy's energy sector in such a manner that the present and future demand of the economic region is covered.

Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

Energy Technology Data Exchange (ETDEWEB)

Becker, Bernd

2009-07-01

The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

Contract theory and EU Contract Law

NARCIS (Netherlands)

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories

The European Model Company Act

DEFF Research Database (Denmark)

Cleff, Evelyne Beatrix

2011-01-01

European Company Law regulation is currently undergoing a reform. These reforms raise a number of regulatory questions, such as what should be the aims of companies' legislation, and how these aims should best be met by regulation. Many of the reforms and discussions (both on EU and national level...... an increasing influence on the framing of company legislation, such as the choice between mandatory or default rules. This article introduces the project 'European Company Law and the choice of Regulatory Method' which is carried out in collaboration with the 'European Model Company Act Group'. The project aims...

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

The Risk Based Approach in the New European Anti-Money Laundering Legislation: a Law and Economics View

OpenAIRE

D. Masciandaro; L. Dalla Pellegrina

2013-01-01

In 2005 the European Commission adopted the Third Directive on Anti-Money Laundering (AML), which was to be implemented into national laws at the latest by December 2007. The key feature that characterizes the Third Directive is the idea that the regulatory framework should be risk-based (RBA). The aim of this regulation is to elicit a high level of outcome in terms of AML effectiveness from self-interested financial institutions (FIs) who hold private information. In this paper we study how ...

EU Food Law Handbook

NARCIS (Netherlands)

Meulen, van der B.M.J.

2014-01-01

The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

Factors Influencing the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

Directory of Open Access Journals (Sweden)

Victor ALISTAR

2015-08-01

Full Text Available The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself.

The French electricity policy facing European integration and environmental law

International Nuclear Information System (INIS)

Begue, M.C.

2004-02-01

The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

International and European regulations in the energy law: selected issues

International Nuclear Information System (INIS)

Schwarz, F.

2010-01-01

This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de

The 'long and winding road' of Serbian Law (back to Europe

Directory of Open Access Journals (Sweden)

Pürner Stefan

2014-01-01

Full Text Available In this article, the author analyses the development of law of the SFRJ and the contemporary Serbian Law since the 1980s up to date in selected areas of law, and examines how 'European' it has been throughout this period. In this context, the term 'European' is not to be understood in terms of harmonization with the acquis but rather as a pre-stage in this course which implies a general orientation towards continental European principles and openness towards other European states (in particular, concerning the legal provisions on foreign investment. The analysis has yielded the following conclusions: Under a 'socialist layer' (including, for example, the Constitution of SFRY, the Law on Associated Labour and some provisions of the Criminal Law such as Article 133, the law of the SFRJ in the 1980s was much more European than it is actually known in Western Europe. The examples may be found in the substantive provisions of the 1978 Law on Obligations and in the field of procedural law, particularly in the Law on Civil Procedure was tailored upon the model of the Austrian Civil Procedure Code (called the 'Klein'sche ZPO'. Moreover, in the field of constitutional and administrative judiciary, the SFRY was not only ahead of the other socialist countries but also ahead of a lot of other Western European countries. The opening towards other European states was also reflected in the legislation on foreign investment. In this context, it is worth noting that the SFRJ was the first socialist state which enacted such legislation as early as in 1967. By enacting the Law on the Social Capital and the Law on Enterprises, the SFRY began the transformation of its legal system in 1988, well before the fall of the Berlin wall and considerable earlier than the traditional socialist states. For these reasons, it is justified to say that the law of the SFRY and Serbia during the socialist time was (underneath the layer of socialist law already more European than a

Recent Case Law/Arrêts récents/Aktuelle Gerichtsentscheidungen

DEFF Research Database (Denmark)

Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

2004-01-01

the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL?s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January-April is published in the fourth issue, the period......In this section authors from various European countries report the recent case law in their jurisdiction in the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The ERPL started this section in 2003....... The section aims to give readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports are integrated in one general report that arranges...

Teaching an Invisible Subject: How are we Educating Faculty about Copyright?

Directory of Open Access Journals (Sweden)

Jennifer Zerkee

2018-02-01

Full Text Available Copyright can be an invisible issue for instructors because infringement or improper use of copyright-protected material will not impede teaching. Copyright law is nuanced and open to interpretation; it is not always clear whether a particular action is compliant or not. This poster will share the results of the presenter’s Canada-wide survey of university copyright administrators, exploring institutions’ provision of copyright education to instructors. The presenter found more questions rather than answers as a result of the survey. Most respondents do no assessment of their copyright instruction, and instead are comfortable relying on experience, questions from faculty, and anecdotal evidence to form an impression of instructors’ familiarity with copyright rules. Is informal appraisal adequate for ensuring that libraries and copyright offices are fulfilling their responsibility to encourage and enable the confident and lawful use of copyright-protected material? What other evidence could be gathered to inform copyright administrators’ efforts? This poster will encourage participants to think about copyright education at their institutions, will share the results of the survey, including approaches being taken by universities across Canada, and will share Simon Fraser University's approaches to instructor education

Towards an Administrative Procedure of the European Union: Issues and Prospects

Directory of Open Access Journals (Sweden)

Mihaela V. Cărăuşan

2016-12-01

Full Text Available This article aims at identifying European administrative law principles by mapping the proposal of the European Parliament and assessing the existing principles in the European Union’s rules and jurisprudence. The first section analyses the difficulties to pass from the well-known sectoral procedures to a common procedural framework. It shows, on the one hand, how fragmented is the administrative EU law, and on the other hand, that European Commission tends to support it by derailing the Parliament’s proposal. The second section, is mapping the administrative law principles through an inventory of the Treaties, the Charter, the soft law and the jurisprudence. The last section proposes an assessment of the draft Regulation on the administrative procedure of European Union. The main outcome is that, without the Commission’s involvement the process of making a common administrative procedure for European Union cannot take place.

Assessment of the smoke-free outdoor regulation in the WHO European Region.

Science.gov (United States)

Martínez, Cristina; Guydish, Joseph; Robinson, Gillian; Martínez-Sánchez, Jose María; Fernández, Esteve

2014-07-01

The aim of this study is to assess the level of protection of secondhand smoke in outdoor locations among countries belonging to the WHO European Region. This cross-sectional study measures the level of protection provided by laws in outdoor locations. A protocol to evaluate the outdoor smoke-free legislation was developed according to the recommendations provided by the WHO Guidelines for implementing smoke-free outdoor places. For each law 6 main sectors and 28 outdoor locations were evaluated. 68 laws from 48 countries were reviewed, totally assessing 1758 locations. Overall 3.1% of the locations specified 100% smoke-free outdoor regulation without exceptions, 2.5% permitted smoking in designated outdoor areas, 37.5% allowed smoking everywhere, and 56.9% did not provide information about how to deal with smoking in outdoor places. In the Education sector 17.8% of the laws specified smoke-free outdoor regulation, mainly in the primary and secondary schools. Three pioneering laws from recreational locations and two from general health facilities specified 100% outdoor smoke-free regulation. Outdoor smoke-free policies among countries belonging to the WHO European Region are limited and mainly have been passed in the primary and secondary schools, which protect minors from the hazards of secondhand smoke in educational settings. Copyright © 2014 Elsevier Inc. All rights reserved.

European Corporate Law, 2nd edition

DEFF Research Database (Denmark)

Werlauff, Erik; Dorresteijn, Adriaan; Monteiro, Tiago Pereira

As in the First Edition (1995) of this well-known book, the authors demonstrate that analysis and comparison of national corporate laws on a number of issues yield highly valuable general principles and observations, not least because business organisations, wherever located, tend to show...

Contract theory and EU Contract Law

OpenAIRE

Hesselink, M.W.; Twigg-Flesner, C.

2016-01-01

This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

Copyright case a victory for science publishing

Science.gov (United States)

Cole, Stephen

An important victory for the financial health and future of scientific journals was won July 23 when Judge Pierre Leval of the Federal District Court in New York handed down his decision on the copyright infringement suit, American Geophysical Union, et al. v. Texaco Inc. Leval ruled that profit-making companies cannot photocopy copyrighted journal articles without permission and without compensating the copyright holder.The class action suit was brought in 1985 by AGU and six other scientific publishers on behalf of 8500 publishers worldwide who make their titles available for legal copying under licenses granted by the Copyright Clearance Center, Inc. This licensing system was designed in cooperation with major corporations to facilitate compliance with the 1976 Copyright Act. Although more than 200 companies now use the center, some corporations, such as Texaco, have not. The suit was initiated to force compliance with copyright law. The current decision is very important because it establishes legal precedents on the “fair use” issue.

89 A COMPARATIVE ANALYSIS OF COPYRIGHT ENFORCEMENT ...

African Journals Online (AJOL)

Fr. Ikenga

developing countries did not have intellectual property ('IP') laws prior to the ... musical and literary works play an important role in the economy of these .... Ekereuwem [2012] 4 NWLR (pt 1290) 207; F.C.D.A v. .... 37 K M Garnett, J E Rayner& G Davies, Copinger and Skone James on Copyright (14th ed., London, Sweet and.

European Competition Law in the electricity sector

International Nuclear Information System (INIS)

Hiller, P.

2001-09-01

The first part gives an overview on the implementation of the Electricity Directive 96/92 in the member states of the European Union and on the still missing preconditions for a single market in the electricity sector. The second part deals with the main elements of the European merger control (market definition, market domination), the decisions in the electricity sector and analyses the impact of the Electricity Directive 96/92 EG on future merger decisions in this sector. The third part examines the role of the articles 81 and 82 EGV to secure competition in the electricity market. (author)

Religious Values and Conflict of Laws

Directory of Open Access Journals (Sweden)

Sara Tonolo

2016-02-01

Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

Copyright Law and Technology

Science.gov (United States)

Langran, Elizabeth; Langran, Robert; Bull, Glen

2005-01-01

Consumers are inundated with sound and images. A child today may see more images in a week than an individual in the 19th century viewed in a lifetime. These images were presented in a read-only format throughout the 20th century. A child watching television was a passive observer. The inclusion of authoring programs such as iMovie and Movie Maker…

The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

DEFF Research Database (Denmark)

Cebulak, Pola

2016-01-01

The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

The European Company : From a Swedish private company perspective

OpenAIRE

Öster, Alexandra; Alm, Cecilia

2006-01-01

The development within the European Union is that we are heading towards a common internal market. The law has during the year become more harmo-nized within the Union in many areas. The company law within the European Union has become harmonized through several company law directives and the freedom of establishment, which is included in the EC Treaty. The aim of an internal market is about to be achieved, but there are still differences between the systems of law within the Member States. T...

Off with their heads! Copyright infringement in the Canadian online higher educational environment

Directory of Open Access Journals (Sweden)

Kelly Edmonds

2006-06-01

Full Text Available Issues of copyright infringement are contentious for academia in the online environment. The educational community on campus must carefully consider how digital materials are used, created and disseminated online given that present laws that regulate these actions are not well developed. It can seem like anyone’s guess on how to proceed in order to avoid copyright infringement. This paper offers current descriptions of intellectual property, copyright laws, infringements, and plagiarism in a Canadian context with a view on creating, using and disseminating digital works. The impact of copyright infringement on students and faculty in higher education is explored and some suggestions are made for protective practice.

Making the Transition as the New Copyright Librarian

Directory of Open Access Journals (Sweden)

Emilie Regina Algenio

2018-02-01

Full Text Available The corpus of academic librarianship literature notes very little material in relation to the work of new copyright librarians. However, the number of academic libraries hiring librarians to fill these positions is increasing, and the need for such literature is real and pertinent. The purpose of this research is to assist incoming copyright librarians with practical, evidence-based guidance for colleagues just starting out in roles focused on copyright issues. The author drew from professional experience as a first-time copyright librarian at a Carnegie One academic institution in the United States. The author highlights the value of constructing a copyright educational foundation for the university community, cultivating a community of practice, establishing best practices around copyright questions and the utility of effective, vetted copyright resources. Understanding the finer details of a copyright librarian’s job are important, as academic libraries are hiring candidates for other scholarly communication positions, and the applicants are expected to know American copyright law.

Balancing economic freedom against social policy principles: EC competition law and national health systems.

Science.gov (United States)

Mossialos, Elias; Lear, Julia

2012-07-01

EU Health policy exemplifies the philosophical tension between EC economic freedoms and social policy. EC competition law, like other internal market rules, could restrict national health policy options despite the subsidiarity principle. In particular, European health system reforms that incorporate elements of market competition may trigger the application of competition rules if non-economic gains in consumer welfare are not adequately accounted for. This article defines the policy and legal parameters of the debate between competition law and health policy. Using a sample of cases it analyses how the ECJ, national courts, and National Competition Authorities have applied competition laws to the health services sector in different circumstances and in different ways. It concludes by considering the implications of the convergence of recent trends in competition law enforcement and health system market reforms. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

The 1997 Protocol and the European Union (European Union and '2nd generation' responsibility conventions)

International Nuclear Information System (INIS)

Handrlica, Jakub; Novotna, Marianna

2014-01-01

The issue of accession of the Eastern European Member States to the 1997 Protocol is discussed with focus on the European Union's authority and enforcement powers. Following up the article published in the preceding issue of this journal, the present contribution analyses the relations of the '2nd generation' responsibility conventions to the law of the European Union. (orig.)

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

Intellectual Property and Copyright Issues in Online Learning Environments.

Science.gov (United States)

Szanto, Edit

2001-01-01

Provides an overview of intellectual property and copyright issues as they relate to online learning environments. Includes a historical perspective; laws and regulations; liability; Web-related issues; higher education; distance learning; compliance strategies; and policy recommendations. (Author/LRW)

Economic independence, labour law and social security

NARCIS (Netherlands)

Holtmaat, H.M.T.; Kravaritou, Y.

2015-01-01

This work is based on papers presented at a conference entitled "The Sex of Labour Law in Europe/Le Sexe du droit du travail en Europe", which was held at the European University Institute in Florence. The contributors argue that law in general, and especially social and labour law, is not asexual,

Private law principles, pluralism and perfectionism

NARCIS (Netherlands)

Hesselink, M.W.; Bernitz, U.; Groussot, X.; Schulyok, F.

2013-01-01

This paper discusses the legitimacy of general principles of private law as they have been formulated recently by the Court of Justice of the European Union and proposed by the European Commission. It addresses challenges from different strands in political theory including liberal perfectionism,

Choosing between CISG and CESL: a comparison between the Common European Sales Law and the Vienna Sales Convention from the perspective of commercial parties

NARCIS (Netherlands)

Loos, M.B.M.; Jurčová, M.; Štefanko, J.

2013-01-01

If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between this instrument and the Vienna Sales Convention (CISG) to regulate their cross-border commercial sales contracts. In this paper, a comparison is made between the two international legal

Reconfiguring trade mark law

DEFF Research Database (Denmark)

Elsmore, Matthew James

2013-01-01

-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

Conference Session II: Creation or Evolution: Can Copyright Bring the Peace? Presented by Kenneth D. Crews, attorney, Gipson Hoffman & Pancione

Directory of Open Access Journals (Sweden)

Marley C. Nelson

2018-02-01

Full Text Available Dr. Kenneth Crews gives an overview of the history of copyright law, using creation and evolution as touchstones for the quick leaps and long crawls made in this discipline.  Using multiple examples, the often-contentious history of copyright law is presented in an approachable and understandable manner.  Tensions between many of the forces that have shaped, and still are shaping, copyright law are discussed, including the tension between creators and consumers of copyrightable materials.  In the end, both forces are shown to be not only important to, but necessary for, the development of U.S. copyright law.  The program closed with a call to action for attendees to speak out on copyright law and to become part of the forces that continue to create change in this discipline.

Copyright as Innovation Policy: Google Book Search from a Law and Economics Perspective

OpenAIRE

Douglas Lichtman

2009-01-01

The copyright system has long been understood to play a critical role when it comes to the development and distribution of creative work. Copyright serves a second fundamental purpose, however: it encourages the development and distribution of related technologies such as hardware that might be used to duplicate creative work and software that can manipulate it. When it comes to issues of online infringement, then, copyright policy serves two goals, not one: protect the incentives copyright h...

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

"Originality" and "Reproduction" in Copyright Law with Special Reference to Photographs

Directory of Open Access Journals (Sweden)

Louis Harms

2013-12-01

Full Text Available Turning to lessons from foreign jurisdictions, this note explores from a copyright perspective the fact that photographs are produced mechanically and more often than not without any effort or mental input. A minute number are taken for anything but personal use and in the digital age photographs tend to have a high degree of mobility and are also ephemeral and without any commercial value. It is accordingly difficult to justify in general terms copyright protection for photographs. Two of the main legal issues in this context are the criteria for originality and the meaning of the reproduction of a photograph. These two issues form the central point of discussion in this contribution.

A Political Decision Disguised as Legal Argument? Opinion 2/13 and European Union Accession to the European Convention on Human Rights

Directory of Open Access Journals (Sweden)

Graham Butler

2015-08-01

Full Text Available David Thór Björgvinsson was a judge of the European Court of Human Rights between 2004 and 2013. During this period, he was involved in many important judgments, including 'Scoppola v Italy (No. 3',[1] 'Eweida and others v United Kingdom',[2] and 'Al-Jedda v the United Kingdom',[3] amongst others, and went on to serve as Vice-President of the Fourth Section. He has degrees from the University of Iceland, Duke University School of Law, and the University of Strasbourg, and is currently a Professor of Law at the Centre of Excellence for International Courts (iCourts at the Faculty of Law, University of Copenhagen, Denmark. In this interview, carried out in June 2015 for the Utrecht Journal of International and European Law, David Thór Björgvinsson outlined his views to Graham Butler on Opinion 2/13 from the Court of Justice of the European Union on the Union’s accession to the European Convention on Human Rights,[4] the workings of the European Court of Human Rights, and what the future may have in store for this Court. [1] 'Scoppola v Italy (No. 3' (2013 56 EHRR 19. [2] 'Eweida and others v United Kingdom' (2013 57 EHRR 8. [3] 'Al-Jedda v the United Kingdom' (2011 53 EHRR 23. [4] Opinion 2/13 (2014 Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, (not yet reported.

A Political Decision Disguised as Legal Argument? Opinion 2/13 and European Union Accession to the European Convention on Human Rights

Directory of Open Access Journals (Sweden)

Graham Butler

2015-08-01

Full Text Available David Thór Björgvinsson was a judge of the European Court of Human Rights between 2004 and 2013. During this period, he was involved in many important judgments, including 'Scoppola v Italy (No. 3',[1] Eweida and others v United Kingdom,[2] and 'Al-Jedda v the United Kingdom';a title="" href="#_ftn3">[3] amongst others, and went on to serve as Vice-President of the Fourth Section. He has degrees from the University of Iceland, Duke University School of Law, and the University of Strasbourg, and is currently a Professor of Law at the Centre of Excellence for International Courts (iCourts at the Faculty of Law, University of Copenhagen, Denmark. In this interview, carried out in June 2015 for the Utrecht Journal of International and European Law, David Thór Björgvinsson outlined his views to Graham Butler on Opinion 2/13 from the Court of Justice of the European Union on the Union’s accession to the European Convention on Human Rights,[4] the workings of the European Court of Human Rights, and what the future may have in store for this Court.[1] Scoppola v Italy (No. 3 (2013 56 EHRR 19.[2] Eweida and others v United Kingdom (2013 57 EHRR 8.[3] Al-Jedda v the United Kingdom (2011 53 EHRR 23.[4] Opinion 2/13 (2014 Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, (not yet reported.

A Touchy Question for Trainers: Are You Guilty of Copyright Rip Off?

Science.gov (United States)

Training, 1979

1979-01-01

Presents an interview with Jack L. Copeland, President of Training Media Distributors Association on training and the copyright-piracy problem. Discusses video piracy and other unauthorized uses of materials in relation to the new copyright law. (CSS)

International School of Nuclear Law

International Nuclear Information System (INIS)

Anon.

2004-01-01

This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

The European Approach to Privacy

NARCIS (Netherlands)

van Hoboken, J.

2014-01-01

This paper critically assesses the character of European (Union’s) privacy law and policy in the field of online media and electronic communications. Contrary to current understanding, this field of law is more fragmented and ill-developed than is often assumed, in particular by those discussing

Some Aspects of International Children Abduction - Theoretical and Practical Approach from the Perspective of the European Law and Judicial Practice

Directory of Open Access Journals (Sweden)

Gabriela Lupşan

2015-05-01

Full Text Available Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or European regulations (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is supplemented by Regulation (EC no. 2201/2003 of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, (prevailing the latter and national ones (Law no. 63/2014 amending and supplementing Law no. 369/2004 on the application of the Convention on the Civil Aspects of International Child Abduction which Romania adhered to by the Law no. 100/199, the legislator sought to ensure the prompt return of children abducted in the Member State of origin, the objective being the same: discouraging underage child abduction by a parent or by third parties, usually relatives and, in case of committing an act of international abduction of minors, ensuring the best interests of the child through the cooperation of the competent authorities in the field. The structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors, regulations, procedure for solving the request, the competent authorities and practical aspects, without neglecting the interpretation given by the Court of Justice of the European Union of some texts from the Regulation.

Did Unilateral Divorce Laws Raise Divorce Rates in Western Europe?

Science.gov (United States)

Kneip, Thorsten; Bauer, Gerrit

2009-01-01

The increase in European divorce rates over the past decades was accompanied by several changes in divorce laws. Yet for European countries, research on the effects of divorce law on the divorce rate is scarce. Most of the existing studies are based on data from North America and provide numerous, but inconsistent, results. We use fixed-effects…

Integrating health law and health policy: a European perspective

NARCIS (Netherlands)

Legemaate, Johan

2002-01-01

Health law is intended to create an environment in which the promotion of health goes hand in hand with the protection of individual rights and the general principles of equality and justice. Over the years, the importance of health law has grown, both at national and international level. As health

El «Soft Law» europeo en la jurisprudencia española: doce casos

Directory of Open Access Journals (Sweden)

Antoni VAQUER ALOY

2013-07-01

Full Text Available Spanish courts often quote European Soft Law as a means for modernizing Spanish private law, in particular the law of obligations as enshrined in the ancient Spanish Civil Code. Even if the Soft Law is not the ratio decidendi of the decisions, courts find there some inspiration to adequate the old rules to the new economic and legal necessities. This essay lists a series of decisions that have resorted to European Soft Law in order to update the Spanish contract law.

Family law and national culture
Arguing against the cultural constraints argument

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Masha Antokolskaia

2008-06-01

Full Text Available The ‘cultural constraints argument’, submits that family laws are embedded in unique national cultures, that this cultural and historical diversity is unbridgeable and therefore family laws are not spontaneously converging and cannot be deliberately harmonised. This article argues against the core assumption of the cultural constraints argument – the alleged embedment of family laws in unique and unchangeable national cultures. History shows that in the field of family ideology and law one cannot really talk of unique national cultures, but rather of a pan-European culture, which is not homogeneous but an amalgamation of pan-European ‘conservative’ and pan-European ‘progressive’ cultures. The relative influence of these two opposing family ‘cultures’ varies from country to country and from time to time. Examinations of history of family law suggest that there are the differences in the balance of political power between ‘progressive’ and ‘conservative’ forces, rather than national culture that determines the differences in the pertinent national family laws.

The politics of a European civil code

NARCIS (Netherlands)

Hesselink, M.W.

2004-01-01

Last year the European Commission published its Action Plan on European contract law. That plan forms an important step towards a European Civil Code. In its Plan, the Commission tries to depoliticise the codification process by asking a group of academic experts to prepare what it calls a 'common

The TEXTBOOK - Directives, Regulations, Case Law

DEFF Research Database (Denmark)

Fomcenco, Alex; Werlauff, Erik

The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...

Energy challenges: European viewpoints and French answers

Directory of Open Access Journals (Sweden)

Marc Gjidara

2013-01-01

Full Text Available The European Union attempts to improve the European energy market so that it is better coordinated because in a unified Europe it is no longer possible to act in isolation. The production of energy form renewable sources of great proportions demands a mutually linked European energy market if the aims established in the “Energy and Climate” programme and adopted in 2009 are to be achieved. The aim of this paper is to establish how the principles of European Law influence legal norming in energy issues and in the battle against global warming. The development of energy which does not emit carbon dioxide is in accordance with the aims set by the European Union. In that area, this development relies on regions, and not just countries which are not always able to implement defined ambitious aims. Energy continues in the majority of cases to depend on the power of countries and European control is limited. The European Union participates mainly in the co-ordination and support of national policy, within provisions relating to trans-European networks and within environment protection policy. In principle, the measures relating to the choice of each country from the various sources of energy and on the general structure of providing energy have been unanimously accepted. Particular attention has been given to comparing the French legal rules which are applied in the development of renewable sources of energy and the adaptation of the law on renewable sources of energy and laws on environmental protection to urban planning and the importance of supervision with European legal standards of regulation.

Developing Countries and Copyright in the Information Age - The Functional Equivalent Implementation of the WCT

Directory of Open Access Journals (Sweden)

T Pistorius

2006-01-01

Full Text Available Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT and the enforcement of technological protection measures have led to disparate forms of copyright protection for digital and analogue media. The balance between authors’ rights and the right of the public to access copyright works has been distorted. Copyright law is playing an ever-increasing crucial role in the Information Society. Developing countries are especially disadvantaged by diminished access to works. In this article it is argued that adherence to the principle of functional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda.

EU Energy Law. Volume 1. The Internal Energy Market. 2. ed.

International Nuclear Information System (INIS)

Jones, C.; Webster, W.

2006-06-01

European energy markets are undergoing rapid and fundamental change. In 2005 the European Council and European Parliament adopted the second energy liberalisation package, including the new electricity and Natural Gas Directives and the Electricity Regulation. In addition, the European Commission tabled new Directives on Security of Supply and a draft Natural Gas Regulation. This is affecting markets not only in the European Union, but throughout Europe, the Mediterranean, the Balkans and Russia. These changes have affected not only energy law. Community competition law in the energy sector has been evolving quickly, reacting to the restructuring of the markets, and the new commercial partnerships that result. EU Energy Law is a complete and essential reference work for all those advising on and implementing in practice the enormous changes in today's electricity and gas markets. It is written for both legal specialists and for those working in industry responsible for overseeing the move towards open and competitive markets

Medical aspects of radiation protection law contribution to Austrian radiation protection law

International Nuclear Information System (INIS)

Moser, B.

1977-01-01

Some medical aspects of the radiation protection law, esp. in conjunction with medical surveillance of persons exposed to radiation, are dealt with. The discussion refers to the countries of the European Community and Austria and Switzerland. (VJ) [de

Outlines of environmental Law

International Nuclear Information System (INIS)

Salzwedel, J.

1982-01-01

In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

From case to law: A study on how cases fulfil the role of a source of law in the Netherlands and its implications for China and comparative law

NARCIS (Netherlands)

Guo, J.

2014-01-01

This study examines how cases fulfil the role of a source of law in one particular continental European civil law jurisdiction: the Netherlands. By doing so, this study aims to achieve two purposes: (1) contributing new knowledge and insights to the existing literature on the role of cases in civil

DMCA Section 104 Report: A Report of the Register of Copyrights Pursuant to [Section] 104 of the Digital Millennium Copyright Act.

Science.gov (United States)

Library of Congress, Washington, DC. Copyright Office.

As required under section 104 of Public Law No. 105-304, this Report evaluates the effects of title I of the Digital Millennium Copyright Act (DMCA) of 1998 and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, U.S.C. It also evaluates the relationship between existing and…

77 FR 71101 - Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115...

Science.gov (United States)

2012-11-29

... available at: http://www.copyright.gov/laws/rulemaking.html . SUPPLEMENTARY INFORMATION: Background Section... whether a Notice filed in the Copyright Office is sufficient as a matter of law under this section, that... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...

Imperialism and accountability in corporate law: the limitations of incorporation law as a regulatory mechanism

OpenAIRE

Foster, Nicholas HD; Ball, Jane

2006-01-01

This article discusses the limitations of the law incorporating a corporation (‘incorporation law’) as a control or governance mechanism in a world where it is increasingly difficult to prevent corporations choosing the incorporation law which suits them best. It uses as an example of the globalising pressures in this field three important cases on the right of establishment in the European Union.

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

"Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence.

Science.gov (United States)

Daly, Brenda

2011-09-01

In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.

Competition Law and the Nuclear Sector: An EU Outlook

International Nuclear Information System (INIS)

Sousa Ferro, M.

2010-01-01

Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

Website Blocking: Evolution or Revolution? 10 Years of Copyright Enforcement by Private Third Parties

Directory of Open Access Journals (Sweden)

Ellen Marja Wesselingh

2014-11-01

Full Text Available

Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs that provide access to end customers to help them with the enforcement of their rights. This article discusses case law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3 of the Copyright Directive (2001/29/EC regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013; the case law gives insight into the differences that still exist after implementation of the directive.

Financing of nuclear power plant decommissioning. A study from the point of view of German and European economic law

International Nuclear Information System (INIS)

Jasper, M.

2008-01-01

The contribution outlines legal problems from the view of national and European law. It presents alternative funding models and investigates their legal applicability. For example, funds may be established with obligatory contributions by nuclear power plant operators. A model of this type was proposed by the EU Commission. The authors discuss whether the EU Commission has the right at all to make this proposal, and what legal problems may arise in Germany, e.g. the right of property of public utilities. Other funding models are presented and investigated as well. (orig.)

International institutional law

CERN Document Server

Schermers, Henry G

1972-01-01

In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’

OpenAIRE

PETERSMANN, Ernst-Ulrich

2010-01-01

This contribution argues that concepts of social justice in European and international private law must remain consistent with the principles of justice underlying European and international public law. The contribution begins with a brief explanation of the diversity of conceptions of constitutional justice and of their legal impact on ever more fields of European public and private law (1). After clarifying the constitutional terminology used in this contribution (2), Rawlsian p...

The Europeanization of National Judiciaries

DEFF Research Database (Denmark)

Jaremba, Urszula; Mayoral, Juan A.

2018-01-01

judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: 1) offering a definition and theoretical developments useful for the study Europeanization and its......The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union judges. However, the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national...

Your Introduction to Film-T.V. Copyright, Contracts and Other Law.

Science.gov (United States)

Minus, Johnny; Hale, William Storm

This introductory-level book surveys all legal aspects of film and television production. In addition to central issues of copyright, lawsuits, dealing with lawyers, libel, insurance, taxes, union contracts and the Federal Communications Commission, important peripheral topics--such as raising money, buying equipment, distribution, pirate usage,…

THE COPYRIGHT IN THE INFORMATION SOCIETY

Directory of Open Access Journals (Sweden)

Cristinel Ioan MURZEA

2016-06-01

Full Text Available The contemporary society has imposed new demands in the development and application of copyright as a result of structural changes which occur as a result of developments in science, technology and especially communication technologies and of informatics. Legal doctrine highlights axiomatic truth according to which the “environment created by technological developments” brings forward the profound informational dimension of human being in the contemporary society. In this context the integration and the harmonization of legislation of the Member States of the European Union leads to a complex and dynamic process by which the copyright called to legally protect intellectual creation in contemporary society, acquires a universal vocation in the contemporary society, because there are no barriers or impediments in its spreading especially due to the phenomenon of multiplication and improvement of means of information and communication

THE COPYRIGHT ON THE INTELLECTUAL PROPERTY EXPERT REPORT. CONSEQUENCES

Directory of Open Access Journals (Sweden)

Raul Sorin Fântână

2013-11-01

Full Text Available Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.

A decade of experience with the European Company

NARCIS (Netherlands)

Cremers, J.; Stollt, M.; Vitols, S.

2013-01-01

A little more than a decade ago one of the most significant developments in European company law and worker participation occurred: the European Union passed a Regulation and Directive on the European Company (or Societas Europaea, hereafter SE). This legislation is a major innovation in that it

77 FR 31237 - Electronic Filing in the Copyright Office of Notices of Intention To Obtain a Section 115...

Science.gov (United States)

2012-05-25

... law, such notices may be filed in the Office only when the public records of the Copyright Office do... filed in the Copyright Office is sufficient as a matter of law under this section, that issue shall be... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2012-4] Electronic Filing in...

Public Policy Exceptions in European Private Law : A New Research Project

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2014-01-01

Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

Taxation of Foreign Foundations in Light of EU Law

DEFF Research Database (Denmark)

Werlauff, Erik

2016-01-01

a) The article analyses why it is necessary to consider European law when national tax law is to test whether a foundation (i.e., an independent institution) domiciled in another EU/EEA country can be considered as an independent tax subject. In Denmark the qualification for tax purposes...... of a foreign foundation has so far been decided on the basis purely of national tax law. The article argues that it is necessary to consider European law in the testing because it creates a restriction on the freedom of establishment and capital movement if the foundation is not approved as the ‘beneficial...... owner’ of the income received by the foundation. Such restriction must be able to be justified on the grounds of compelling reasons, suitability and proportionality. b) There has been a long-standing tradition in Denmark and undoubtedly also in many other member states, for tax law to be sceptic...

Bloomsday: Copyright Estates and Cultural Festivals

Directory of Open Access Journals (Sweden)

Matthew Rimmer

2005-09-01

Full Text Available Copyright estates have been unduly empowered by the extension of the term of copyright protection in Europe, the United States, Australia and elsewhere. The Estate of the Irish novelist, James Joyce, has been particularly aggressive in policing his revived copyrights. The "keepers of the flame" have relied upon threats of legal action to discourage the production of derivative works based upon the canonical texts of the novelist. The Estate has also jealously guarded the reputation of the author by vetoing the use of his work in various scholarly productions. Most radically of all, the grandson Stephen Joyce threatened to take legal action to prevent the staging of "Rejoyce Dublin 2004", a festival celebrating the centenary of Bloomsday. In response, the Irish Parliament rushed through emergency legislation, entitled the Copyright and Related Rights (Amendment Act 2004 (Ireland to safeguard the celebrations. The legislation clarified that a person could place literary and artistic works on public exhibition, without breaching the copyright vested in such cultural texts. Arguably, though, the ad hoc legislation passed by the Irish Parliament is inadequate. The Estate of James Joyce remains free to exercise its suite of economic and moral rights to control the use and adaptation of works of the Irish novelist. It is contended that copyright law needs to be revised to promote the interests of libraries and other cultural institutions. Most notably, the defence of fair dealing should be expanded to allow for the transformative use of copyright works, particularly in respect of adaptations and derived works. There should be greater scope for compulsory licensing and crown acquisition of revived copyrights.

Culture and Contract Laws

DEFF Research Database (Denmark)

Lando, Ole

2007-01-01

In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

2008-07-01

The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

The A, B and C v. Ireland ruling and the issue of abortion: a “new departure” in the European Court of Human Rights case-law in matters of consensus and domestic margin of appreciation?

Directory of Open Access Journals (Sweden)

Francisco Javier Mena Parras

2012-07-01

Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on  Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the  restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.

The Aereo dilemma and copyright in the cloud

Directory of Open Access Journals (Sweden)

Monica Horten

2014-10-01

Full Text Available Aereo is a cloud-based startup company that offers people the possibility to watch live (or nearly live television on computing devices and smartphones. It was sued by the major US broadcasters for copyright liability and the case went to the Supreme Court where Aereo lost. It encapsulates a dilemma facing courts in the US and EU – that a ruling to shut down Aereo, on the basis that it is unlawful under copyright law, could threaten innovation in areas such as the cloud. The Aereo case turned on a narrow point of US copyright law, which this paper discusses. The core issue for this paper was to analyse the legal dispute between Aereo and the broadcasters as documented in the court papers, including transcripts of the hearing, and submissions in support of both parties. A key finding was that the technical design and characterisation of the service lay at the heart of the argument over copyright. The US courts deliberated at length as whether Aereo is more like a cable TV company, or is it merely an equipment provider, providing a digital video recorder in the cloud. The paper discusses whether technical design matters or whether the substantive effect could be the determining factor. The paper then broadens the perspective to examine the position of cloud service providers. It does so in general terms, using amicus curiae briefs and other documentation from the US court case, before concluding with a consideration of the EU position. An important finding is that the complexities of content acquisition, transmission and format-shifting will generate considerable legal uncertainty.

Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

OpenAIRE

Urbas, Gregor

2012-01-01

This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

  Exhaustion of Rights and Common Principles of European Intellectual Property Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2010-01-01

of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

The Europeanization of Love. The Marriage of Convenience in European Migration Law.

NARCIS (Netherlands)

de Hart, B.

2017-01-01

The tension between the right to family reunification as laid down in European Directives and Member States’ concern to protect their sovereignty in regulating migration has resulted in growing attention to and concern about fraudulent family relationships (especially marriages of convenience). This

European Private Law: Up in the Air?

NARCIS (Netherlands)

Luzak, J.; Bobek, M.; Prassl, J.

2016-01-01

This paper compares the existing rights granted to consumers when they purchase services in the EU, whether in a shop or within a distance selling scheme, with the provisions of Regulation 261/2004. While the works on the new European rules on air passengers’ rights are still ongoing it is important

Transposition of the new European Union audit regulation into the Croatian national law

Directory of Open Access Journals (Sweden)

Sanja Sever Mališ

2016-11-01

Full Text Available The audit reform in the EU had as a consequence the adoption of the new regulatory framework. The European Parliament adopted Directive 2014/56/EU amending the Directive 2006/43/EC on statutory audit in the EU and the EU Regulation No. 537/2014 containing requirements that relate specifically to the statutory audit of public interest entities. Each Member State needs to transpose the Directive into its national legislation and also ensure its implementation. Within the framework of transposing the Directive into the national regulation, each Member State had many options that allows them to tailor the provisions of the national law according to their needs and specific aspects of the national audit markets. However, the number of options brings risks that are connected to additional audit procedures and inefficiencies in the process of performing audit with the potential effects on the quality and cost of audits. The aim of this article is to analyse the most important (not used options of the Directive and Regulation according to the Croatian national legislation. In that sense, the article provides information about the definition of statutory audit and the subjects of statutory audit as well as the definition of public interest entities in Croatia. In addition, the audit profession in Croatia is analysed in the context of the “European audit passport”. The results of this research can be a base for future comparisons between Croatia and the other EU Member States. Finally, the implementation of this provisions will answer the question: Does the implementation of different options bring convergence or divergence within the single EU audit services market?

State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

Science.gov (United States)

Ngwena, Charles G

2012-11-01

Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

Collective management of copyright and related rights

CERN Document Server

2010-01-01

In the course of the last decade, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. This book, an extensively revised and updated edition of the only major work on the legal status of CMOs, offers an indepth analysis of the various operating CMO models, their rights and obligations vis-a-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2005 edition, and a new chapter on multiterritorial licensing has been added. Factors considered include the following: * role of 'families' such as the International Confederation of Societies of Authors and Composers ...

Faith in public debate: an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law

NARCIS (Netherlands)

Janssen, E.H.

2014-01-01

‘Faith in public debate’ forms an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law.

The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law

Directory of Open Access Journals (Sweden)

Retselisitsoe Phooko

2018-03-01

Full Text Available The Southern African Development Community Tribunal (SADC Tribunal became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. This was due to the existence of various approaches to the reception of community law into domestic law. The tension between community law and domestic law, international law and domestic law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law, but there is no guidance when it comes to community law and national law. This paper will explore how the SADC Community law can be applied uniformly by South Africa, Zimbabwe and all other SADC member states. This will be done by looking at decided cases with specific reference to South Africa and Zimbabwe. In order to establish the best practices in other jurisdictions, reference will be made to the East African Court of Justice, the European Union (EU and the European Court of Justice (ECJ. The discourse will conclude by advocating the adoption of a revised Protocol on the SADC Tribunal in order to clarify the nature of the relationship between the SADC Community law and the domestic laws of SADC member states.

14th German nuclear law symposium

International Nuclear Information System (INIS)

Burgi, Martin

2013-01-01

Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.

Copyright and mass digitization a cross-jurisdictional perspective

CERN Document Server

Borghi, Maurizio

2013-01-01

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how? The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works. It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted act...

Business Law, Europe

DEFF Research Database (Denmark)

Fomcenco, Alex; Werlauff, Erik

This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should be ...

NATIONAL MINORITIES IN THE LAW OF THE EC/EU

Directory of Open Access Journals (Sweden)

Daniel Šmihula

2008-09-01

Full Text Available In the law of the EC/EU the protection of national minorities is still a marginal matter. The EU has relied on general international law and on a European regional system of international law and, in case of necessity, accepted their norms. But in the 1990s there began a process of “de-economisation of the European integration” and the importance of national minorities became higher. Protection of the national minorities has not become a generally accepted legally binding principle of the EU, although in several legal acts issues of national minorities are mentioned. On the other hand, the political relevance of national minorities´ protection is very high. The importance of protection of national minorities in future will probably grow. It is a result of the adoption of the Charter of Fundamental Rights of the EU (2000 and of the discussions regarding the European constitution and the Treaty of Lisbon.

The Kadi Saga as a Tale of 'Strict Observance’ of International Law : Obligations Under the UN Charter, Targeted Sanctions and Judicial Review in the European Union

NARCIS (Netherlands)

Larik, J.E.

2014-01-01

This article addresses the question whether the European Union defaulted on the ‘strict observance’ of international law and ‘respect’ for the UN Charter, which are now express objectives of the EU following the Lisbon reform, in the course of the famous Kadi cases. With the final appeals judgment

The role of the European Union in private law relations of organizations operating in the internal electricity or gas market in medium and small size Member States

International Nuclear Information System (INIS)

Nechvátal, Ivan; Pilavachi, Petros A.; Kakaras, Emmanuel

2012-01-01

This paper studies European Union (EU) legislation on private law relations for organizations operating in the internal electricity and gas market in medium and small size Member States. It consists of the analysis of both the EU primary (Treaties) and secondary (directives and regulations) legislation. A survey was sent to organizations operating in the internal energy market in four Member States: Greece, Czech Republic, Finland, and Malta. Through the survey, the paper identifies problematic areas of current EU legislation and compares them with new legislation applied as from 3 March 2011 (third liberalization package). It looks into all important EU energy legislation on private law relations of organizations operating in the internal energy market such as unbundling, procurement, procedural law, duties related to information and other legislation on energy contracts. The study concludes that, despite some small problems, the energy liberalization including the third liberalization legislative package progresses in a correct manner. There are nearly no problems in the access to the transmission and distribution systems. The functioning of the gas market is considered as the most important problem. - Highlights: ► European Union legislation on private law relations was studied. ► Organizations operating in the electricity and gas market were considered. ► A survey was sent to organizations in four Member States. ► Despite some problems, the energy liberalization advances correctly. ► The gas market is considered as the most important problem.

The Film Collector, the FBI, and the Copyright Act.

Science.gov (United States)

Nevins, Francis M., Jr.

1977-01-01

Current developments in both the civil and criminal law as they relate to the hobby of film collecting are analyzed. The first-sale doctrine, court cases involving copyrights of films, and the role of the Federal Bureau of Investigation in confiscating films on behalf of the Film Security Office of the Motion Picture Association of America are…

ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS PROTECTION IN THE EUROPEAN UNION

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NICOLAE PURDĂ

2013-05-01

Full Text Available Human rights protection within the European Community and the European Union has developed judicially, the human rights being protected by the Community Courts as general principles of Community law. The Treaty of Maastricht and the Treaty of Amsterdam have codified the Community law within the area of human rights. The codification of European Union’s concept of human rights in a single document was realized by adopting the Charter of Fundamental Rights of the European Union, on 7 December 2000 in Nice, whose provisions acquired legally binding under the Treaty of Lisbon.

Transforming the European legal order: The European Court of Justice at 60+

OpenAIRE

Guth, J

2016-01-01

The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

EU external relations law : text, cases and materials

NARCIS (Netherlands)

Van Vooren, Bart; Wessel, Ramses A.

2014-01-01

This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional

THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

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TETYANA KOMAROVA

2017-01-01

Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

THE EUROPEAN COMPANY (SOCIETAS EUROPAEA ON RIND SIGHT

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Liviana Andreea Niminet

2016-07-01

Full Text Available The article deals with the rind aspects of European Company (also known by its Latin name Societas Europaea or SE, a “type of public limited-liability company regulated under European Union law”. Although this form of company was proposed more than 40 years ago, it was only in 2001 when the Council issued Regulation (EC No 2157/2001 of 8 October 2001 on the Statute for a European company defining the European company (SE as “a legal structure that permits a company to operate in different European Union (EU countries under a single statute”, as determined by the law of the Union and common to all EU countries. Being a new legal form, the SE coexists with the corporate forms that already were in each Member Statebeing governed by both European Regulation and national law. As it follows we address the rules, classification, conditions for settling an SE, organization structures, tax harmonization, employee involvement in the SE, advantages and disadvantages of SEs, as well as the opportunity of SPEs.

Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2015-01-01

This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to c...... of law (competition law).......This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years...

Economics and technology in international law

International Nuclear Information System (INIS)

1982-01-01

This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de

Waste law. November 2013 - September 2014

International Nuclear Information System (INIS)

Lanoy, Laurence

2014-01-01

The author comments the main evolution noticed regarding legal aspects (laws, decrees, jurisprudence, and so on) about wastes between November 2013 and September 2014. The main events have been the adoption of the bill on social and solidarity economy which contained some measures related to waste prevention, and the transposition of a European directive related to waste electric and electronic equipment. The author addresses the different concerned domains: the modalities of waste management (prescriptions applied to installations receiving wastes, the waste status, the case of radioactive wastes, the case of waste electronic and electric equipment, waste cross-border transfers, general orientations of the French and European waste laws), and the responsibility for wastes (administrative responsibility, waste related taxation, producer responsibility)

Consumer in insurance law

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Čorkalo Milena

2016-01-01

Full Text Available The paper analyses the notion of consumer in the European Union law, and, in particular, the notion of consumer in insurance law. The author highligts the differences between the notion of consumer is in aquis communautaire and in insurance law, discussing whether the consumer can be defined in both field in the same way, concerning that insurance services differ a lot from other kind of services. Having regarded unequal position of contracting parties and information and technical disadvantages of a weaker party, author pleads for broad definition of consumer in insurance law. In Serbian law, the consumer is not defined in consistent way. That applies on Serbian insurance law as well. Therefore, the necessity of precise and broad definition of consumes is underlined, in order to delimit the circle of subject who are in need for protection. The author holds that the issue of determination of the circle of persons entitled to extended protection as consumers is of vital importance for further development of insurance market in Serbia.

Recalibrating Some Copyright Conceptions: Toward a Shared and Balanced Approach to Educational Copying

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Rumi Graham

2014-12-01

Full Text Available Most of Canada’s publicly-funded educational institutions have operated since the 1990s under blanket reprographic licences. But recent Copyright Act amendments and Supreme Court decisions in several copyright cases have added legislative and judicial weight to the idea that copyright encompasses both private owners’ rights and public users’ rights in the form of infringement exceptions such as fair dealing. Many educational institutions have responded to these changes by moving toward greater reliance on statutory users’ rights and direct licensing with copyright owners, and by moving away from blanket collective licensing. Not unexpectedly, copyright owners and the societies and collectives that represent them see the changes in copyright law in a different light. Copyright owners’ and educators’ variant conceptions of the kinds of educational copying that are compensable pose a challenging policy problem in need of a principled solution that upholds the legislative underpinnings of copyright law and is perceived to be fair. This article attempts to frame a balanced understanding of underlying issues by considering the nature and purpose of copyright, the purpose of copyright collectives, what is meant by fair dealing, and, ultimately, how we should think about copyright. It suggests that meaningful change may not be achievable without concerted attention paid to the language we use to think and talk about copyright in order to construct a combat-free shared space in which learning, inquiry, and the production of creative works are fostered and, when appropriate, rewarded fairly.

CONSIDERATIONS ON AMENDING AND SUPPLEMENTING LAW NO. 279/2005 ON APPRENTICESHIP AT WORK BY LAW NO. 179/2013

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Brîndușa Oana Vartolomei

2013-11-01

Full Text Available Changes and additions made to the Law on apprenticeship contract and call into question the manner in which the Romanian legislator understands that give efficiency to this legal institutions. The scientific research aims to identify substantive changes made to the legal text by Law no. 179/2013 and to explore opportunities in the current context of national and European legislation.

Face and Emotion Recognition on Commercial Property under EU Data Protection Law

DEFF Research Database (Denmark)

Lewinski, Peter; Trzaskowski, Jan; Luzak, Joasia

2016-01-01

This paper integrates and cuts through domains of privacy law and biometrics. Specifically, this paper presents a legal analysis on the use of Automated Facial Recognition Systems (the AFRS) in commercial (retail store) settings within the European Union data protection framework. The AFRS...... to the technology's potential of becoming a substantial privacy issue. First, this paper introduces the AFRS and EU data protection law. This is followed by an analysis of European Data protection law and its application in relation to the use of the AFRS, including requirements concerning data quality...

The renewable energy development framework - II. The foundations of renewable energy development: Economic foundations of renewable energies; International foundations of renewable energies; European foundations of renewable energy development; Foundations of renewable energy development in internal law

International Nuclear Information System (INIS)

Combes Motel, Pascale; Thebaut, Matthieu; Loic Grard; Michallet, Isabelle

2012-01-01

A first article analysis the reasons for the development of renewable energies (economic and environmental reasons, European commitments in terms of production objectives), how these renewable energies can be developed (acceptation by the population, administrative, technological, and financial constraints, political instruments related to market, taxes and purchase prices). A second article proposes a discussion about the way international law deals with renewable energies as far as texts as well as actors are concerned. The third article describes the European ambitions regarding renewable energies as a product of national perspectives (national action plans and projects) as well as of European perspectives (financing, integrated actions). The last article presents and comments various legal texts dealing with the development of renewable energies in France (texts concerning the right to energy, the environment law, planning tools, incentive measures)

The Politics of European Human Rights Culture

Czech Academy of Sciences Publication Activity Database

Agha, Petr

2017-01-01

Roč. 7, č. 3 (2017), s. 200-215 ISSN 1805-8396 R&D Projects: GA ČR GA13-30299S Institutional support: RVO:68378122 Keywords : Court of Justice of the European Union * European Court of Human Rights * religious symbols Subject RIV: AG - Legal Sciences OBOR OECD: Law

Where Does Creativity Come From? and Other Stories of Copyright

OpenAIRE

Madison, Michael

2017-01-01

This Commentary on Lydia Pallas Loren, Untangling the Web of Music Copyrights, 53 Case W. Res. L. Rev. 673 (2003), observes that debates over a variety of copyright law issues can be - and in fact, often are - structured in narrative terms, rather than in terms of doctrine, policy, or empirical inquiry. I suggest a series of such narratives, each framed by a theme drawn from a feature film. The Commentary suggests that we should recognize more clearly the role of narrative in intellectual pro...

THE EFFECTS OF THE PRIMACY OF THE EU LAW ON THE INVESTORSTATE DISPUTE RESOLUTION MECHANISM

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Bogdan Biriş

2014-11-01

Full Text Available This paper highlights the existing conflict between EU law and the provisions contained in Bilateral Investment Treaties with respect to the arbitration clause. In the context of the post-Lisbon, the European Union has exclusive competence in the area of investment is the only entitled to conclude investment treaties with third countries. However, many Member States continue to maintain in force bilateral treaties signed pre-Lisbon and jurisdiction clauses which conflict with European law. This paper will analyze the case law and doctrine in the field and will try to find solutions to avoid possible bottlenecks that may arise when a Member State is in a position to choose between compliance with European law and the rest of its international obligations.

The Unification of Terminology in Terms of Impact of Employees on Decisions Taken in European Business Entities and Polish Law

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Giedrewicz-Niewińska Aneta

2017-12-01

Full Text Available One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace.

Of Steeds and Stalking Horses: Academics Meet Publishers on the Field of Copyright.

Science.gov (United States)

Lichtenberg, James

1995-01-01

Discusses the issues involved in reforming the copyright law and redefining fair use as it applies to electronic documents. Highlights include access to and privileges of the Internet, technological development, the evolution of copyright, licenses and fees, the position of publishers and academics, costs, and conditions for creating a stable…

The Treaty of Maastricht and energy law

International Nuclear Information System (INIS)

Tettinger, P.J.; Pielow, J.C.

1994-01-01

In December 1993 a German-Spanish colloquy on topical questions of community law as well as national and supra-national energy law was held at the Institute of Mining and Energy Law at Bochum. Discussions centered around the constitutional issues surrounding the treaty establishing the European Union of 7th February 1992, which came into force on 1st November 1993, and its implications for the national regulatory systems in the energy economy. Against this background the most recent developments in energy law and energy policy in Spain and the Federal Republic of Germany were described. (orig./HP) [de

Rules on the conflict of laws in the matter of succession in Romanian private international law

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Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

Creating EU law judges

DEFF Research Database (Denmark)

Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

2014-01-01

The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...

Collective legal protection: The European approach

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Petrušić Nevena

2014-01-01

Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

2007-07-01

The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

Forest ownership in comparative law

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Üstüner Birben

2015-07-01

Full Text Available Efficient and sustainable use of forest resources depend on various factors. However, one of the most emphasized and discussed topics among these factors is forest ownership. Comparative law is an important way of analyzing and understanding legal systems of different countries, and identifying different aspects of the current legal systems. This study tries to analyze forest ownership with regard to comparative law. France for the Continental-European legal system, Great Britain for the Anglo-Saxon legal system, and Russia Federation for the Socialist legal system are taken respectively as a base. Thus, how right to ownership is evaluated in different legal systems and what are the main features of that are indicated. As a result, private forest ownership is common in the Continental-European legal system and Anglo-Saxon legal system while state ownership is common in the Socialist legal system. Prevalence of private forest ownership in the Continental-European and the Anglo-Saxon legal systems is also closely related to the previous use rights transferred into right to ownership. In addition, it is concluded regarding the historical process that many changes occurred on forest ownership types without considering differences in legal systems.

You told me, Right? - Free and Informed Consent in European Patent Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Hellstadius, Åsa