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Julia Iliopoulos-Strangas, Michael Potacs, Elena Simina Tanasescu, Jacques Ziller - Migration | Migration | Migrations

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Julia Iliopoulos-Strangas (Hrsg.), Michael Potacs (Hrsg.), Elena Simina Tanasescu (Hrsg.), Jacques Ziller (Hrsg.)

Migration | Migration | Migrations

Reihe: Societas Iuris Publici Europaei (SIPE)

Band 11 2017

Treffer in den folgenden Teilen:

Horatiu Radu Developments in the case-law of the CJEU in the field of migration S. 163-178

„… EU law, and, on the other hand, international law in the field of protection of refugees and human …” „… existence of various sources of rights and obligations in the field of migration, such as: international law …” „… -443/14 and C-444/14, para. 37, 40. Developments in the case-law of the CJEU in the field of migration 168 …”

Alessandra Lang The EU legal regime of migration and the external borders S. 145-162

„… Lisbon, primary law did not set any specific aims for the Union to attain in the fields of external …” „… subjected to control I. * Associate Professor of European Union Law, Department of International, Legal …” „… Development of the Freedom of Movement for Citizens in the Case- Law of the Court of Justice of the European …”

Krzysztof Wojtyczek The future as object of judicial proceedings S. 215-230

„… the context of family law, B. ZUPANČIČ, Concurring opinion to ECHR, Decision of 13.07.2000, Scozzari …” „… decision. The need to establish future facts is also present in other branches of law. In criminal …” „… 7/06, Orzecznictwo Trybunału Konstytucyjnego. Zbiór Urzędowy (Case-law of the Constitutional Court …”

Sanderijn Wierink The squeaky sounds of Dublin S. 253-258

„… The squeaky sounds of Dublin Sanderijn Wierink* Working in the field of immigration law there is …” „… and all lawyers criticise 8 Meijers Committee, CM1609, Note on the proposed reforms of the Dublin …” „… changes while your paper is at the publisher. We can all recall the image of people walking the highways …”

Titelei/Inhaltsverzeichnis S. 1-20

„… Comité européen des droits sociaux 163 Developments in the case-law of the CJEU in the field of migration …” „… Europe, for State Sovereignty and for the Rule of Law and the Welfare State – Nouveaux défis pour …” „… , for State Sovereignty and for the Rule of Law and the Welfare State – Nouveaux défis pour l’Europe …”

Roberta Mungianu Between Protection and Deflection: A legal account of some specific aspects of the EU’s response to the refugee crisis S. 37-58

„… , Faculty of Law, University of Copenhagen. 1 Communication from the Commission to the European Parliament …” „… Agenda on Migration (COM (2015) 240 final), 2 and 7. The law stated in the text is current as of June …” „… States of the European Union and determining the conditions for access to the EES for law enforcement …”

Antonis Bredimas régime des migrants dans le cadre de la Charte Sociale Européenne et de la pratique du Comité européen des droits sociaux S. 191-208

„… , J.-Y. CARLIER / Ph. DE BRUYCKER (éds.), Immigration and asylum law of the E.U.: current debates …” „… in the field of social right. Background paper, Council of Europe, CDDH (2006), 022 (17.10.2006), p …” „… , Migrant workers in international human rights law. Their protection in the countries of employment, Oxford …”

Daniel Thym Die Flüchtlingskrise als Herausforderung für das Konzept einer supranationalen „Integration durch Recht“ S. 73-102

„… Variation Across Policy Fields in the Evolution of European Union Law”, Maastricht Journal 20, 2013, S …” „… Rechtsstaat Migration: New challenges for Europe, for State Sovereignty and for the Rule of Law and the …” „… “, in: M. MAES et al. (Hrsg.) External Dimensions of EU Migration and Asylum Law and Policy, Brüssel …”

doi.org/10.5771/9783845285368

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (Hrsg.), Halvard Haukeland Fredriksen (Hrsg.), Hans Petter Graver (Hrsg.), Ola Mestad (Hrsg.), Christoph Vedder (Hrsg.)

Agreement on the European Economic Area

Reihe: Kooperationswerke Beck - Hart – Nomos

Band 2018

Treffer in den folgenden Teilen:

Per Andreas Bjørgan Article 23 [Monitoring within the field of public procurement law] S. 1009-1011

„… EFTA Court. Article 23 [Monitoring within the field of public procurement law] The EFTA Surveillance …” „… within the field of public procurement law Bjørgan 1009 11 12 13 1 2 3 on minimum harmonised public …” „… rules of practices may violate EEA law. Based on an investigation, ESA may initiate infringement …”

Christophe Hillion Article 118 [Extension of the EEA Agreement to new fields] S. 904-912

„… extension could only concern, in practice, fields covered by EU law. The instigator of the process has to …” „… Article 118 [Extension of the EEA Agreement to new fields] 1. Where a Contracting Party considers that it …” „… both institutional and substantive modifications of EU primary law. Furthermore, since its revision by …”

Dora Sif Tynes Article 108 [The ESA and the EFTA Court: Establishment and competences] S. 840-852

„… field of competition taken by the EFTA Surveillance Authority; c) The settlement of disputes between two …” „… of the EEA law is central in the EEA Agreement.1 Therefore, the modalities for a surveillance …” „… special competences to supervise the application of the EC Member States of Community law was well …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… ment of the transparency obligation deriving from primary law before national courts, even where …” „… .220 As to the remedies for breach of primary law, the absence of EEA rules on remedies for …” „… much of the EU acquis in the field is covered by the EEA Agreement.1 The core provision in this respect …”

Martin Hennig Article 76 [Cooperation in the field of statistics] S. 740-742

„… Chapter 4: Statistics Article 76 [Cooperation in the field of statistics] 1. The Contracting …” „… the field of statistics. Art. 76(1) imposes upon the Contracting Parties an obligation to produce and …” „… specific provisions on statistics in a broad range of fields, inter alia, on business, transport, tourism …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 98 [Amendments to Annexes and selected Protocols] S. 795-797

„… international law; second, the specialised EEA procedure under Arts. 97 to 104 regarding amendments of the …” „… Protocols’, in: Baudenbacher (ed), The Handbook of EEA Law, p. 100; Norberg et al., EEA Law, p. 133. For …” „… applies to certain acts in the veterinary field and for the processing of certain emergency acts in the …”

Titelei/Inhaltsverzeichnis

„… fields of national law where the EEA Agreement is of relevance (i.e. almost all). In addition, ‘EEA …” „… by Norberg et al. This includes both important sub-fields of substantive EEA law such as …” „… experts of the various fields of EU/EEA law – to elaborate, edit and publish an extensive and thorough …”

Jóhanna Jónsdóttir Article 87 [Expansion to new fields of cooperation] S. 773-776

„… should apply in fields of cooperation where the EFTA states participate fully and consequently contribute …” „… acquis processing. Article 87 [Expansion to new fields of cooperation] The Contracting Parties shall …” „… new fields to those listed therein. The ambition of Part VI is to provide a vehicle for additional …”

Karin Fløistad Article 29 [Social security for workers and self-employed persons] S. 385-391

„… , the fundamental status of Union citizenship and its Union citizenship case law. This line of reasoning …” „… law of a worker. As pointed out in the next section regarding Art. 29 EEA, there are a number of cases …” „… shall, in the field of social security, secure, as provided for in Annex VI, for workers and …”

Introduction S. 1-13

„… within EU law. Also within the field of EU’s Common Foreign and Security Policy have the EFTA States …” „… and the first twenty years of its existence’, in: Baudenbacher (ed.), Handbook of EEA Law, pp. 3-42 …” „… and Sweden, into the internal marked, but with important exceptions for the fields of agriculture and …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 75 [More stringent national measures] S. 737-740

„… Agreement considerably limits the leeway of the EEA States. Stricter environmental norms in national law …” „… Directives must be implemented into national law in accordance with the requirements of Art. 7 EEA – the …” „… the path chosen in EU law. When the ECJ decides on the level of harmonisation brought about by a …”

Christoph Vedder The EEA in the Union’s Legal Order S. 101-124

„… fields which, as a matter of EU law, are shared or coordinating and supporting competences, the related …” „… law as well. As ‘fields covered by the Treaty’ implied treaty-making powers become part of the …” „… . The aim of this essay is hence to explore the EEA from a EU law perspective in the context of the …”

Karl Harald Søvig Article 69 [Equal pay for equal work] S. 677-683

„… other fields (civil life outside the field of labour law). Both the core elements of the provision are …” „… Norwegian law,7 whereas it enjoys direct effect in Liechtenstein by virtue of Liechtenstein law. Further …” „… operators before the national courts of all of the EEA States. There is a substantial body of case law from …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… to 206/2016 of 30 September 2016. 8 Norberg et al., EEA law, p. 478. 9 St.prp. nr. 100 (1991-92), p …” „… thrust of the general rules of EEA and EU law. As stressed by Greaves in the context of the EU, the …” „… relationship between Title VI of the TFEU (ex Title IV of the EEC Treaty) and general principles of EU law …”

Pål Wennerås Article 3 [Relevance of ECJ case law] S. 980-984

„… in the fields of public procurement, state aid and competition law. 1 Ibid, see also e.g. Case E-3/98 …” „… duty to act against breaches of EEA law). The very fact that the EFTA States may challenge ESA …” „… application of EEA law), and Art. 24 and 25 (duty to issue competition and state aid guidelines corresponding …”

Jóhanna Jónsdóttir Article 86 [Role of the EEA Joint Committee] S. 772-773

„… decision-making procedure of the EEA Agreement should apply in fields of cooperation where the EFTA states …” „… participation due to delays in acquis processing. Article 87 [Expansion to new fields of cooperation] The …” „… framework of the Community's activities in fields not listed in Article 78, where such cooperation is …”

Karl Harald Søvig Article 70 [Equal treatment of men and women] S. 683-690

„… . 69 is limited to the labour market, Art. 70 applies to all fields of society. At the time of the EEA …” „… negotiations, the EC had certain competences within the field of social security. This is now reflected in Art …” „… Nordberg et al. EEA Law, p. 615. Article 70 Equal treatment of men and women Søvig 683 1 2 3 der …”

Thomas Chr. Poulsen Article 42 [Protocols and Annexes as integral part of the SCA] S. 1051-1056

„… multiple occasions and issued several new notices in the field of competition law. Article 43 [Statute and …” „… .4 Protocol 2 concerns the functions and powers of ESA in the field of procurement.5 It should be …” „… a clear and manifest infringement of the provisions of the EEA Agreement in the field of procurement …”

Dora Sif Tynes Article 109 [The two-pillar surveillance system] S. 852-860

„… whether the imposition of a fine for breach of such decisions is appropriate. In other fields, a stricter …” „… two-pillar approach has been followed. One example is the Regulation on common rules in the field of civil …” „… entrusted with a number of competences of administrative and executive nature and in the field of …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 74 [Protective measures] S. 721-737

„… This is of particular relevance to the field of environmental law.24 As a result, several EU legal acts …” „… the fact that the precautionary principle, as a principle of EU environmental law, follows …” „… environmental law.1 At the time when the EEA Agreement was concluded, the body of EC environmental law consisted …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 99 [Participation of EFTA States in EU decision-shaping] S. 797-800

„… Art. 98 includes Protocol 31 on cooperation in specific fields outside the four freedoms. Examples of …” „… field governed by the EEA Agreement. The question of whether a proposal falls under a field governed by …” „… equal basis (“in the same way”). 1 Baur, ‘Decision-Making Procedure and Implementation of New Law’, in …”

Christian Franklin Article 2 [Principle of loyalty] S. 978-980

„… 24 on cooperation in the field of control of concentrations; Protocol 26 on the powers and functions …” „… of ESA in the field of State aid and Protocol 27 on cooperation in the field of State aid. The …” „… context of the EEA Agreement, the SCA and other EEA-related texts than it has outside the realm of EEA law …”

Per Andreas Bjørgan Article 22 [Monitoring the application of the EEA Agreement and the SCA] S. 1007-1009

„… , chapter 4.1.1. Article 23 Monitoring within the field of public procurement law Bjørgan 1009 11 12 13 1 2 …” „… secondary acts regarding ESA’s surveillance activities in the fields of general internal market rules …” „… States’ application of EEA law. Even though the division of competences is clear, the two surveillance …”

Jóhanna Jónsdóttir Article 85 [Inclusion of pre-existing cooperation] S. 771-772

„… of cooperation in a wide range of policy fields. Further analysis of the content of Protocol 31 is …” „… Interestingly, Art. 2 of the decision establishing the platform allows representatives of the EFTA …” „… generally prefer to set out the conditions of their participation during the incorporation of the relevant …”

Per Andreas Bjørgan Article 25 [Responsibilities of the ESA in the field of the competition rules] S. 1012-1018

„… field of State aid. One important aspect concerns the obligation to conduct surveys on State aid in …” „… amendments to those acts or the adoption of other and future acts in this field, the obligation rests with …” „… 25 [Responsibilities of the ESA in the field of the competition rules] The EFTA Surveillance …”

Ólafur Jóhannes Einarsson Article 33 [Exemptions] S. 423-434

„… the Charter under EEA Law and Judicial Cross-Fertilisation in the Field of Fundamental Rights’, in …” „… measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law …” „… , Commission v Spain para. 36-37. 14 Barnard, The Substantive Law of the EU, p. 472. 15 Case C-293/14 …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 102 [Amendments of Annexes, incooperation of EEA-relevant EU legislation] S. 803-819

„… field of competition under Art. 6 of Protocol 23 EEA. 3 Norberg et al., EEA Law, pp. 169-171. For …” „… EEA relevance in general in a specific field of law (energy), see Buschle and Jourdan-Andersen …” „… : Baudenbacher (ed), The Handbook of EEA Law, pp. 90-91, and also Meld. St. 5 (2012-2013), p. 13. For further on …”

Finn Arnesen Article 129 [Languages, ratification, entry into force] S. 968-973

„… of the EEA Agreement across the EEA.2 However, the basic aim of homogeneity between EEA law and EU …” „… law within the fields covered by the EEA Agreement implies that these challenges are not significantly …” „… law always involves a comparison of different language versions; that EEA law often mirror provisions …”

Jóhanna Jónsdóttir Introduction to EEA cooperation outside the four freedoms S. 751-753

„… wide range of areas. 1 Norberg et al., EEA Law, pp. 639 and 648. 2 Norberg et al., EEA Law, p. 640 …” „… Community's activities in the fields of: – research and technological development, – information services …” „… Part VI of the EEA Agreement contains a list of fields in which the Contracting Parties shall …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… arrangements in the Annexes to the EEA Agreement. Secondly, there are several important fields of EEA law that …” „… scope of EEA law, at least if supplemented by Protocol 31 on cooperation in specific fields outside the …” „… substance of a field of EEA law is to be found in the Annex (i.e. where the text of the Main Agreement only …”

Ólafur Jóhannes Einarsson Article 36 [Freedom to provide services] S. 450-470

„… briefly at the case law of the ECJ in the field of gaming.46 The first case to reach the ECJ was Schindler …” „… an examination of the EFTA Court’s case law in the field of gaming, see Planzer, ‘Gambling Law’, in …” „… sometimes contradictory case law of the ECJ in the field of gaming. Finally, the EFTA Court also dealt with …”

Gunnar Thor Pétursson Article 13 [Exemptions] S. 301-311

„… are making their way within the proportionality test in ECJ’s case law, in particular in the field of …” „… . Introduction Art. 13 mirrors the provision of EU law now found in Art. 36 TFEU, and makes clear that the free …” „… EFTA Court’s reception of the ECJ’s case law. This is, in particular, important in regard to judge-made …”

Finn Arnesen Article 20 [Fish and marine products] S. 338-341

„… ., EEA Law, pp. 365-368, and Almestad, ‘Natural resources’, in Baudenbacher (ed), Handbook of EEA Law, on …” „… . 255 ff. See also Almestad, ‘Natural resources’, in Baudenbacher (ed), Handbook of EEA Law, p. 771. 4 …” „… Norberg et al., EEA Law, p. 365. 5 Art. 5 of Protocol 9. This provision illustrates that the Protocol is …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… be expected in other fields of EEA law where the EFTA States need to find a way to affiliate …” „… ECJ’s interpretation of Community law) and the part that deals with the homogeneity objective as such …” „… Member State in an area of EEA law that falls outside the competences of the EU, no dispute settlement …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 73 [Object and purpose of EEA environmental law] S. 715-721

„… EEA-relevant secondary EU law are generally difficult to obtain4 and, in the field of environmental law, the …” „… ’ environmental law obligations must be interpreted on the basis of the general development of the principles and …” „… ambitions of international environmental law, and they must give consideration to new environmental problems …”

Per Andreas Bjørgan Article 6 [Right to information from the EFTA States and from undertakings] S. 990-992

„… . ESA has in the fields of general surveillance and state aid (with few exceptions) no investigative …” „… includes requests to specify all provisions in national law that entails a differentiation of treatment …” „… in the field of competition. Similar powers have been extended to ESA through a revision of Protocol …”

Jóhanna Jónsdóttir Article 88 [Domestic measures] S. 776-777

„… and the EC Member States in their respective fields of competence, may, after having discussed it in …” „… Parties on further development of the relations established by the Agreement by extending them to fields …” „… EEA relevant. Therefore, any participation of the EFTA States would have had to be based on Art. 87 …”

Finn Arnesen, Halvard Haukeland Fredriksen Contracting Parties S. 973-975

„… law obligations within the EU-pillar of the EEA. However, the absence of the EU from the list of …” „… matter of principle, the EFTA States’ possibility to amend the SCA is limited by their EEA law …” „… powers of ESA in the field of the competition rules applicable to undertakings and in the field of State …”

Thomas Chr. Poulsen Article 43 [Statute and Rules of procedure of the EFTA Court] S. 1056-1065

„… the field of competition law. Article 43 [Statute and Rules of procedure of the EFTA Court] 1. The …” „… the case-law of the ECJ, the lawyer must be a third party in relation to the litigant. That …” „… . 24(2) SCA, to adopt acts corresponding to, in the field of State aid. ESA fulfilled this obligation by …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… Generally on objectives of EU policy and measures on public procurement, see Arrowsmith, The Law of Public …” „… Agreement – Outside the Directive’s scope Scope of Application The field of public procurement is regulated …” „… authorities or entities in the fields of defence and security. Article 65(1) Public procurement Hammersvik 613 …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… in the field of insurance and related financial services,, where national law adopted a month and a …” „… the principle of loyalty, or sincere cooperation, under EEA law. The very wording of the provision …” „… law principle of pacta sunt servanda – such as where Art. 3 is used to play a “gap-filling” role in …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 3 [Responsibilities] S. 1085-1089

„… stake in Norway for the incorporation of the Food Law Package into the EEA Agreement, whereas Norway was …” „… referred to in Article 43 of the EEA Agreement; f) in the veterinary field, lay down the necessary …” „… two pillar system of the EEA Agreement. EU law assigns various operational, executive and …”

Benedikt Pirker Switzerland and the EEA S. 80-101

„… organisation, are to be considered as law-making or require an implementation by means of federal laws are …” „… . . . . . . . . . . 28 IV. The Relevance of EEA Law for Switzerland …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. Relevance of ECJ case law in the framework of the Bilateral Agreements …”

Håvard Ormberg Article 121 [Nordic cooperation, regional union between Switzerland and Liechtenstein] S. 924-927

„… arrangements and adaptations, excepting Liechtenstein from the application of certain fields of EEA Law. In …” „… Art. 121 be regulated by the rules of Public International Law.3 The regional cooperation governed by …” „… Treaty is to prevent he application of Community law from causing the disintegration of the Benelux Union …”

Ólafur Jóhannes Einarsson Article 38 [Transport services] S. 470-473

„… services in the field of transport shall be governed by the provisions of Chapter 6 Art. 38 reproduces the …” „… services in the field of transport shall be governed by separate 102 Reg. (EU) No 462/2013 amending Reg. No …” „… applicable to the field of transport in the absence of secondary legislation providing for such applicability …”

Per Christiansen Article 34 [Advisory opinion] S. 1032-1040

„… there is no judicial remedy under national law. 7 Dir. 2005/60/EC on the prevention of the use of the …” „… of EEA law.2 It is the function of the Court to provide guidelines for the interpretation of EEA law …” „… , and then apply EEA law to the facts of the case.3 II. The EFTA Court’s jurisdiction in advisory …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… law of the ECJ in the field of services”, 37 CMLR (2000), 43 at 67–68. 62 Buendia Sierra, Exclusive …” „… dimension if it is capable of being reviewed under the national competition law of at least three EU Member …” „… obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of …”

Per Andreas Bjørgan Article 5 [Responsibilities and means] S. 987-990

„… Agreement since the signing in 1992.1 ESA’s surveillance tasks in the field of agriculture and fish are …” „… foremost in the field of State aid and competition.7 ESA’s guidelines are normally identical to those of …” „… importance to ESA. ESA has in the fields of general surveillance and state aid (with few exceptions) no …”

Fredrik Bøckman Finstad Norway and the EEA S. 59-80

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. The legal position of EEA law under Norwegian law . . . . . . . . . . . . . . 15 5 …” „… of EEA law and consequences for the Norwegian style of legislation 36 7. The question of EEA …” „… of the euro-area and the cooperation and obligations in that field, which in itself is a strongly …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 97 [Right to amend internal legislation] S. 793-795

„… ’ competence to legislate in the fields that fall within the ambit of the EEA Agreement. It states that the …” „… an international law agreement under the control of the Contracting Parties. However, seen in light …” „… procedure referred to in Art. 98 (normally the procedure in Art. 102). The dynamic evolution of EU law is …”

Jóhanna Jónsdóttir Article 78 [Areas of cooperation] S. 753-754

„… in the framework of the Community's activities in the fields of: – research and technological …” „… Agreement. The first Article under Part VI of the EEA Agreement contains a list of fields in which the …” „… specific fields covered by Part VI of the Agreement are set out in Protocol 31. Arts. 1-10 of Protocol 31 …”

Gunnar Thor Pétursson Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports S. 289-299

„… Economic Area’.1 It is well known that the case-law of the ECJ concerning the free movement of goods formed …” „… 3 lic morality interests. In this field of shared competences (as confirmed by Art. 4(2)(a) TFEU …” „… corresponding provision of EU law, namely Art. 34 TFEU. Therefore, on the basis of Art. 6, Art. 11 is to be …”

Per Christiansen Article 35 [Jurisdiction to review penalties imposed by the ESA] S. 1040-1041

„… field of competition, grant ESA the authority to impose a fine on an undertaking or an association of …” „… adoption of a new Art. 25 a and Protocol 8 SCA, ESA has been allocated tasks in the field of supervision of …” „… law, the challenged decision […] Therefore, when imposing fines for infringement of the competition …”

Henrik Bull Article 26 [Anti-dumping and anti-subsidies measures] S. 362-367

„… negotiations. 3 Art. 2 of Reg. (EC) No 3286/94 laying down Community procedures in the field of the common …” „… has now been replaced by Reg. (EU) 2015/1843 laying down Union procedures in the field of the common …” „… ”. There are two of them. The first exception is more of a clarification of the field of application of Art …”

Henrik Bull Article 40 [Free movement of capital] S. 473-488

„… requisite measures to prevent infringements of their laws and regulations, inter alia in the field of …” „… P Christiansen, ‘Free Movement of Capital’, in: Baudenbacher (ed), The Handbook of EEA Law, pp …” „… mutandis.9 This is in line with ECJ case law, and that of the EFTA Court, concerning the question of …”

Christian Jordal, Gjermund Mathisen Article 62 [Review of State aid through the ESA and the Commission] S. 598-605

„… surveillance in the field of State aid throughout the territory covered by this Agreement, the EC Commission …” „… . Introduction – state aid procedure in the EEA Overview The general enforcement regime in the field of state aid …” „… homogeneity in the two surveillance authorities’ surveillance in the field of state aid (Art. 62(2)). Based on …”

Finn Arnesen, Halvard Haukeland Fredriksen Preamble S. 150-171

„… the EEA-relevance of developments outside the field of EC law as such. Primarily, however, the first …” „… Significance of the Charter under EEA Law and Judicial Cross-Fertilisation in the Field of Fundamental Rights …” „… , and Community law, on the other, would stand in the way of achieving the objective of homogeneity in …”

Per Christiansen Article 37 [Action for failure to act] S. 1046-1048

„… jurisdiction to review decisions by ESA in the field of supervision of financial services. The second paragraph …” „… of Art. 6 provides that a failure by ESA to comply with an obligation to act in this field may be …” „… taken under EEA law”.7 Lack of such clarity will lead to the application being dismissed as inadmissible …”

Ronny Gjendemsjø Article 57 [Merger control] S. 563-566

„… , not considered as secondary law since EEA law does not contain a hierarchy of primary and secondary …” „… law.6 Recapitulating, it is difficult to find any legal ground to justify that an amendment of …” „… there was no national enforcement of EU competition law. Because of this, whether Art. 56 should block …”

Tron Løkken Sundet Article 67 [Health and safety of workers] S. 660-664

„… breaches of the directives on health and safety at the workplace. Article 68 [Labour law] In the field of …” „… law.5 The reference in the Preamble’s eleventh recital to the importance of the development of the …” „… law of the ECJ must be implemented into EEA law.6 Generally speaking, the substantive law on social …”

Håvard Ormberg Article 123 [National security and trade in arms] S. 929-939

„… internal disturbances affecting the maintenance of law and order, in time of war or serious international …” „… authorities or entities in the fields of defence and security. 6 See Trybus, Buying Defence and Security in …” „… improper use of the provision to prevent disclosure of information in the fields of competition. Compared …”

Finn Arnesen Article 19 [Liberalization of trade in agricultural products] S. 337-338

„… commercial character in the agricultural field. A striking feature with Art. 19 is the absence of strong …” „… Norberg et al ‘EEA Law’, p. 365. Article 19 Liberalization of trade in agricultural products Arnesen 337 2 …” „… ., EEA Law, pp. 365-368, and Almestad, ‘Natural resources’, in Baudenbacher (ed), Handbook of EEA Law, on …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… to the field of services, taking into account international developments in the sector. The reviews …” „… rights, in so far as the application of these provisions does not obstruct the performance, in law or in …” „… , formed in accordance with the law of a Member State and having their registered office, central …”

Index S. 1125-1141

„… the European Court of Justice I NOR 24 – Holship-case I NOR 22 – labour law I NOR 23 – natural …” „… ’ rights I NOR 21 CESL II 72 80 CETA I EU 48, 49 CFSP I EU 21 Character of EEA Agreement I EEA law 18 …” „… of national company law II 77 10 – ongoing operations II 77 14 – organisation II 77 12 – primary …”

Berte-Elen R. Konow Article 72 [Provisions on consumer protection] S. 691-713

„… consumer’ (see Section IV.1 below). Furthermore, there is an important field of EU law that falls outside …” „… In the field of EU consumer protection law, the ECJ has rendered a significant number of important …” „… the approximation of the laws of the Member States con- 1. 25 See Norberg et al., EEA Law, pp. 618-619 …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 VI. Implementation of EEA law by Liechtenstein …” „… . Implementation of EEA law . . . . . . . 43 3. Application of EEA law . . . . . . . . . . . 48 VII …” „… order of Liechtenstein and address some specific features of the implementation of EEA law in …”

Per Andreas Bjørgan Article 13 [Rules of procedure] S. 997-1002

„… decisions in the various fields of activity according to a portfolio for the members (Art. 16). This means …” „… adjustments or swaps over the years but the field of state aid has always been allocated to the Norwegian …” „… Courts, but ESA has continued to base its application of the rules on the case law of the EU courts. Reg …”

Per Christiansen Article 46 [Exchange of views and information] S. 497-500

„… activities 1 See Guðmundsdóttir, ‘Case E-3/11 Sigmarsson v. the Central Bank of Iceland’ 49 Common Market Law …” „… policies, particularly the Member States of the Eurozone. In economic policy, EU law of the Economic and …” „… economic policy fields. The prohibition of discrimination on grounds of nationality may for example …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 2 [Definitions] S. 176-180

„… in the field of financial services make clear that the words ‘Union law’ shall be read ‘the EEA …” „… the EFTA Court nor any other Court of law has the power to quash amendments to the Annexes done by the …” „… to achieve homogeneity of EU and EEA law, the same interpretative approach should be applied when …”

Per Andreas Bjørgan Article 24 [Responsibilities of the ESA in the field of State aid] S. 1011-1012

„… EFTA Court has, in line with the case law of the Court of Justice of the European Union, held that …” „… in the field of State aid] The EFTA Surveillance Authority shall, in accordance with Articles 49, 61 …” „… Responsibilities of the ESA in the field of State aid Bjørgan 1011 11 12 1 2 3 4 procedural regulation, Council …”

Finn Arnesen Article 18 [Technical barriers to trade in agricultural products] S. 336-337

„… resulting from State monopolies of a commercial character in the agricultural field. A striking feature with …” „… comments on Art. 21 EEA, mn. 14. 1 See Norberg et al ‘EEA Law’, p. 365. Article 19 Liberalization of trade …” „… A large number of the legal acts referred to are regulations of a very detailed and technical …”

Håvard Ormberg Article 122 [Secrecy obligations] S. 927-929

„… Functions and Powers of ESA in the field of State Aid, and Art. 28 of Chapter II, Arts. 8, 15 and 16 of …” „… Chapter III and Art. 17 of Chapter IV, of Protocol 4 SCA on the Functions and Powers of ESA in the Field …” „… ), The Handbook of EEA Law, pp. 626-656. 9 See e.g Section 4.6.4 on Art. 4(4) RAD 2012 of Polley and …”

Ronny Gjendemsjø Article 58 [Cooperation between the ESA and the Commission] S. 566-568

„… surveillance throughout the European Economic Area in the field of competition and to promoting a homogeneous …” „… Pursuant to Art. 58, ESA and the Commission shall cooperate in the field of competition. The wording does …” „… discussions of Article 58, see Norberg et al., EEA Law, pp- 265-268; Büchel and Lewis, ‘The EFTA Surveillance …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 1 [Object and purpose] S. 171-176

„… , equally importantly, which parts of EEC/EC/EU law fall outside its scope.2 With its reference to (all of …” „… second and third recitals of the Preamble to the TEUF. 7 For an overview, see Craig and de Búrca, EU Law …” „… seventh and eleventh recitals of the preamble to conclude that the social policy objectives of EU law that …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… The result is that EEA law has become a bit schizophrenic. It now covers a field of law falling …” „… law may also affect how primary law is applied. The field of taxation provides one example. Tax …” „… Ladbrokes. The field of taxation provides another field characterized by a more “dynamic” case law, as the …”

Dora Sif Tynes Article 110 [Enforceability of decisions of the ESA and the Commission and of judgments of the EFTA Court and the EU Courts] Einarsson/FredriksenEnforceability of decisions and judgements S. 860-865

„… obligations. Secondly, to limit Article 110 EEA to fines taken in the field of competition law would run …” „… application by the party concerned, the latter may proceed to enforcement, in accordance with the law of the …” „… the EFTA Court or the EU Courts. It is worth bearing in mind that no provision of EEA law grants the …”

Dora Sif Tynes Article 89 [Responsibilities of the EEA Council] S. 777-779

„… Member States in their respective fields of competence, may, after having discussed it in the EEA Joint …” „… development of the relations established by the Agreement by extending them to fields not yet covered by it.4 …” „… further on the EEA Agreement as a mixed agreement from the perspective of EU law the comments by Arnesen …”

Gunnar Thor Pétursson Article 8 [Free movement of goods, scope of application] S. 270-281

„… No primacy of non-implemented EEA law Protocol 35 EEA, as stated above, only applies to implemented …” „… over national law in cases of conflict. The EFTA Court has also clearly stated that “EEA law does not …” „… through the empirical lens of the case law of the EFTA Court. 1 See Case E-4/04, 25.2.2005, Pedicel, where …”

Henrik Bull Article 23 [Technical regulations and barriers to trade in wine, product liability] S. 350-356

„… restricted to adopting the relevant Com- 2. 1 It follows from consistent case law of the ECJ, also prior to …” „… 22-24. As this case law concerns Art. 34 TFEU, it is clearly also relevant for the application of Art …” „… . 11 EEA. However, under this case law, it is not excluded that the non-recognition of such tests and …”

Finn Arnesen, Halvard Haukeland Fredriksen The Contracting Parties S. 145-150

„… LIECHTENSTEIN, THE KINGDOM OF NOR- WAY I. The EEA Agreement as a Mixed Agreement From the perspective of EU law …” „… . Arnesen/Fredriksen 145 1 2 3 about by the Treaty of Lisbon and the case law of the ECJ, suggest that the areas …” „… specific fields outside the four freedoms, today fall well within the exclusive external competence of the …”

Per Andreas Bjørgan Article 18 [Publication of decisions] S. 1004-1005

„… , ESA has been given similar powers also in certain other fields of EEA law.1 By way of an example, ESA …” „… write longer decisions, especially in the field of state aid. ESA moreover closes existing aid …” „… non-confidential version has been prepared. In the field of competition, Art. 30 of Chapter II to Protocol 4 SCA …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 1 [Definitions] S. 977-978

„… authorities; Protocol 24 on cooperation in the field of control of concentrations; Protocol 26 on the powers …” „… and functions of ESA in the field of State aid and Protocol 27 on cooperation in the field of State …” „… realm of EEA law (in the broad sense of that term). The Protocol Adjusting the Agreement between the …”

Finn Arnesen Article 119 [Annexes and Protocols as integral part of the Agreement] S. 912-919

„… . As far as the legal acts referred to in the Annexes are concerned, the case law of the EFTA Court may …” „… ‘EEA law in and beyond the text of the Main Part of the EEA Agreement’, Sections III and IV. 2 See …” „… : Baudenbacher (ed), The Handbook of EEA Law, at p. 99, with further references. 3 Case C-496/09, 17.11.2011 …”

Per Christiansen Article 117 [Provisions governing the EEA financial mechanism] S. 894-904

„… 47/2000 of 19 May 2000 amending Protocol 31 to the EEA Agreement on cooperation in specific fields outside …” „… of law and the respect for human rights including the rights of persons belonging to minorities”.26 …” „… against Poland under Art. 7 TFEU (“rule of law framework”) in response to serious concerns about the rule …”

Peter-Christian Müller-Graff Article 77 [Provisions on company law] S. 742-751

„… cooperation in a number of programmes for technical cooperation within the field of statistics. The agreement …” „… law] Annex XXII contains specific provisions on company law. I. The function of Art. 77 Art. 77 …” „… serves as a turntable to Annex XXII which incorporates specific provisions of secondary EU law on company …”

Jóhanna Jónsdóttir Article 80 [Forms of cooperation] S. 757-763

„… regarded as exhaustive and that several forms of cooperation might be used within one and the same field.1 …” „… Accordingly, much as was the case with respect to fields of cooperation, Part VI is characterised by its …” „… within this framework in line with their prioritised fields of cooperation. One or more of the EFTA …”

Finn Arnesen Article 126 [Territorial application of the EEA Agreement] S. 945-953

„… Private Investor Principle’, [2003] European Law Review 70-89 (at p. 78). 13 Sec. 55(2) of the …” „… territory of that State. The Vienna Convention on the Law of Treaties Art. 29 provides that, unless a …” „… . 3. 2 See Villiger, Commentary on the 1969 Vienna Convention on the Law of Treaties, 2nd ed, (2009) p …”

Per Andreas Bjørgan Article 19 [Enforceability of decisions] S. 1005

„… in certain other fields of EEA law.1 By way of an example, ESA may issue fines to undertakings for …” „… field of competition, Art. 30 of Chapter II to Protocol 4 SCA regulates which decisions that are to be …” „… be made with regard to the legitimate interest of undertakings in the protection of their business …”

Christian Jordal, Gjermund Mathisen Article 61 [Prohibition of state aid, exemptions] S. 585-598

„… the field of competition law, is not required. It is therefore not necessary to define the market or …” „… , European state aid law recognises a plethora of just causes for granting state aid. This is why the second …” „… out how ESA interprets the definition of state aid. The guidelines are based on case law and practice …”

Jóhanna Jónsdóttir Article 79 [Dialogue and consultation] S. 754-757

„… attainment of their common objectives in the fields referred to in Article 78. 2. They shall, in particular …” „… legislation to that of EU Member States in a specific field, the inclusion of this adaptation arguably has …” „… international law to comply with the provisions of the act.11 Moreover, the legal basis for ESA’s infringement …”

Ólafur Jóhannes Einarsson Article 30 [Recognition of diplomas, certificates] S. 391-400

„… professional titles of the EFTA States. Moreover, there is no case law from the EFTA Court on the Lawyers …” „… expected to export was established. The application of the homogeneity principle in later case law, however …” „… coordination of social security schemes is more extensive than the case law regarding the Citizenship Dir. The …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 104 [Binding effect of EEA Joint Committee decisions] S. 824-825

„… [Homogeneous interpretation of EU and EEA law] 1. In order to achieve the objective of the Contracting Parties …” „… review the development of the case-law of the Court of Justice of the European Communities and the EFTA …” „… within two months after a difference in the case-law of the two Courts has been brought before it, has …”

Dora Sif Tynes Article 94 [The EEA Joint Committee: presidency, meetings, sub-committees and working groups] Functioning of the EEA Joint Committee S. 786-789

„… Rules of Procedure establishes five permanent subcommittees in the fields of free movement of goods (I …” „… fields.6 In practice the bulk of the work of scrutinizing EU acquis considered for incorporation into the …” „… adaptations that are considered of a purely technical nature which in turn leads to most decisions containing …”

Per Andreas Bjørgan Article 20 [Language] S. 1005-1006

„… in certain other fields of EEA law.1 By way of an example, ESA may issue fines to undertakings for …” „… field of competition, Art. 30 of Chapter II to Protocol 4 SCA regulates which decisions that are to be …” „… be made with regard to the legitimate interest of undertakings in the protection of their business …”

Christian Jordal, Gjermund Mathisen Article 63 [Specific provisions on State aid] S. 605-609

„… and ESA Art. 62(2) is a specific expression in the field of state aid of the EEA law principle of …” „… surveillance, and referring to Protocol 27 EEA on Cooperation in the Field of State Aid. Protocol 27 EEA …” „… is another expression of the homogeneity principle in EEA law, dealing specifically with uniform …”

Ólafur Jóhannes Einarsson Article 32 [Exemptions for exercise of official authority] S. 420-423

„… , the notary has certain public law powers and his status is different from that of a lawyer …” „… case law of the ECJ concerning the equivalent provisions in the TFEU makes clear that the ECJ treats …” „… to assume that the approach taken in the case law of the ECJ would be followed in the EFTA pillar …”

Per Christiansen Article 115 [Object and purpose of the EEA financial mechanism] S. 891-892

„… of these fields indicates their importance to the economic and social cohesion in the EEA. Article …” „… from the beginning of the EEA negotiations that the EU-side expected the EFTA States to contribute …” „… the same degree of advantages. It was therefore agreed to introduce certain provisions into the EEA …”

Halvard Haukeland Fredriksen Article 107 [Preliminary rulings from the ECJ] S. 837-840

„… binding, the binding effect is limited to the interpretation of EEA law as such. It is still for the …” „… , does not change the fact that the 1 See Norberg et al, EEA Law, p. 194. 2 The text of Art. 104 of the …” „… Law, p. 194. 6 See the similar view of Max Sørensen ’Det europeiske økonomiske Fællesskab og Danmarks …”

Martin Hennig Article 49 [State aid in the transport sector] S. 518-521

„… general scheme of EEA state aid law.3 3 Decision No 357/2009/EC of the European Parliament and of the …” „… transport”. The concept of “coordination of transport” has not been defined in case law of the EFTA Court or …” „… Law, see Hennig, ‘Public Service Obligations: Protection of Public Service Values in a National and …”

Thomas Chr. Poulsen Article 125 [The EEA Agreement and national systems of property ownership] S. 942-945

„… identical in substance for the purpose of the case at hand, the case law of the ECJ on Article 295 EC is of …” „… relevance when interpreting Article 125 EEA. 62 It follows from the case law of the ECJ on Article 295 EC …” „… Investor Principle’, [2003] European Law Review 70-89 (at p. 71), and Cyndecka, ‘The Problem of Objectives …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 101 [Participation of EFTA States’ experts in non-comitology committees] S. 802-803

„… participation in committees set up in the field of competition under Art. 6 of Protocol 23 EEA. 3 Norberg et al …” „… ., EEA Law, pp. 169-171. For committees included in the EEA Agreement at the time of entry into force …” „… States’ actual possibilities of influencing the content of EEA relevant legislation, in particular …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… differences between EU and EEA law, due to the EEA law’s lack of Union citizenship provisions.41 Three EFTA …” „… provisions governing the employment of nationals of that State laid down by law, regulation or administrative …” „… The free movement of persons constitutes a fundamental right in EEA law.4 The recitals in the preamble …”

Per Christiansen Article 31 [Infringement action] S. 1025-1029

„… preliminary opinion of a breach of EEA law in a letter of formal notice. An EFTA State may accept ESA’s …” „… may choose whether to include the alleged breaches of EEA law fully or partly. However, ESA may not …” „… Procedural Law (2014), pp. 159-204. 2 For a detailed description of ESA’s tasks under the SCA, see the …”

Per Andreas Bjørgan Article 4 [Establishment of the EFTA Surveillance Authority] S. 984-987

„… ing the interplay between rules of secondary and primary EU law, where one or the other lacks any …” „… the level of primary and secondary law.18 The most contentious issue in EEA law is therefore how these …” „… the TFEU, most notably in the field of competition. In this manner, the Commission ensures the …”

Per Andreas Bjørgan Introduction to Part III Article 22 Monitoring the application of the EEA Agreement S. 1007

„… secondary acts regarding ESA’s surveillance activities in the fields of general internal market rules …” „… States’ application of EEA law. Even though the division of competences is clear, the two surveillance …” „… Surveillance Authority’s website.1 Part III: The EFTA States’ fulfilment of their obligations under the EEA …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 2 [Consultations] S. 1082-1085

„… general principles and requirements of food law, establishing the European Food Safety Authority and …” „… interests were at stake in Norway for the incorporation of the Food Law Package into the EEA Agreement …” „… this Agreement, in the cases referred to in Article 43 of the EEA Agreement; f) in the veterinary field …”

Per Christiansen Article 36 [Action for annulment] S. 1041-1046

„… pleas in law against that decision and to adduce evidence in support of those pleas”.6 Article 36 …” „… law relating to their application, or misuse of powers. Any natural or legal person may, under the …” „… Agreement or of any rule of law relating to their application, or misuse of powers.2 With the exception of …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 103 [Requirements for binding Joint Committee decisions] S. 819-824

„… Annexes and Protocols’, in: Baudenbacher (ed), The Handbook of EEA Law, pp. 108-109; and NOU 2012: 2, pp …” „… New Law”, in: Baudenbacher (ed), The Handbook of EEA Law, p. 63; and Jervell, Lovgivningen i EØS,2001 …” „… any kind of direct effect of the legal act that is to be included in national law.12 7 Norberg et al …”

Dora Sif Tynes Article 92 [Responsibilities of the EEA Joint Committee] S. 782-784

„… the EC Member States in their respective fields of competence, shall hold consultations in the EEA …” „… under constant review the development of the case law of the EFTA Court and the EU Courts in order to …” „… the outset had extensive exchanges and cooperation and the development of case-law has not given rise …”

Per Christiansen Article 116 [The EEA financial mechanism] S. 892-894

„… agriculture and fisheries.5 The explicit mention in Art. 115 of these fields indicates their importance to the …” „… The provision further states that the Contracting Parties note “the relevant provisions” of the …” „… EEA Agreement exempts to a large degree free movement of agricultural and fish products from its scope …”

Christian Jordal, Gjermund Mathisen Article 64 [Dispute resolution] S. 609-612

„… is another expression of the homogeneity principle in EEA law, dealing specifically with uniform …” „… field of state aid, and providing for a mechanism to deal with any lack of homogeneity in this respect …” „… Generally on objectives of EU policy and measures on public procurement, see Arrowsmith, The Law of Public …”

Henrik Bull Article 43 [Protective measures] S. 490-495

„… Member State or EFTA State, the Contracting Party concerned may take protective measures in the field of …” „… probably saw proportionality and legal certainty as general principles of law that without doubt applied …” „… , ‘Case E-3/11 Sigmarsson v. the Central Bank of Iceland’ 49 Common Market Law Review (2012), pp …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… the fundamental freedoms within the field of tax law. Initially, the Court applied the general …” „… conditions laid down for its own nationals by the law of the country where such establishment is effected …” „… has been made part of national law in dualistic Iceland and Norway (Liechtenstein is a monist system …”

Per Andreas Bjørgan Article 16 [Obligation to state the reasons for decisions] S. 1003-1004

„… that ESA should go into all the relevant facts and points of law, since the requirements of Art. 16 SCA …” „… longer decisions, especially in the field of state aid. ESA moreover closes existing aid procedures by …” „… , including members of committees. They shall not, even after their duties have ceased, disclose information …”

Per Andreas Bjørgan Article 21 [Annual report] S. 1006-1007

„… secondary acts regarding ESA’s surveillance activities in the fields of general internal market rules …” „… States’ application of EEA law. Even though the division of competences is clear, the two surveillance …” „… cover all instances of a proceeding, whether it be opened on notification, application or complaint …”

Henrik Bull Article 42 [Circumvention of capital movements liberalization] S. 489-490

„… any role in the case law of the EFTA Court or the ECJ. Article 42 [Circumvention of capital movements …” „… , the Contracting Party concerned may take protective measures in the field of capital movements. 3. If …” „… However, with the total liberalisation also of capital movements, the distinction between capital …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Introduction to the Chapter S. 792-793

„… ’ competence to legislate in the fields that fall within the ambit of the EEA Agreement. It states that the …” „… According to the current Rules of Procedure of the EEA Consultative Committee, the committee is …” „… composed of twenty-four members, twelve appointed by the EESC and twelve appointed by the EFTA Consultative …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 5 [Subcommittees and working groups] S. 1090-1095

„… , in the context of EU law, shall submit a draft measure to be taken to, or otherwise consult, a …” „… EFTA participation in informal Council meetings. Furthermore, they organise a variety of informal …” „… events and meetings for example with representatives of the EFTA Working Party in the Council. As is the …”

Christophe Hillion Article 128 [Accession to the EEA Agreement] S. 961-968

„… applicants is unexceptional in an accession clause. States are the traditional subjects of international law …” „… , membership in the EU already entails that EEA law, as part of EU law, is binding on any Member States. The …” „… and de Búrca (eds), The Evolution of EU Law Oxford: Oxford University Press, 2011, pp. 187-216. 14 Cf …”

Henrik Bull Article 24 [Energy] S. 356-361

„… to compensation under other principles of tort law for damage caused by defective products. Art. 13 …” „… rules of the law of contractual or noncontractual liability or a special liability system existing at …” „… . Energy security At the time of negotiating the EEA Agreement, EC legislation in the field of energy could …”

Dora Sif Tynes Article 91 [The EEA Council: presidency and meetings] S. 780-782

„… agreement from the perspective of EU law, coupled with the fact that Art. 90 only envisages decisions taken …” „… fields of competence, shall hold consultations in the EEA Joint Committee on any point of relevance to …” „… cedure stipulate that the EFTA States shall nevertheless speak with one voice in the event of a …”

Martin Hennig Article 14 [Internal taxation: No fiscal discrimination of imported goods] S. 311-322

„… preceding case-law of the ECJ.65 It is true that the ECJ sometimes makes similar statements. However, that …” „… Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms …” „… . Faculty of Law, University of Lund, Sweden, which demonstrate that in the majority of preliminary ruling …”

Halvard Haukeland Fredriksen Article 105 [Homogeneous interpretation of EU and EEA law] S. 825-835

„… Article 105 [Homogeneous interpretation of EU and EEA law] 1. In order to achieve the objective of the …” „… under constant review the development of the case-law of the Court of Justice of the European …” „… Joint Committee within two months after a difference in the case-law of the two Courts has been brought …”

Jonas W. Myhre Article 16 [State monopolies of a commercial character] S. 323-335

„… through which the competent authorities of the Contracting parties, in law or in fact, either directly or …” „… Art. 16 mirrors what is now Art. 37(1) TFEU. Consequently, ECJ case-law on the interpretation of Art …” „… case-law of the ECJ and the EFTA Court regarding the relationship between Arts. 11 and 16 (mirroring the …”

Tron Løkken Sundet Article 68 [Labour law] S. 664-677

„… [Labour law] In the field of labour law, the Contracting Parties shall introduce the measures necessary to …” „… . 31045/10). Article 68 Labour law Sundet 667 7 8 – Dir. 98/59/EC on the approximation of the laws of the …” „… the substantive labour law is generally the same in the EEA as in the EU. Of the EFTA Court’s case law …”

Ingvald Falch Article 4 [Non-discrimination on grounds of nationality] S. 196-209

„… and state of EEA law over time. The specific obligations flowing from Art. 3 therefore appear to …” „… enhanced version of the public international law principle of pacta sunt servanda. Given the many and …” „… particular idiosyncrasies of EEA law as compared to EU law, the principle also seems even more important in …”

Henrik Bull Article 21 [Border controls and cooperation in customs‑related matters] S. 341-349

„… therefore reason to assume that the interpretation of the term will be informed by case law relating to Art …” „… mitigates vigilance in applying case law pertaining to the notion of state aid in Art. 61 EEA when …” „… Art. 24 SCA on the surveillance powers of ESA within the field of State Aid refers to Protocol 9.13 …”

Margrét Einarsdóttir, Ragnhildur Helgadóttir Iceland and the EEA S. 13-35

„… national laws. EEA law aims at safeguarding the rights of individuals and legal entities against this …” „… statutory laws, that is, to guarantee the supremacy of EEA rules over the provisions of national law in …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 III. General Impact of EEA on Icelandic law: Impact on legal theory . . . . . . . . . . . . 18 IV …”

Per Andreas Bjørgan Article 7 [Composition] S. 992-993

„… in the field of competition. Similar powers have been extended to ESA through a revision of Protocol …” „… Member (and President of ESA) was also a lawyer, but since 2002 Norway has appointed members with other …” „… competence to request information from undertakings has been of limited practical importance. Subsequent …”

doi.org/10.5771/9783845275796

Frode Helmich Pedersen, Espen Ingebrigtsen, Werner Gephart - Narratives in the Criminal Process

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Frode Helmich Pedersen (Hrsg.), Espen Ingebrigtsen (Hrsg.), Werner Gephart (Hrsg.)

Narratives in the Criminal Process

Reihe: Recht als Kultur

Band 26 2021

Treffer in den folgenden Teilen:

A. Linneberg Stories, Law, and Justice – on the Place of Narratives in the Field of Law and Humanities S. 253-274

„… Arild Linneberg Stories, Law, and Justice – on the Place of Narratives in the Field of Law …” „… , legal discourse, and the place of narratives in the field of law and humanities. I will discuss this by …” „… rhetoric (in the overall sense), semiotics and hermeneutics, i. e. legal narratives in the field of law and …”

F.H. Pedersen, E. Ingebrigtsen Why Narrative (Still) Matters S. 11-26

„… research conducted within the field of law and narrative helps to expand our knowledge of the multiple …” „… analyzing narratives produced within the legal sphere, researchers within the field of law and narrative …” „… insights that could be employed in such much-needed analyses. Recent Developments The field of law and …”

H.P. Graver Peeking Through the Keyhole: Using Narratives to Explain Legal Reason S. 171-188

„… subjects, which meant that they were deprived of their legal rights in such diverse fields of law, such as …” „… successfully manipulated, its contents are more difficult to reveal. In the communicative field of law, actors …” „… : Towards a Sociology of the Juridical Field, in: The Hastings Law Journal, 38(5), 1987, pp. 814–853. Cole …”

W. Gephart Narration or Subsumption? Two Operations of Imputing Crime and Punishment S. 155-170

„… the contradiction of positive law, but the disturbance of a pre-legal order that constitutes the …” „… insights from criminal law ethnology and comparative criminal law, according to which a description of …” „… la loi« – that is based on a level preceding criminal law provisions. From the logic of criminal law …”

Titelei/Inhaltsverzeichnis S. 1-6

„… the field of Law and literature, it has long been recognized that narrative research and analysis are …” „… Stories, Law, and Justice – on the Place of Narratives in the Field of Law and Humanities …” „… intersects with other domains of society. Law’s cultural foundations and presuppositions are always, one may …”

G. Byrman, J. Lindh Narratives on Assault in Investigation, Trial and Judgment – Analysis of the Argumentation in the Judicial Process S. 219-252

„… text usage. In social practice, law and regulations govern the activities of the judicial process. It …” „… argumentation can be understood through the concepts of field-invariant and field-dependent. An invariant …” „… are mainly field-dependent because the argumentation varies according to the type of case to be tried …”

C. Meng Lam Using Artificial Intelligence in Narratives in the Criminal Process S. 357-380

„… with humans. In the criminal law field, a particular area with growing interest is the use of AI in …” „… interest to law as a means to develop composition for purposes of criminal adjudication. At the same time …” „… Ibid. 4 Ibid., p. 15. 5 Cf. Brooks, Narrative in and of the Law, p. 419. 6 Cf. Drukteinis: Forensic …”

About the Authors S. 381-384

„… Culture« and has published widely in the field of art history, sociology of literature, media, law and …” „… for Law, Society, and Justice. He is a German-trained lawyer with a law degree from the University of …” „… dissertation (1995) on the history and development of Law and Literature, and the works of James Boyd White …”

J. Gaakeer Judicial Narration as Explanation of Facts and Circumstances S. 27-62

„… empathy and affect in the field of Law and Literature, I offer two more examples, and also ask whether it …” „… happened. Or, as Gary Watt notes, A common law judicial trial moulds matter of facts into law’s idea of …” „… recognized in the battle of competing stories? In the trial stage, criminal law’s specific truth conditions …”

F.H. Pedersen The Court’s Story of Facts. A Narratological Approach to the Narrative in the Judgment S. 63-92

„… Thus far, the field of law and narrative has been dominated by studies pertaining to common law …” „… all, in different ways, contributed to the ongoing project of constructing a narratology for the law …” „… parties. 1 Brooks: Narrative in and of the Law, p. 424. 2 See for instance Gaaker: Judging from …”

I. Marković The CSI Effect and the Narrative of the Adversarial Criminal Process S. 299-324

„… Meta-Analysis of the CSI Effect, p. 1. 16 Baldas: Lawyers report judges gone wild, http://www.law …” „… Peter Brooks / Paul Gewirtz: Law’s Stories: Narrative and Rhetoric in the Law, in: University of …” „… Law is basically story-telling, and a narrative does not only recount much of human reality and its …”

L.N. Hjorth Underlying Narratives in Courtroom Exchanges S. 139-154

„… Stories.1 The book has now become indispensable within the field of narrative and law, as it includes …” „… less knowledge of, and experience with, both the law and legal practice compared to the lawyers. In …” „… on law and narrative is the notion of stock stories, which Peter Brooks defines as »standard …”

R. Grunewald Forces Beyond Linear Reasoning: The Evidentiary Power of Narrative in Wrongful Conviction Cases S. 189-218

„… evidence,17 how it must be collected, kept, and how it can or cannot be used in a court of law. Lawyers …” „… idea of justice or what they think law’s justice is. In that sense, evidence is part of how the story …” „… subsumption, the lawyer’s art of matching factual elements with the law and finding the law in factual …”

H. Whalen-Bridge Constructing the Human-Robot Relationship: Stories of Ability and Fear in Cases of Criminal Liability for Driving Aids in Automobiles S. 325-356

„… scholarship articulates the variety of narratives in an entire field of law, such as corporate48 or financial …” „… this normative world, of right and wrong, lawful and unlawful, »law and narrative are inseparably …” „… , Northampton / MA 2018. Lopez, Gerald P.: Lay Lawyering, in: University of California Los Angeles Law Review …”

doi.org/10.5771/9783465145554

Ingrid Artus, Uwe Blien, Judith Holland, thi Hong Van Phan - Labour Market and Industrial Relations in Vietnam

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Ingrid Artus (Hrsg.), Uwe Blien (Hrsg.), Judith Holland (Hrsg.), thi Hong Van Phan (Hrsg.)

Labour Market and Industrial Relations in Vietnam

2015

Treffer in den folgenden Teilen:

Wolfgang Däubler Experiences as a Consultant in the Field of Labour Law in Vietnam S. 93-108

„… Experiences as a Consultant in the Field of Labour Law in Vietnam Wolfgang Däubler The general …” „… come to compromises when a III. Experiences as a Consultant in the Field of Labour Law in Vietnam 95 …” „… Field of Labour Law in Vietnam 97 Another conversation was possible with the union in Vungtau, a …”

Tran Ngoc Dien Industrial Relations and Strikes in Vietnam S. 283-300

„… and laws to regulate and manage social relations in the field of labour. Particularly the legal system …” „… of the labour laws. This should include: I. the improvement of the labour-law system as a whole …” „… laws, it is important to mainstream the content of labour law in education and vocational training …”

Nguyen Ba Can Aspects of Education and Training concerning the Labour Market in Vietnam S. 209-224

„… major steps are outlined in the following paragraphs. First, the institutional system in the field of …” „… education and training has been improved, consolidated and strengthened considerably. The first law of the …” „… was supplemented and amended twice, in 2005 and 2010. Following the enactment of the Law on Vocational …”

Introduction S. 11-22

„… consultant in the field of labour law in Vietnam. He assisted the development of the new labour code in …” „… violations of the law, today (also against the background of high inflation; see Chan/Siu in this volume) it …” „… efforts to develop German-Vietnamese exchange in the field of social science (e.g. by the Federal Ministry …”

Dong thi Thuong Hien Developing Industrial Relations: The Role of the Vietnam Trade Union S. 263-284

„… recent amendment of the Labour Code, the Trade Union Law and other relevant laws. It participates in the …” „… , development and the social process.1 1. 1 Trade Union Law of Vietnam 2012, author’s own translation. 263 The …” „… proposing for development of law and policy; participating in session, meetings, and congress of concerned …”

Anita Chan, Kaxton Siu Strikes and Living Standards in Vietnam: The Impact of Global Supply Chain and Macroeconomic Policy S. 301-336

„… -Japan-Taiwan-and-Korea-in-Dong-Nai-prov ince-about-labour-law-enforcement/language/en-US/Default.aspx, accessed September 7, 2011. 3 This came through in a circular issued by the Council of Taiwanese …” „… field research in HCMC, we observed almost daily contact between the CSR staff of brand companies and …” „… the law, management is made to pay strikers for the days of work they missed. It is also rare for the …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Consultancy 79 Jörg Bergstermann Experiences as a Consultant in the Field of Labour Law in Vietnam 93 Wolfgang …” „… prior permission in writing from the publishers. Under § 54 of the German Copyright Law where copies …” „… ePub (Bloomsbury): 978-1-4742-5932-3 xml (Bloomsbury): 978-1-4742-5929-3 Library of Congress …”

Jürgen Brünjes, Javier Revilla Diez The Development of the Rural Non-farm Economy in Vietnam S. 195-208

„… Enterprise Law established a legal basis for establishments of sole proprietorship and the Company Law …” „… of employment could be generated by domestic firms registered under the Enterprise Law and by the new …” „… particular, the Land Law of 1988 fundamentally reformed the system of agricultural production by permitting …”

Uwe Blien, Phan thi Hong Van The Interaction between Culture and Economy in Vietnam S. 23-58

„… thi Hong Van 34 The contents of the examinations came mainly from five books which covered the fields …” „… . (2000): Law, Family Ties, and the East Asian Way of Business, in: Harrison, L./Huntington, S. P. (eds …” „… protect the inhabitants of this land from dangerous floods gave rise to a ‘hydraulic society’, which was …”

Tran Xuan Cau Restructuring Vietnam’s State-owned Enterprises in the Context of Market Economy and International Integration S. 171-194

„… of state-owned enterprises Some categories of state-owned enterprises In Vietnam’s Law on Enterprises …” „… production and even bankruptcy in many businesses, especially in the field of construction and real estate …” „… and real estate is 7.94 %, in the field of mechanical engineering and shipbuilding it is 4,61 …”

Bui Sy Tuan Social Security and the Labour Market in Vietnam S. 239-260

„… amount of benefits being VND 1,096 billion. Health insurance and health care The Health Insurance Law …” „… took effect from July 1, 2009, with the aim of implementing universal health insurance by 2014. By law …” „… social insurance contributions for their employees in accordance with the law. By 2020, about 50 % of the …”

Ingrid Artus Industrial Relations in Vietnam – Some Theoretical References S. 59-78

„… , developments in the field of Vietnamese industrial relations shall be grasped with the help of concepts …” „… 2001: 1). Ingrid Artus 64 The law in Vietnam in fact requires the establishment of a local workplace …” „… founded with foreign capital). Especially rigid forms of exploitation and violations of labour law and …”

Uwe Blien, Phan thi Hong Van Vietnam: Geography and Socioeconomic Background of Further Analyses S. 109-142

„… of peasants who work their fields using traditional methods. Vietnam is also (still) a transition …” „… standard of living. The various indicators for the fields of education and health in Table 3, on the other …” „… is shown in Table 10), especially in the field of tourism. Many hotels and restaurants have opened up …”

doi.org/10.5771/9783845255446

Ireneusz Pawel Karolewski, Monika Sus - The Transformative Power of Europe

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Ireneusz Pawel Karolewski (Hrsg.), Monika Sus (Hrsg.)

The Transformative Power of Europe

Reihe: German and European Studies of the Willy Brandt Center at the Wroclaw University

Band 4 2015

Treffer in den folgenden Teilen:

Ewa Wójtowicz Chapter 2: European Union activity in the field of civil law and its impact on Polish national contract law S. 36-53

„… Chapter 2: European Union activity in the field of civil law and its impact on Polish national …” „… contract law Ewa Wójtowicz Introduction Over the last years the Polish legal system in the field of civil …” „… language and its tradition”. The study aims to show the EU activity in the field of contract law and its …”

Robert Grzeszczak Chapter 1: The European transformation of the legislative, executive and judicial power in Poland S. 21-37

„… the EU and its member states in the field of procedural law. Under this principle, it is the member …” „… field of EU affairs. These principles, based on general EU law provisions, are stipulated in the Act on …” „… large amount of law produced by the EU, especially in the field of the economy, one must conclude that …”

References S. 16-27

„… law but not necessarily its legitimacy. In addition, the EU establishes institutions in the field of …” „… public law rules, interacts with national private laws as the outcome of different legal traditions. The …” „… standards of democratic governance, human rights and the rule of law offer a point of reference to external …”

Jolanta Maj Chapter 10: Gender equality policy after the Polish accession to the EU: Transformation or obstinacy? S. 230-250

„… transposing the provisions of EU law a qualitative analysis of the content of transcripts of the meetings of …” „… field of gender equality policy in Poland as a result of the change of the mechanisms and instruments …” „… (Pacześniak and Riedel, 2009: 123-124). Comparative analyses in the field of the Europeanisation of gender …”

Ireneusz P. Karolewski Chapter 5: The transformation of EU governance, identity making and the counterterrorism policies of the EU S. 111-138

„… controls the process of law-making, the majority can become ‘the state’ itself, legitimising the tyranny of …” „… . They replace democratically legitimised laws with regulations that have the force of law but not …” „… specific identity technology in the EU. It becomes most visible in the field of counterterrorism policies …”

Notes on Contributors S. 251-254

„… , European Law and European integration. She is working on a Ph.D. thesis about the influence of Schengen on …” „… (Potsdam, Germany). His fields of interests include climate change and energy policies (especially in …” „… 15, 2012. Robert Grzeszczak is Professor of Law at the University of Warsaw (Poland); he holds a …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Poland 21 Robert Grzeszczak Chapter 2: European Union activity in the field of civil law and its impact …” „… prior permission in writing from the publishers. Under § 54 of the German Copyright Law where copies …” „… Nomos The Transformative Power of Europe The Case of Poland Karolewski | Sus [eds.] German and …”

Andrzej Ceglarz, Andrzej Ancygier Chapter 6: The Polish renewable energy and climate policies under the impact of the EU S. 137-168

„… integration of these two fields since 2005 (Solorio Sandoval and Morata, 2012: 9). Howes (2010: 122) also …” „… exactly we should look for the proof of the EU’s transformative power in this field. The impact of the …” „… of energy in the power sector. But before the law was implemented, a separate indicative target …”

Monika Sus Chapter 7: Polish foreign policy after 2004: How European is it really? The case of the Eastern dimension of the ENP S. 169-188

„… intergovernmental nature of European foreign policy and the lack of formal regulations to be adopted in this field …” „… , there are no conditional requirements of law or procedures to be implemented by the member states. This …” „… focus on the narrow field of the eastern countries and to pursue Polish national interests in this area …”

Agnieszka K. Cianciara Chapter 3: Interest representation in Poland after EU accession: More regulated, professional and legitimate? S. 54-77

„… ofmaking the interests of that party considered in the law-making process. Professional lobbying activity …” „… post-accession compliance shows that the implementation of EU law in Central Europe has been strong in the first …” „… . Under the Polish law lobbyists do not report their activities. Such reporting is one of the main pillars …”

Stanisław Konopacki Chapter 8: Functionalism and transformation potential of the European Union. The case of Eastern Partnership S. 189-204

„… European standards of democracy and state of law, especially in Belarus, Azerbaijan and Armenia. The third …” „… promotion of human rights, the fight against corruption, and the rule of law within the Eastern Partnership …” „… Chapter 8: Functionalism and transformation potential of the European Union. The case of Eastern …”

Anna Bachmann Chapter 9: The neofunctional transformation in the Polish borderland? S. 205-229

„… implement the acquis communautaire. It means not only transferring the rule of law, but also changing policy …” „… long as the checks are not an equivalent to the border controls, they conform to EU law. The lack of …” „… . Borders are conceived of as obstacles to trade and migration, tariff walls distort competition and divide …”

Anna Pacześniak Chapter 4: The impact of EU membership on Polish political parties S. 78-108

„… so-called Copenhagen criteria, which listed the existence of stable democratic institutions, the rule of law …” „… statute were made on 3 June 2006 (Statute of Law and Justice, 2006). SLD, in turn, Europeanised its …” „… Statut Prawa i Sprawiedliwości (Statute of Law and Justice), adopted during the IV PiS Congress in Warsaw …”

doi.org/10.5771/9783845261317

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